NEW DELHI, June 1: In his draft reply to the privilege notice issued by Parliament on the Bofors case, the Central Bureau of Investigation (CBI) Director Joginder Singh is understood to have written that the CBI is required to submit its report only to a court of law and not to Parliament.Sources say that Joginder Singh has quoted Section 173 (2) of the CrPC and has stated that any attempt on his part to present reports in Parliament will amount to contempt of court. Section 173 which deals with the report of a police officer on completion of investigation, states that as soon as the report is completed, the officer in charge should send it to a magistrate empowered to take cognizance of the offence on a police report. The reply, which is still in the draft stage, would also raise the issue of reports in other cases never being laid before the Parliament. It is reliably learnt that the director has also said that if the reports are to be laid before Parliament, then ``perhaps the first report that should be placed is that of the telecom scam as it involves a sitting member of Parliament.''Apart from making a legal case against the privilege, sources say the reply also denies any ``leakage'' by the Central Agency as ``the report by then had already been submitted to the government.''Parliamentary experts agree with the Central agency on the issue of privilege notice. Former Lok Sabha secretary general S C Kashyap says: ``No question of privilege is involved. Even if the budget papers are leaked, at best it would be impropriety and not a breach. The notice is sent routinely to the person against whom the breach has been alleged.''Adds noted criminal lawyer P N Lekhi: ``In the case of an executive matter of police investigation, Parliament has nothing to do. Under 173 (2), an investigation report which is also called a challan in common parlance, cannot be made at the will of Parliament. No right of Parliament has been transgressed in this case.''Priya Ranjan Dasmunshi, the Congress Member of Parliament who moved the notice against Singh, reserved his response till the time the reply is sent to him but added that his stand has been vindicated by the recent statement of the Prime Minister criticising such leakages.
