SC Lets Prabhakar Rao Get Back Passport, Orders No Coercive Actions till Aug 5

 Hyderabad: In a temporary relief to former SIB chief T. Prabhakar Rao, the prime accused in the phone tapping case, the Supreme Court on Thursday directed the Telangana police against taking any coercive steps against him till August 5. The court also directed the former SIB chief to appear before the investigating officer, who is within three days of receipt of passport and travel to India.

A two-judge bench, comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma, also directed the chief passport officer or competent authority to make available his passport, which was impounded by authorities, to enable him to appear before the investigation authority.

The bench also directed the investigation team to examine or investigate Prabhakar Rao in accordance with law and the investigating officer must submit a status report of the investigation with the Supreme Court by the next date of hearing, i.e August 5 and till then no coercive steps shall not be taken against him.

The court also directed Prabhakar Rao to file an affidavit within a week from Thursday before the Supreme Court stating that he would return to India within three days from the date of receipt of the passport or travel documents, and appear before the investigating officer. The bench cautioned him against taking undue advantage of the court orders on returning of the passport.

The bench issued these orders while hearing an anticipatory bail petition filed by Prabhakar Rao in the Supreme Court, after the Telangana High Court rejected to grant him an interim protection from arrest.

The bench remarked that it is required to balance the interests of the parties by observing that "on one hand, you impound his passport, and on the other hand, you say he is a proclaimed offender and he has not come back."

Senior Advocate Dama Seshadri Naidu, appearing for Prabhakar Rao, submitted that the state government and investigating authorities are harassing his client, without giving any chance to him to submit his explanation. “After registering the FIR, the state declared him absconder and immediately, a red-corner notice was issued against him,” he explained.

He also furnished the earlier comments of the present chief minister while in opposition, who had said " look, we will hound you!" .

Solicitor General Tushar Mehta, appearing for the state of Telangana, objected to the anticipatory bail and argued that the law does not allow an absconder to get the relief of anticipatory bail. Senior advocate Siddharth Luthra and Palle Nageshwar Rao, PP of Telangana appearing for the investigation team argued that no interim protection should be given to Prabhakar Rao and submitted that the proclaimed offender process was going on and he has to appear before the trial court before June 20. If he won’t come, an extradition process will be initiated.

Reacting to it, Justice Nagarathna observed, “If he does not want to come… you can proceed for extradition. But, here, he wants to come back and appear before the investigation team and seek anticipatory bail.”

The Solicitor General, however, objected to it and said that Prabhakar Rao left the country after the registration of FIR and now making his return to India conditional on being granted the anticipatory bail. “As a nation, we don't bow down to such a technique… we will take further steps, if he wants to avoid the investigation by staying abroad,” he submitted.

However, Justice Nagarathna said, “Let him come, we will keep the matter pending and the petitioner will not leave the shores of India.”