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Ex-Intelligence Bureau Chief T. Prabhakar Rao Seeks Anticipatory Bail, Calls Case Against Him 'Malicious Prosecution'

26 Apr 2025 11:49 AM - By Court Book

Ex-Intelligence Bureau Chief T. Prabhakar Rao Seeks Anticipatory Bail, Calls Case Against Him 'Malicious Prosecution'

Former Special Intelligence Bureau (SIB) Chief T. Prabhakar Rao has approached the Telangana High Court seeking anticipatory bail in connection with an alleged phone tapping case that reportedly took place during the previous BRS-led government. Arguing that the case is a result of “malicious prosecution”, Rao contended that there is no evidence linking him to any wrongdoing.

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During the hearing on April 25, his senior counsel submitted before Justice J. Sreenivas Rao that no notice had ever been issued to Rao for participation in the investigation. He further said,

"This is malicious prosecution. They don’t have anything concrete against him. The allegation that he ordered the interception or destruction of devices is baseless."

It was emphasized that the authority to permit or review phone interceptions lies with a legally mandated review committee, including the state’s Chief Secretary and Law Secretary. Rao’s counsel highlighted that none of these committee members had been examined.

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"They are prosecuting a senior IG-rank officer based only on the statements of constables and sub-inspectors. If any interception or data destruction happened illegally, the review committee should be held responsible."

He also pointed out that Rao resigned from his position on December 4, 2023, before the alleged destruction of sensitive data occurred. An in-charge officer was appointed later that day, and the destruction reportedly took place after 8:00 PM.

“They did not disclose that someone else had taken over. The narrative that Rao gave instructions to constables before leaving office is an afterthought.”

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According to Rao’s legal team, no sensitive information was destroyed unlawfully. The data essential for ongoing operations against terrorism and anti-social elements was preserved.

The defense also addressed the claim that judges' phones were tapped. They clarified that no such interceptions occurred and that only one judge’s Call Data Record (CDR) was accessed for legitimate intelligence purposes.

Rao’s lawyer further urged the court to consider his background, noting his past service, age, and health condition.

“He is a decorated officer, nearly 65 years old, battling cancer. There is no criminal intent. He served the country with integrity and was awarded multiple medals.”

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In response, senior advocate Siddharth Luthra, representing the State, strongly opposed the bail plea. He accused Rao of misusing his position and compared him to historical figures who turned rogue.

"There was a man named Major General Shabeg Singh—a celebrated soldier—who turned rogue. This is a similar case."

Luthra alleged that Rao misled the authorities about his health and travel records, failed to cooperate with the investigation, and manipulated documentation after learning of the inquiry.

“There has to be fairness. Here, the petitioner has abused the legal process—both while in office and after leaving it.”

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He also said the review committee was provided only limited information about the intercepted numbers, which often turned out to belong to political rivals or government functionaries.

“There are constitutional and legal thresholds for such surveillance. What’s worse is that the hard disk, which should’ve been preserved, was allegedly destroyed.”

After hearing both sides, the High Court listed the matter for further hearing on April 29.

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

Case no.: CRLP 4207/2025