The breach of privilege notice moved against Prime Minister Manmohan Singh by former External Affairs Minister Natwar Singh and some others in the Rajya Sabha today is most likely to be rejected by chairman Bhairon Singh Shekhawat.

Officials are citing precedents to argue that publication of the Pathak report prior to its tabling in Parliament “amounts to showing discourtesy to the House” and is “improper” but “not a breach of privilege”.

The Pathak report was tabled in Parliament today even as the Opposition created a ruckus and forced several adjournment, demanding that the PM apologise for the “leak”.

Dipping into Practices & Procedures of Parliament of Kaul & Shakhder, officials said that publication of the report is “technically not a breach of privilege or contempt of court”.

While Rule 187 of Procedure and Conduct of Business of the Rajya Sabha states that the chairman’s consent is required to raise the question of breach of privilege, the chapter on ‘Cases amounting to a Breach of Privilege or Contempt of House’ states “if documents intended for members are circulated to the Press and non-members first, it is not a breach of Privilege” as enumerated in Article 105. However, the RS chairman or the presiding officer can “deprecate” the government, forcing it to take note of the leak—in this case by ordering a probe and taking action against those responsible.

Incidentally, Lok Sabha Speaker Somnath Chatterjee has already “deprecated” the government by “condemning” the release of the report’s content in the media before its tabling in Parliament.

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