Bombay HC asks Maharashtra to consider Supreme Court firecracker timings, slams BMC video removal

The Bombay High Court has asked the Maharashtra government to consider how far the Supreme Court's directions on the regular timings for bursting firecrackers during Diwali apply in the state. The court's aim is to prevent serious harm to the environment and health in the city.

The order runs to 13 pages. The bench of Justice Girish Kulkarni and Justice Neela Gokhale passed it after taking up the matter on its own. The case concerns the removal of a video by actor Dia Mirza by the Brihanmumbai Municipal Corporation (BMC) on Diwali. The bench referred to the Supreme Court's directions of October 29, issued in view of high pollution levels in Delhi-NCR during the festival season.

According to the High Court order, made available on Wednesday, the court is of the opinion that the state government and other agencies should look at these directions, particularly those on the timings for bursting firecrackers. These include the Maharashtra Pollution Control Board, the BMC and the police department.

The Supreme Court had said that approved green firecrackers should be burst on Diwali only within fixed hours. In the National Capital Region (NCR), these are 6 am to 7 am and 8 pm to 10 pm.

The High Court said: "In our opinion, it would be appropriate for the State Government and the concerned authorities in Maharashtra to consider the relevance and implementation of these directions, keeping in view local conditions."

The Supreme Court recently underlined that Diwali is a national festival of joy celebrated across communities, but that bursting firecrackers in an uncontrolled manner poses a serious threat to the environment and health. It can cause a sharp spike in the Air Quality Index (AQI) and produce very fine particulate matter (PM) that stays in the air for several days.

In the same order, the High Court described the removal of Dia Mirza's social media message raising awareness against firecrackers as "most unfortunate". The bench said that when health and environment initiatives are under way under court orders, there is no room for factionalism or personal views.

The bench also praised Madhuri Dixit, Nishigandha Wad, Ajinkya Rahane, Harshada Khanvilkar, Swapnil Joshi and Kushal Badrike along with Dia Mirza. All of them came forward without taking any fee and supported this health and environment campaign.

The hearing was held on Tuesday, but by Wednesday the BMC had not re-uploaded the actor's video. The High Court said it would be "ideal and highly desirable" for the corporation to restore the removed post on its official social media handle. The court also said Mumbai's rich cultural heritage rests on a spirit of mutual togetherness.

The bench said the incident, in which only Dia Mirza's message was picked out and removed, appears to ignore the "wider intent, purpose and seriousness" of the court's orders. These orders are meant to curb air and noise pollution. In the bench's words: "There can be no room or justification for such reactions by some persons, particularly when such reactions are in direct contravention of the supreme constitutional principles of secularism, which are paramount and which every citizen is bound to follow."

The court also cautioned government officials and the state machinery. It said every government action must aim only at promoting harmony and respecting every person irrespective of caste, community or religion. Citing Supreme Court judgments, it said: "It is necessary to create an atmosphere of brotherhood and mutual respect, recognising that celebrating any festival is the constitutional right of every citizen." According to the judgments, no one should be excluded from celebrations.

The court again appreciated the municipal administration's steps to curb pollution. It added that restoring the removed awareness video would be in keeping with constitutional norms and would end the matter on a positive note.

The High Court hearing followed the controversy over Dia Mirza's video. After an objection from Mumbai BJP president Amit Satam and a remark by Mayor Ritu Tawde calling the actor "anti-Hindu", the BMC selectively removed her clip from social media. Her clip appealing to people to avoid air and noise pollution was taken down, while videos from the campaign featuring actors Madhuri Dixit and Nishigandha Wad and cricketer Ajinkya Rahane stayed on the BMC's X and Instagram handles.