Phone Tapping Case: Telangana High Court Reserves Verdict On Quash Petition Filed By BRS MLA Harish Rao

The Telangana High Court has reserved its verdict on the petition filed by State's former Minister of Medical Health and Finance and current Bharat Rashtra Samithi (BRS) MLA T. Harish Rao, seeking quashment of FIR registered against him in connection with the alleged 'Phone Tapping' case.

In an order passed on 19th February, Justice K. Lakshman had restrained the investigating authorities from proceeding further in the matter till March 03, owing to submission made by Harish's counsel that individuals were being arrested and coerced into giving confessions against the Petitioners.

The bench is also seized with the quash petition filed by former DCP Radha Kishan Rao. His case is slated to be heard today.

The duo is booked under Sections 120B (criminal conspiracy), 386 (extortion), 409 (criminal breach of trust), 506 (criminal intimidation) read with Section 34 IPC and under Section 66 of the Information Technology Act.

The State had filed a vacate petition, challenging the stay of investigation. However, the Bench decided to hear the matter finally.

Senior counsel Siddharth Luthra appearing for the State argued that the interim order was garnered by the Petitioners in his absence, predominantly by suppressing material facts. It was contended that the FIR disclosed prima facie cognizable offences, requiring investigation to determine the truth.

It was Luthra's case that the Bench was only provided with half information regarding arrests and the consequent interim order hindered lower court proceedings, leading to release of accused on bail without considering police custody petitions. "You are coming for equitable relief, you must plead equity, you must behave honestly and equitably. Honestly to whom? The Court," he submitted.

It is alleged that Harish unauthorisedly used State machinery when BRS was in power, to spy on known political and bureaucratic adversaries by tapping their phones.

Highlighting the seriousness of the offence alleged, Luthra submitted, "There are communications that you have with your wife, child, your family on personal and emotional issues. Is that supposed to be in the domain because an officer thinks he can exercise extra legal and extra constitution powers?"

Senior Counsel Dama Seshidhar Naidu appearing for Harish submitted that only Call Details Record (CDR) of judges and politicians under alleged surveillance were found from the devices recovered during the investigation. He contended that CDR is general information and it couldn't be said that phones were being tapped, just because of this discovery.

Luthra however relied on Harish's statement under Section 164 CrPC, conceding that the sim cards used to threaten the affected persons under surveillance, were purchased using his ID.

Naidu had further argued that the narrative set by the de facto complainant, real estate businessman and Congress leader G. Chakradhar Goud, himself facing criminal charges, was full of contradictions and not believable.

Goud's counsel however objected to this, claiming that all the cases against him were either settled in the Lok Adalat or he was acquitted after a full trial.

After hearing the arguments at length, the Bench reserved the petition for orders. Interim protection has been extended till then.

Case title: T Harish Rao v. State of TS

Counsel for petitioner: Pale Nageshwar Rao, PP. Sidharth Luthra, senior counsel.

Counsel for respondent: Dama Seshadhri Naidu, senior counsel