New Delhi: In a significant development, the Supreme Court on Thursday directed the Central Government to facilitate the return of T Prabhakar Rao, an IPS officer in 1991 batch and former chief of the Special Intelligence Bureau of Telangana, who is currently in the United States and facing investigation in an alleged phone tapping case.
The top court also granted interim protection to the former IPS officer, who had been earlier declared a proclaimed offender, brushing aside stiff opposition from both the Centre and the Telangana government.
Centre, State Opposed Move, Citing Precedent
A bench comprising Justices B V Nagarathna and Satish Chandra Sharma heard the plea filed by Rao, who is seeking to return to India to face the probe on his terms. The Centre and the state government contended that the move could set a wrong legal precedent, arguing that an accused or a proclaimed offender should not dictate terms of return, and that law enforcement should be allowed to bring him back through due legal process.
Despite these arguments, the court prioritized due legal access and the individual’s right to appear before investigating agencies, stating that his cooperation must be facilitated, not obstructed.
SC Orders Travel Documents, Interim Protection
“Pending consideration of this special leave petition, we direct the petitioner to appear before the concerned Investigating Authority/Officer,” the bench stated.
The Chief Passport Officer and the Competent Authority have been directed to issue passport/travel documents solely for travel to India. Once issued, Rao has been given three days to appear before the investigating authority in India.
The court further directed that no coercive steps be taken against him until the next hearing, providing interim protection from arrest or detention.
Status Report and Affidavit Required
The Supreme Court also mandated the investigating officer to submit a status report detailing the progress of the investigation by the next date of hearing. Additionally, Rao has been asked to file an affidavit of undertaking within one week, promising to return to India and appear before the investigating authority within three days of receiving the travel documents.
Background of the Case
T Prabhakar Rao, a senior IPS officer, is being probed in connection with an alleged illegal phone tapping case in Telangana. He had reportedly left the country amid the investigation and was later declared a proclaimed offender.
The case has political and administrative ramifications, with suggestions of abuse of power and surveillance over political rivals during Rao’s tenure as the intelligence chief.
Next Steps
The matter is now expected to come up for further hearing in the coming weeks, during which the court will assess compliance with its directions and review the status of the investigation.
