'Mastermind' Behind Phone Tapping Case: State Opposes Ex-Special Intelligence Bureau Chief's Anticipatory Bail Plea In Telangana HC

Opposing anticipatory bail plea of former Special Intelligence Bureau Chief T Prabhakar Rao in an alleged case of phone tapping of politicians and high court judges in the previous government led by BRS, Telangana police told the High Court on Tuesday that Rao was the mastermind behind the alleged illegal surveillance.

During the hearing senior advocate Sidharth Luthra appearing for the State submitted before Justice J Sreenivas Rao, "This man is the mastermind. He is the man who is the head of the agency who carries this out. Absolutely illegal. Appointed as Chief of Bureau Operations when he was healthy hale and hearty, constituted to curb left wing extremism. After his retirement he is appointed as a designated authority for purpose of issuing emergent orders. He is constitutes a special operations team (SOT) which is working...it is carrying out surveillance on people from all limbs of government. Whether be it political leaders, journalists, functionaries of every institution. Collection of personal data, interception of phone calls, monitoring location. None of this has anything to curbing leftwing extremism. Leaders of mainstream political parties cannot be roped in". 

"The SOT was constituted without any official record by petitioner. SOT carried out illegal surveillance. Declaration of legislative assembly election results happened on December 4, 2023. New government does not take oath till December 7. So what does he do; he resigns. We have statements of witnesses to say that destruction as per SOP of records had to be done in January and July. He immediately calls for a meeting which he is heading and decides that all of these records needs to be destroyed, and representation made to review committee was made by him. Review committee does not look at every FIR or chargesheet it looks for procedural compliance. No where it says you have to destroy hard disk. 62 hard disk were destroyed containing data which is valuable information for security of state. He gets it destroyed cutting them into pieces discarding them in the river. Mobiles formatted, CCTV turned off. The witnesses here are people who have worked along with him his subordinates. They say 'we acted on his behest'. Once they made the statements can he say he has no liability. These are government properties, you cant play with them. We have reconciliation data, 164 statement, recoveries and confessional statements," Luthra added. 

Meanwhile pointing to the timeline when Rao left the country Luthra said, "He had travel on May 7 this we get to know from his son. He prepones his ticket claims that he will be back by June 26, we are now going to be in the month of June 2025 there is no sign of this gentleman. No sign no knowledge no disclosure of why he cant come. He placed on some medical record of July 2024". 

Luthra referred to a memo filed in the matter on May 7 2024 and said, "Man has a US mobile number where is his Indian mobile number we don't know. He files a memo claiming he is available on his mobile for any investigation until he can travel. He says he is presently residing in the US...What address whose nothing is disclosed".

Arguing that the former officer was evading appearance despite non bailable warrants he said,"Please see how he is evading appearance...Along with bail application he places on record additional documents please see order is showing a non-bailable warrant...Kindly note May 10, 2024 non bailable warrant. You have never appeared in trial court never appeared before IO...Please see how collusive this man...Court has issued non bailable warrant, no compliance. Interpol has issued a red corner notice for this man. There is an extradition request...Has he taken any steps to get passport revocation process cancelled? No. I ask myself what kind of person are we dealing with. Passport revoked. Cognizance taken on July 12, 2024. Not entered appearance or submitted to jurisdiction of court in India. And this person says 'Im above the law I want to be given anticipatory bail'. I submit that this unfortunately a mockery being made of the system". 

On why CrPC Section 41A notice was not issued to the petitioner Luthra said, "We needed to find out where he was because he was not responding. Much was said that we sent 91 notice to his son. How do I find you? I cant find you so I have to extradite you. Much was said about the 41A notice not issued.  I cannot send him 41A by fax or by email. Reason is Supreme Court in Satender Kumar Antil, the law has been settled that you cannot issue 41A notice by fax or by email it has to be given by hand. But I cant give it to you by hand because you are sitting in the US. So how do I do it, through extradition. Which I have started process has started which is pending. That is why I issued notice under 91 CrPC to his son, and petitioner is very aggrieved about that". 

Luthra said that today when the petitioner says that he will come back and seeks protection, it is nothing but a mockery of the system. Emphasizing on this he said that from January to March 2024 no documents were shown on the contention that Rao had to urgently leave for the US for his treatment after receiving advice. 

"Where is this advice? He has not provided any such advice. We dont have any such advice," Luthra said. 

He further submitted that petitioner had adduced certificates from 2004, on his treatment in 2004. "He was fit enough to do his job in the government for many years. Any officer who is unfit will be booted out if you are not medically fit. But he was doing his work. This is all 2004, 2005 and 2008, nothing beyond that. There is no medical record. From December 2023 when he decided to resign till March 11 2024, when he flees the country, no medical record. Medical record comes in March 2024". 

On the petitioner's conduct Luthra said, "Please see the conduct of this man. On affidavit he is making false statement of recurrence of cancer, saying that he is unwell. Whereas certificate speaks to the contrary. Please see the finding...'no problems in lymph node'. This gentleman is seeking to take judicial system on a ride. All his tests are fine. There are various reports. CT chest–clear, so and so forth. He is hale and hearty man he does not want to come back to India. His disease is 'anticipatorybailitus'. He does not want to join the investigation, proceedings thats all". 

While concluding his arguments Luthra said that there many people who were put to surveillance including "persons who are now political rivals".

"This is not a case where there is any apprehension of arrest, this gentleman has made mockery of the law. He has not cooperated, is sitting in the US and he has the cheek to tell this Hon'ble court that 'I'm willing to come back, give me a passport'. Does not say that his passport is revoked. Does not say that he is challenging the revocation. He wants to come back under orders of this court which I would say would be eventually, the court's perogative, but it should not be done in a case of this nature. Not for a person who has abused every authority vested in him as a public official," Luthra said. 

The matter is now listed on Wednesday. 

Case title: T. Prabhakar Rao v/s State of Telangana

Case no.: CRLP 4207/2025