Bombay High Court: In a suo motu public interest litigation concerning noise and environmental pollution and public nuisance arising from the unregulated use of amplified music systems and bursting of firecrackers on public streets during festivals, the Division Bench of G.S. Kulkarni and Dr Neela Gokhale, JJ., took note of the criticism directed at celebrities who had voluntarily participated in a public-awareness campaign highlighting the ill-effects of bursting firecrackers. The Court particularly took cognizance of the incident involving actor Dia Mirza, whose environmental-awareness message was deleted from the Municipal Corporation’s (BMC) social media handle following adverse comments. Describing the deletion as “most unfortunate”, the Court observed that restoring Dia Mirza’s message on BMC’s social media platforms would be “ideal and eminently desirable” and that there could be no scope or justification for such reactions of a few individuals, which were ex facie against the highest constitutional principles of secularism. The Court also urged the State Government and other authorities concerned in Maharashtra to consider implementing the Supreme Court’s directions in Arjun Gopal v. Union of India1, on the bursting of firecrackers, having regard to the prevailing local conditions.
Also Read: Supreme Court Allows Green Crackers in Delhi-NCR on November 7—8, Restores Ban from November 9
Background
The Court initiated a suo motu public interest proceedings concerning noise and environmental pollution and public nuisance caused by the unregulated use of music systems with amplifiers and firecrackers on public streets during festivals. By its earlier orders dated 21 September 2026, 22 September 2026, 15 October 2026, 21 October 2026 and 26 October 2026, the Court had emphasised the importance of creating public awareness about the noise and air pollution caused by firecrackers and had issued appropriate directions.
In its order dated 15 October 2026, the Court had observed that the authorities may consider involving celebrities in awareness campaigns with a view to making the city a better place to live. Subsequently, in its order dated 26 October 2026, the Court had clarified that it did not expect the State Government or local bodies to incur expenditure from the public exchequer to hire celebrities for the campaign, but expected celebrities to voluntarily extend their services for the public cause. Pursuant to the Court’s orders, the Municipal Commissioner, Maharashtra Pollution Control Board (MPCB) and police authorities took steps to involve celebrities in the awareness campaign. The celebrities included Dia Mirza, Madhuri Dixit, Nishigandha Wad, Anjinkya Rahane, Harshada Khanwilkar, Swapnil Joshi and Kushal Badrike.
However, certain persons made comments against the celebrities who had participated in the campaign. Dia Mirza, a celebrity, was singled out and her social-awareness message on the ill-effects of bursting firecrackers, as reflected in the Court’s orders, was deleted from BMC’s social media handle. Citizens also raised serious concerns regarding the incident through their representations.
Although the Court adjourned the proceedings to 19 November 2026 by its order dated 26 October 2026, it listed the matter on 3 November 2026 in view of the comments made against the celebrities and the deletion of the social-awareness message.
Analysis
The Court observed that its orders concerning the bursting of firecrackers are applicable throughout the year and are not meant for any particular season. However, it cannot be overlooked that during the Diwali festival there will be large-scale bursting of firecrackers, causing air and noise pollution, adversely affecting citizens at large, and such conditions will prevail for a considerable period of time.
The Court appreciated the steps taken by the Municipal Commissioner, in pursuance of its orders, to involve celebrities in spreading awareness about the ill-effects of bursting firecrackers and the toxicity generated by such bursting. The Court also appreciated the celebrities who, with a sense of belonging to society at large and without any remuneration, have come forward to assist the public cause. It was observed that their involvement is vital considering the impact it will have on society at large, having regard to the societal position they enjoyed after achieving distinction in their respective professions.
The Court referred to the Supreme Court’s order dated 29 October 2026 in Arjun Gopal, wherein it was categorically observed that Deepawali or Diwali was the festival of lights and had, over the centuries, partaken the character of a national festival, so much so that it could even be considered an international festival. The Supreme Court observed that the festival is celebrated by people regardless of their caste, community and religion and brought joy and prosperity to every individual, dispelling darkness and ensuring righteousness. The Court further noted the Supreme Court’s observations that, with the introduction of gunpowder in India a few centuries ago, the celebrations had undergone a change by the bursting of firecrackers, which was a cause of concern, especially in regard to air and noise pollution, apart from the creation of solid waste by the unregulated practice of bursting firecrackers.
The Court noted that the Supreme Court specifically emphasised that children, persons with disabilities and elderly people constituted the most vulnerable groups. Further, every year the statistics reflected a huge spike in the Air Quality Index (AQI) and pollution levels, including the release of particulate matter (PM) into the atmosphere after the festival was celebrated across the country. The Supreme Court also observed that PM emanating from bursting firecrackers remained in the atmosphere for an extensive period, stretching up to several days even after the culmination of the festival. These particles are so tiny and microscopic that, once they enter the human body, they cannot be filtered and freely entered the bloodstream upon being inhaled, causing substantial damage.
The Court also referred to its earlier orders dated 21 September 2026, 22 September 2026, 15 October 2026, 21 October 2026 and 26 October 2026, wherein it emphasised the importance of creating public awareness about the noise and air pollution caused by firecrackers and issued appropriate directions. The Court observed that by its order dated 15 October 2026, the authorities may consider involving celebrities in the awareness campaigns with a view to making the city a better place to live. The Court further referred to its order dated 26 October 2026, wherein it was observed that it did not expect the authorities to incur expenditure from the public exchequer to hire celebrities for the campaign. The Court expected celebrities such as movie stars and sportsmen to come forward voluntarily and extend their services to spread environmental awareness, as the air people breathed and the environment they enjoyed were shared natural resources.
The Court observed that, with a sense of belonging to the city and the societal cause involving public health, the Municipal Commissioner, MPCB and police authorities have taken effective steps to involve celebrities, who have voluntarily come forward to spread awareness about the adverse effects of bursting firecrackers and the importance of preserving the environment. The Court further observed that each of them, in a very dignified manner, while encouraging the celebration of the festival of lights, have conveyed a message of collective responsibility towards a clean and pollution-free environment. These messages reflected collective concern, goodwill, togetherness and a sense of belonging to society. The Court emphasised that when such an endeavour is being undertaken in the spirit of solidarity and in pursuance of its orders, there can be no room for any factionalism or individualism. What is required is a spirit of teamwork and collective responsibility, with the sole objective of preventing damage to the environment and ensuring that citizens breathe air free from pollution and are not adversely affected by noise pollution generated by the bursting of firecrackers.
The Court then took note of the incident in which actor Dia Mirza was singled out and her social-awareness message on the ill-effects of bursting firecrackers, as reflected in the orders passed by the Court, was deleted from the social media handle of BMC for reasons available in the public domain. The Court observed that the incident was most unfortunate and appeared to have been resorted to by overlooking the overarching intent, object and solemnity of its orders. The Court underscored that its orders sought to protect the environment by reducing the toxicity that would be added to the air people breathed through the pollution generated by bursting firecrackers, accompanied by noise pollution adversely affecting the health of every individual. This is what the public-awareness campaigns, with the involvement of celebrities, seek to achieve. The Court emphasised that there can be no scope or justification for such reactions of few individuals, particularly when such reactions are ex facie against the highest constitutional principles of secularism which are paramount and to be adhered by every citizen.
The Court further observed that every action undertaken by public authorities and their officers must be guided by the sole object of nurturing goodwill and respecting every member of the community, irrespective of caste, community or religion, as observed by the Supreme Court in Arjun Gopal. It was observed that it is essential to foster an environment of fraternity and mutual respect while recognising that the celebration of any festival is a constitutional right of every citizen. The Constitution expects citizens to rise to such occasions and embrace their collective responsibility towards the achievement of larger societal goals.
The Court observed that, while it does not intend to comment any further on the issue, it reiterated its appreciation for the steps taken by the Municipal Commissioner. It was further observed that, respecting the constitutional norms, it will be ideal and eminently desirable that the deleted social-awareness messages of the celebrity acting under the Court’s orders be restored on BMC’s social media platforms. This will be in the spirit of the Supreme Court’s observations that the festival was for everybody to celebrate and that no person in the country ought to be isolated from any festival being celebrated.
The Court then considered the Supreme Court’s directions issued in Arjun Gopal. The Court observed that, although the directions are issued in the context of high pollution levels prevailing in the Delhi-NCR region during the festive season, it will also be appropriate for the State Government and other authorities, including MPCB, BMC and Police Department, to consider the said directions, particularly regarding the timings for bursting firecrackers. The Court noted that in the Supreme Court’s order, bursting of firecrackers was permitted only between 6.00 a.m. and 7.00 a.m. and between 8.00 p.m. and 10.00 p.m. on 7 November 2026 and 8 November 2026. It was observed that it will be appropriate for the State Government and authorities concerned in Maharashtra to consider the applicability and implementation of the said directions in the State, having regard to the prevailing local conditions.
The Court further observed that specific directions are already issued in the present proceedings, considering the local conditions of high AQI levels and the same are sought to be implemented. It was emphasised that it would be proper for the authorities to take appropriate steps, including issuing directions regarding the nature of firecrackers which may be permitted to be used, ensuring that only certified green crackers are used in the celebrations. The Court referred to the Supreme Court’s order under the heading “QUA STATE MACHINERY”.
The Court emphasised that, without, in any manner disturbing the orders passed by it, an endeavour shall be made by the different authorities to consider and take further appropriate steps which will subserve the larger public interest in light of the directions and observations contained in the Supreme Court’s order.
Decision
With the aforesaid observations, the Court appreciated the proactive steps taken by the Commissioner of BMC, Commissioner of Police, Mumbai and Member Secretary of MPCB. The Court adjourned the proceedings to the returnable date, with a hope that the festival of lights would be celebrated by everyone in the true spirit of happiness and joy, societal prosperity and good health, while keeping in mind that it is every citizen’s responsibility to ensure that the celebrations do not contribute to air and noise pollution.
[In Re: Noise and Environmental Pollution; Public Nuisance caused by unregulated use of Music Systems with Amplifiers and Firecrackers on Public Streets During Festivals, Suo Motu Public Interest Litigation No. 01 of 2026, decided on 3-11-2026]
Advocates who appeared in this case:
Amicus Curiae: Anand Pai with Lavanya Panicker.
For the Applicant/Intervenor: Rajendra Desai, with Krishna Ratnaparkhi, Akshay Pawar and Vasim Siddiqui.
For the Respondent: Anjali Helekar, Government Pleader with Jyoti Chavan, Additional Government Pleader, Joel Carlos with Oorja Dhond instructed by Komal Punjabi.
1. Writ Petition (Civil) No. 728 of 2015
