Accessing call record of Jaitely not breach of privilege

However, the Committee, whose report was tabled in RS, felt it is an issue of breach of right to privacy

The unauthorised obtaining of Call Data Records (CDR) of the then Leader of Opposition Arun Jaitley in 2013 is not a breach of privilege, the Privileges Committee of Rajya Sabha has held.

However, the Committee, whose report was tabled in Rajya Sabha today, felt it is an issue of breach of right to privacy which can be dealt under the laws of the land.

The Committee also did not believe that the previous UPA government had any hand in accessing the CDR of Jaitley, now the Finance Minister.

It said it was of the opinion that the act of accessing CDRs in an unauthorised manned, though sinister and punishable in the eyes of the law, "does not seem to cause any hindrance of obstruction in the functioning of a Member of Parliament so as to attract breach of his Parliamentary privileges.

"However, there is definitely a breach of right to privacy in such matters and for that remedies are available under the laws of land," said the report of 10-member Committee headed by Deputy Chairman P J Kurien.

The report mentioned that Jaitley's CDR had been accessed three times on previous occasions on the pretext of investigations in the death of Chadda brothers, busting of fake Indian currency racket and in a murder case of South Delhi.

Jaitely had contested the police claims and wrote to Bharti Airtel which had confirmed that no phone calls or SMSs were sent from the mobile number in question to the people concerned with the police investigations.

The fourth attempt, which was unauthorised, was done by a "delinquent" Delhi Police constable using the user name and password of a senior police official to get the CDR of Jaitley at the instance of a private detective Anurag Singh.

The matter was placed before the Privileges Committee on April 25, 2013 which was followed by hearings. In its last hearing in March this year, the Union Home Secretary said that robust mechanism had been placed and no one could misuse the system of tapping or getting CDRs without the prior permission of the superiors and that four persons had been arrested in this connection so far.

The report said the Committee observes that investigation into the matter so far could not establish the motive of the accused persons.

"At the same time, the Committee does not have reasons to disbelieve the then Home Minister, present and former Home Secretary and the Commissioner of Police, Delhi who had categorically denied the involvement of any government agency in the whole affair.