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Central Information Commission

Bikramjeet Singh Bhullar vs Central Board Of Film ... on 22 December, 2025

                                    के ीय सूचना आयोग
                          Central Information Commission
                             बाबा गंगनाथ माग, मुिनरका
                           Baba Gangnath Marg, Munirka
                           नई िद ी, New Delhi - 110067

File No: CIC/CBOFC/A/2024/632141

Bikramjeet Singh Bhullar                              .....अपीलकता/Appellant


                                        VERSUS
                                         बनाम

PIO,
CPIO under RTI,
Sr. Administrative
Officer, Central Film
Certification Board, Phase-1
Building, 9th Floor, Films
Division Complex, Dr. G.
Deshmukh Marg, Pedar Road,
Mumbai-400026 (Maharashtra).                          .... ितवादीगण /Respondent

Date of Hearing                     :    16.12.2025
Date of Decision                    :    19.12.2025

INFORMATION COMMISSIONER :               Vinod Kumar Tiwari

Relevant facts emerging from appeal:

RTI application filed on            :    15.05.2024
CPIO replied on                     :    06.06.2024
First appeal filed on               :    28.06.2024
First Appellate Authority's order   :    10.07.2024
2nd Appeal/Complaint dated          :    29.07.2024

Information sought

:

1. The Appellant filed an RTI application dated 15.05.2024 (online) seeking the following information:

"Request for Copy of Hindi Film script submitted with the censor board Shamshera Released in 2022.

I am writing to request information under the provisions of the Right to Information (RTI) Act, 2005. I would like to obtain a certified copy of the Script. Hindi film titled Shamshera, submitted to the CENTRAL BOARD OF CERTIFATION (certificate number DIL/2/232/2022-MUM, DATED 0707/2022) which was produced by Yash Raj Films and released in the year 2020.

I understand that the Central Board of Film Certification (CBFC) is responsible for certifying films for PUBLIC EXHIBITION IN INDIA, AND I AM HEREBY REQUESTING ACCESS TO THE AFOREMENTIONED FILM IN ACCORDANCE WITH THE TRANSPARENCY AND ACCOUNTABILITY OBJECTIVES OF THE RTI ACT. I KINDLY REQUEST THAT THE COPY OF THE FILM SHAMSHERA BE PROVIDED EITHER IN PHYSICAL FORMAT OR THROUGH ELECTRONIC MEANS, AS PER THE PROCEDURES OUTLINED BY THE RTI ACT. I AM WILLING TO PAY ANY NECESSARY FEES ASSOCIATED WITH OBTAINING THE REQUESTED INFORMATION. A Commercial suit is pending before the High court of Delhi in the matter Bikarmjeet Singh Bhullar Vs YRF & Ors (CS (Comm) 483/2022).

PLEASE ACKNOWLEDGE THE RECEIPT OF THIS APPLICATION And I WOULD LOOK FORWARD TO A PROMPT AND FAVORABLE RESPONSE"

2. The CPIO furnished a reply to the Appellant on 06.06.2024 stating as under:

"Please refer to your RTI application No. CBOFC/R/E/24/00028 dated 14/05/2024 on the subject noted above; it is to inform you that there is no larger public interest that warrants the disclosure of such information, hence, the requested Information cannot be provided under Section 8(1)(j) of the RTI Act 2005 and Rule 23(5) of the Cinematograph (Certification) Rule 2024."

3. Being dissatisfied, the Appellant filed a First Appeal dated 28.06.2024. The FAA vide its order dated 10.07.2024, upheld the reply of CPIO.

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Shri Harvinder Singh Bhullar, Advocate, Shri Fateh Singh Bhullar, Advocate, Shri Yashi Gupta, Advocate- participated in the hearing. Respondent: Ms. Deepa Subramanium, Sr. A.O- participated in the hearing.

5. Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 29.07.2024 is not available on record. The Respondent confirms non-service.

6. The Ld. Counsel of the Appellant Shri Harvinder Singh Bhullar inter alia submitted that the Appellant has sought copy of Hindi film script of the film Shamshera which was released in 2022, submitted with the censor board. He averred that a commercial suit CS (Comm) 483/2022 Bikarmjeet Singh Bhullar Vs Yash Raj Films Pvt. Ltd. & Ors has been filed against copyright infringement of literary work of Appellant. He stated that the defendants of the aforementioned case have made and released a cinematograph film titled "Shamshera" which has been made by copying/adapting/imitating/infringing the Appellant's copyrighted literary work(s) shared with the defendants of the suit in confidentiality, titled as 'Kabu na chhadein Kher', in a completely unauthorized, dishonest, and illegal manner. He averred that information sought has been wrongly denied under Section 8(1)(j) and Rule 23(5) of the Cinematograph (Certification) Rule 2024. As regards Rule 23(5) of the Cinematograph (Certification) Rule 2024, the same applies to cases where the film has not been released as the word used in this section is 'preview of the film' whereas in the present case, the information sought relates to the script of the film which has already been released. He stated that information sought should be disclosed in larger public interest and placed reliance on the decision of Apex Court in Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarwal in Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of 2010.

7. The Respondent while defending their case inter alia submitted that the information sought is personal information of third party and same is exempted under Section 8(1)(j) of the RTI Act. She further stated that the information sought cannot be disseminated as per Rule 23(5) of the Cinematograph (Certification) Rule 2024. She further submitted that the Respondent is willing to produce it in the appropriate court of law if and when requisitioned by the same for adjudicating the commercial suit.

Decision:

8. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the Appellant has sought copy of Hindi film script of the film Shamshera which was released in 2022. Nowhere in the RTI Application has the Appellant disclosed his locus qua the information sought. He has merely stated that he is a script writer of repute. It is noted that the information sought relates to the personal information and/or copyrighted information of third party/parties and same is exempted under Section 8(1)(j) of the RTI Act. Furthermore, the requested information pertains to a film script, which is a copyrighted work protected by Copyright Act, 1957 and disclosure of the same is prohibited under Section 9 of the Right to Information Act, 2005.

9. In this regard, attention of the Appellant is drawn towards the relevant portion of Section 9 of the RTI Act which is reproduced below -

"..9. Grounds for rejection to access in certain cases.--Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State..."

10. In view of foregoing, the information sought relates to the script of a film. A film script constitutes a copyrighted literary work protected under the Copyright Act, 1957. Disclosure of a copy of the script would amount to infringement of copyright and is therefore barred CIC/CBOFC/A/2024/632141 Page 4 of 5 under Section 9 of the Right to Information Act, 2005. Further, the script contains personal and creative material of the author, the disclosure of which has no relationship to any public activity and would cause unwarranted invasion of privacy. Accordingly, the information is also exempt from disclosure under Section 8(1)(j) of the RTI Act. Hence, intervention of the Commission is not necessary in the matter.

The appeal is disposed of accordingly.

Vinod Kumar Tiwari (िवनोद कु मार ितवारी) Information Commissioner (सूच ना आयु ) Authenticated true copy (अिभ मािणत स"ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:

The FAA, Central Board of Film Certification, Phase - 1 Building, 9th Floor, Film Division Complex, Dr. Gopalrao Deshmukh Marg, Pedar Road, Mumbai - 400026 CIC/CBOFC/A/2024/632141 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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