Misleading replies of Censor Board of Film Certification to my RTI in the context of #Haider

November 06, 2014

Well before the controversial crap called #Haider of #VishalBhardwaj was released, I had shot him an open letter on this thread that he never took cognizance of or bothered to respond.

I did file couple of RTI applications against the Censor Board of Film Certification to ascertain as to how was the film given a UA Certificate with parental discretion.  Reportedly, CBFC granted the Certificate to #Haider ( some say with 41 cuts and some say with 35 ) without making public as to what these cuts were.  It had hurt the national sentiment as also of the Community specific for picturising the #Bismil song at Martand Sun Temple in #Kashmir.

On 6th October, 2014, I filed my first RTI against the Censor Board of Film Certification through the Ministry of Information and Broadcasting and my questions to it were as under -

The information is requested with regard to the controversial film Haider produced by Vishal Bhardwaj under UTV banner. 

• I would like to know if Haider was one of the last few films or the last film that Shri Rakesh Kumar, the former CEO of the Central Board of Film Certification cleared for Certification with parental discretion. 

Written response from the Censor Board (CBFC )- "Yes, it was one of the last few films"

( Letter No. RTI/IV/2014 dated 20th October, 2014 signed by Shri Sanjay Jaiswal, Sr.Administrative Officer ) received by me yesterday, the 5th November, 2014.  Interestingly, CBFC has posted this letter through Speed Post on 30th November, 2014 from its Mumbai office and I do not understand why an RTI matter, that is accorded the highest priority for the disposal because of its defined TAT, was handled so callously and the letter kept on hold from 20th to 30th November, 2014.  CBFC owes an explanation to this and the 1st Appellate Authority & CEO of CBFC Shri Shravan Kumar will have to answer this. 

Surprisingly, date of disposal of this RTI case is shown as 10th October, 2014 on the website. 

• If the film Haider was cleared during the CEO tenureship of Rakesh Kumar who has allegedly been arrested on the charges of bribery, whether the Certificates issued to the films by him are being reviewed by a neutral Board ( other than CBFC ) and being suspended / cancelled including Haider. 

Written response from the CBFC - "No such review is being taken". 

( Letter No. RTI/IV/2014 dated 20th October, 2014 signed by Shri Sanjay Jaiswal, Sr.Administrative Officer ).  If no such review is being taken as per CBFC, does that mean one of the Senior Board Members of Censor Board Prof Nandini Sardesai has made a wrong statement and misled the Media or is it that the Censor Board is providing the misleading information to the RTI applicants ? Here is what Prof Sardesai is reported to have stated to the Times of India 

"However, Nandini Sardesai, senior board member who chairs the revising committee, asserted that the film never came to them."Kumar saw Haider twice and passed it with a UA certificate.Vishal has apparently agreed to the cuts. But, I don't understand why the revising committee was not approached. That man (read Kumar) was flouting rules," 

• Would like to have a copy of the Agenda Note & the minutes of the CBFC Board meeting wherein Haider was discussed / reviewed and granted the certificate. 

Written response from the CBFC - "As the matter is with CBI, information cannot be provided". 

( Letter No. RTI/IV/2014 dated 20th October, 2014 signed by Shri Sanjay Jaiswal, Sr.Administrative Officer )

Section 8(1)(h) of the RTI Act for the purpose of "Investigation" does have the provision of denial of information ( only till the investigations are on ) but has to be provided as soon as the Investigation is over and should have been replied accordingly rather than hurrying to dispose the case. 

Section 8(1) of the RTI Act envisages denial of information for (a) National security (b) contempt of court (c) Parliamentary privilege (d) trade secrecy (e) fiduciary relationship (f) Foreign government (g) safety of informer in law enforcement (h) investigation (i) cabinet papers (j) privacy 

I will be filing my first appeal with the Appellate Authority today raising these questions and seeking his response with the hope that correct information is provided to me.  I will keep sharing it with my fellow citizens and followers for their awareness and to help curb such manipulations and alleged corruption even in the Censor Board of Film Certification evident from its reply that CBI are investigating the corruption charges of its suspended CEO Rakesh Kumar.

Meanwhile, a PIL against CBFC, Vishal Bhardwaj and the cast of the film was admitted by the Allahabad High Court and issued directions to CBFC as well as Vishal Bhardwaj & Co to file their responses within 30 days.  Am following the progress made.