New Delhi, May 29 The Supreme Court has ordered the Telangana Police to return the passport of former Special Intelligence Bureau (SIB) chief T. Prabhakar Rao, the key accused in the phone tapping case, so he can return to India.
The apex court also directed Prabhakar Rao, who is in the US, to give an affidavit of undertaking that, within 3 days of the receipt of the passport/travel document, he will return to India.
A bench of Justices B.V. Nagarathna and Satish Chandra Sharma passed the order on a petition by Prabhakar Rao, challenging the Telangana High Court order dismissing his petition for anticipatory bail.
The bench also barred police from taking any coercive step against Prabhakar Rao till further orders.
Appearing for Prabhakar Rao, senior advocate Dama Seshadri Naidu submitted that he is unable to return from the United States and has to apply for special permission to return to India. The court was told that he had gone to the US when the First Information Report (FIR) was registered against him.
The retired IPS officer was subsequently declared an absconder, and his passport was also revoked. Contending that Prabhakar Rao has been hounded by the present government in Telangana, the lawyer also brought to the court’s notice that a red-corner notice has been issued against him.
Prabhakar Rao’s counsel submitted to the bench that the authorities have cancelled his passport, and he has to apply for special permission to come back. He pleaded that his passport be returned so that he could return and join the investigation.
Solicitor General Tushar Mehta, who appeared for Telangana, opposed the plea and argued that no relief should be given to the petitioner. The court was also told that the Union government has sought his extradition.
The bench observed that the petitioner can’t come back to India unless his passport is returned.
Last week, the Nampally criminal court in Hyderabad issued proclamation orders against Prabhakar Rao for evading proceedings for over a year.
The court passed the order after being satisfied that Prabhakar Rao was deliberately avoiding the legal process. If he fails to appear within a month, the court may order the attachment of his assets.
Prabhakar Rao was heading the State Intelligence Bureau (SIB) when the Bharat Rashtra Samithi (BRS) was in power.
The former IPS officer has been declared an absconder by the Special Investigation Team (SIT) probing the case.
The phone-tapping allegations under the previous government of the BRS came to light in March this year with the arrest of Deputy Superintendent of Police Praneeth Rao following a complaint from his superior, ASP, DIB, D. Ramesh.
The police have so far named six accused in the case. Praneeth Rao, Additional SPs Thirupathanna and Bhujanga Rao, and former DCP P. Radha Kishan Rao were arrested in the case.
Then chief of SIB, Prabhakar Rao, had allegedly constituted a team within SIB with his trusted aides, including Praneeth Rao, for surveillance of rival political leaders, their families and dissidents within the ruling party, businessmen, journalists and even judges.
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