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1.3 The petitioner seeks to assert his right to show the documentary titled:

"The Textures of Loss", without the stipulated deletions/ excisions, as according to him, nothing in the film falls within the ambit of clause (2) of Article 19 of the Constitution. There is also a challenge to the guidelines dated 06.12.1991 (1991 Guidelines), framed by the Ministry of Information and Broadcasting, Government of India, for guidance of CBFC, while sanctioning films for public exhibition.

1.4 The CBFC, by order dated 30.12.2013, had directed insertion of a disclaimer and four deletion/ excisions from the subject film. The FCAT, partially allowed the appeal of the petitioner, in as much as, it did away with two out of the four deletions, directed by the CBFC.

2.3 The final product is an approximately 61 minute documentary film, which the petitioner avers is based on case studies of persons, who were affected by long-term violence in Kashmir.

2.4 On the completion of the film, an application was made to the CBFC for certification of the film. This application was filed on 26.12.2013, with the regional office of the CBFC.

2.5 The petitioner avers that, on 27.12.2013, he received a telephonic call from a person, who claimed to be a clerk at the CBFC office. The conversation with the caller went something like this: "Sahib" had seen the film, and that, he had suggested four deletions in the film. The petitioner was told to take note of the same and have them, accordingly, deleted. 2.6 It is stated that since, the petitioner, could neither follow the purport of the conversation, nor fathom as to whether the person who he was speaking to, had the relevant authority, he asked the person concerned, to put down everything that had been said to him, in writing, and thereafter, dispatch the same, by post or email to him.

What has been missed out by CBFC is that real Jehad means doing something for the benefit of the society like educating children, health care etc. There is a clear message in this sentence which seems to have been overlooked by CBFC because the word Jehad is used. The recommendation is set aside.

(c) The 3rd suggested cut from 00:39:34 to 00:39:36 from "disproportionate violence" line from textual graphics plate has been recommended by CBFC to be deleted. The expression "With Disproportionate Violence" does not do justice to the role of the security forces who faced a storm of stone throwing. The action of the forces was partly in self defense and secondly to deter occurrence of stone throwing incidents. The Tribunal accordingly agrees with CBFC that the expression "With Disproportionate Violence" should be deleted as this could have a demoralizing effect on the security forces/ police who were actually victims of stone throwing incidents.

3. Sub-section (2) of Section 3 deals with matters concerning salary and allowances of the chairperson of the CBFC and allowances or fees that members may receive for attending meetings. sub-section (3) of Section 3 empowers prescription of terms and conditions of service qua the members of the CBFC.

12.2 Section 4, makes a provision for moving an application, with the CBFC, by a person, who is desirous of exhibiting a film, for getting it sanctioned to enable public exhibition of the film. 12.3 As indicated in the provision, the application for this purpose has to be made in the prescribed form whereupon, the CBFC, is entitled to pass, broadly, any of the following orders: