Central Information Commission
V R Kamalapurkar vs Central Board Of Film ... on 17 December, 2020
CIC/CBOFC/A/2019/103236
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/CBOFC/A/2019/103236
In the matter of:
V R Kamalapurkar ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO, ... ितवादीगण /Respondent
/Under Secretary, Ministry of
Information and Broadcasting,
A Wing, Shastri Bhawan,
New Delhi - 11000
2. CPIO,
Central Board of Film Certification
Film Division Complex,
9th Floor, Phase - I,
24 Dr. G.D. Marg,
Mumbai - 400026
Relevant dates emerging from the appeal:
RTI : 20.08.2018 FA : 03.11.2018 SA : 22.01.2019
CPIO : 18.09.2018 FAO : 12.12.2018 Hearing : 15.12.2020
Page 1 of 6
CIC/CBOFC/A/2019/103236
The following were present:
Appellant: Shri V.R. Kamalapurkar participated in the hearing through video
conferencing from NIC Pune.
Respondent: Shri S. Vijay Gopal, Under Secretary to Government of India, M/o.
Information and Broadcasting and Shri Nagraj Kulkarni, CPIO/Sr. Administrative
Officer, CBFC, Mumbai participated in the hearing on being contacted on their
respective telephones.
ORDER
Information sought:
The Appellant filed an RTI Application dated 20.08.2018 seeking information regarding one Shri Vinay Dhumale, who had shown film on Lokmanya Tilakji by the name 'Swaraj My Birth Right' on Loksabha channel on 1st August 2018, wherein he had displayed Hon'ble Deputy Prime Minster, Shri L. K. Advaniji's name in grateful acknowledgement in the titles of the film. The Appellant apprised that there was a question in Loksabha by the Hon'ble Member of Parliament on non-utilization of Government's grant of Rs. 2.5 Crores disbursed in the year 2001 for making of the said film on Lokmanya Tilak till 2016. Since the CBI had probed the matter and filed criminal case in Delhi courts, the Appellant specifically sought the following information:
1) Protocol for Inclusion of name of the Honorable Deputy Prime Minister in any event, film, etc.
2) Procedure to be followed for requesting to permission for name inclusion.
3) Specified time by Honorable Deputy Prime Ministers office for permission or denial for the same.
4) Any person can include Honorable Deputy Prime Ministers name without intimation to the Hon'ble Deputy Prime Ministers office in personal strength.
5) If the above protocol is not followed the action to be taken as per the P M Office Rules and Regulations.
6) Certified copies of the correspondence done by Dhumale for inclusion of Honorable Deputy Prime Minister Shri L K Advanis name.Page 2 of 6
CIC/CBOFC/A/2019/103236 The CPIO vide letter dated 18.09.2018 transferred the RTI Application u/s 6(3) of the RTI Act, 2005 to Shri Sanjai Jaiswal, CPIO & Sr. Administrative Officer, Central Board of Film Certification (I)(Hq.), Films Division Complex, Phase - I Building, 9th Floor, Dr. G. Deshmukh Marg, Mumbai - 400 026 and SO (IFC), M/o. I&B. Shri Sanjai Jaiswal, CPIO & Sr. Administrative Officer vide letter dated 10.10.2018 informed the Appellant that the information sought in the instant RTI Application does not fall within the jurisdiction of the CBFC. Being dissatisfied, the Appellant filed a First Appeal dated 03.11.2018. The First Appellate Authority vide order dated 12.12.2018 upheld the CPIO's reply of Shri Sanjai Jaiswal.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he is not satisfied with the information provided by the Respondent public authority. He further stated that Shri Vinay Dhumale has infringed the extant copyright provisions by re-making a Doordarshan serial on Lokmanya Bal Gangadhar Tilak. He furthermore stated that he has sought protocols for inclusion of Shri Lal Krishna Advani's name in any project, film, event etc. and also averred that the protocols are directives formed at high level authorities and are to be following by the concerned Departments operating under them.
A written submission dated 15.12.2020 filed by the Appellant is taken on record.Page 3 of 6
CIC/CBOFC/A/2019/103236 Shri S. Vijay Gopal submitted that the RTI Application was received on transfer from the O/o. PMO, which was further transferred to CBFC on 18.09.2018. He further submitted that the CBFC is created under the Cinematograph Act, 1952 and that it performs the statutory function of certifying films for public exhibition in accordance with the Cinematograph Act, 1952; Cinematograph (Certification) Rules, 1983 and the relevant guidelines thereunder. He furthermore submitted that that CBFC certifies films under categories 'U', 'U/A', 'A' and 'S', as applicable and has a well-defined process for examining every film as per the guidelines framed under the Act. He added that as per the information available in CBFC's website, the film 'The Great Freedom Fighter Lokamanya Bal Gangadhar Tilak Swaraj My Birthright' produced by Shri Vinay Dhumale was certified by CBFC, Mumbai on 01.03.2018 under 'U' (Unrestricted Public Exhibition) category.
Shri Nagraj Kulkarni submitted that the instant RTI Application was received upon transfer from M/o. Information and Broadcasting. He further submitted that in certifying films, CBFC has to follow a specific set of guidelines set for it by the Central Government under Section 5B(2) of Cinematograph Act, 1952. He furthermore submitted that the CBFC can intervene in the contents of the film, by directing excisions or modifications, only if either of these guidelines are violated. As far as the subject-matter pertaining to inclusion of Shri Lal Krishna Advani's name, no information is available with them i.e., such matters do not fall within the statutory body's jurisdiction. He added that no copies of the correspondence made by Shri Vinay Dhumale for inclusion of Shri Lal Krishna Advani's name in the aforesaid film are available with CBFC. He further added that the CBFC seeks only the documents mentioned under Rule 21 of Cinematograph Certification Rules, 1983.Page 4 of 6
CIC/CBOFC/A/2019/103236 The written submissions dated 04.12.2020 filed by Shri S. Vijay Gopal, Under Secretary to the Govt. of the India, M/o. Information & Broadcasting and dated 09.12.2020 filed by Shri Nagraj Kulkarni, CPIO/Sr. Admin. Officer, CBFC, Mumbai is taken on record.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that available and relevant information has been provided to the Appellant. However, since the written submissions provided by the CPIO, M/o. Information and Broadcasting and the CPIO, CBFC, Mumbai has not been marked to the Appellant, both Shri S. Vijay Gopal, Under Secretary to Government of India, M/o. Information and Broadcasting and Shri Nagraj Kulkarni, CPIO/Sr. Administrative Officer, CBFC, Mumbai are hereby directed to forward a certified copy of their respective written submissions dated 04.12.2020 and 09.12.2020 to the Appellant, free of cost, within 15 days from the date of issue of this order.
With the above observations, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 15.12.2020 Authenticated true copy (अिभ मािणत स यािपत ित) Page 5 of 6 CIC/CBOFC/A/2019/103236 B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) /Regional Officer, Central Board of Film Certification, Film Division Complex, 9th Floor, Phase - I, 24 Deshmukh Marg, Mumbai- 400026
2. The Central Public Information Officer /Under Secretary, Ministry of Information and Broadcasting, A Wing, Shastri Bhawan, New Delhi-11000
3. The Central Public Information Officer Central Board of Film Certification, Film Division Complex, 9th Floor, Phase - I, 24 Dr. G.D. Marg, Mumbai400026
4. Mr. V R Kamalapurkar Page 6 of 6