Phone-tapping case: Why can’t we make release of Rao ‘absolute’, Supreme Court asks Telangana

The Supreme Court of India on Friday (January 16, 206) voiced an intention to make “absolute” an interim bail allowed to former IPS officer T. Prabhakar Rao, a prime accused in the Telangana phone-tapping case, while asking the State if its real plan is to keep him in jail till he breaks down.

“He was in police custody for two weeks after his surrender. He has been cooperating with the investigation. Your interrogation of him is over… Your investigation is over. We will make the interim relief granted to him absolute,” Justice B.V. Nagarathna addressed senior advocate Siddharth Luthra, appearing for the State of Telangana.

When Mr. Luthra objected strongly, the judge said the Bench was nursing a “feeling that you [State] want him to be in jail till he breaks down”. “We are on the law, we are not after him,” Mr. Luthra responded.

Mr. Rao had approached the Supreme Court after the Telangana High Court had refused him anticipatory bail on May 3 last year. He had, in fact, left for the U.S. as early as in March 2024 after an FIR was registered that a group of police officers operating from the Special Intelligence Branch had illegally intercepted private communications and calls made by political leaders across the spectrum, bureaucrats and even the judiciary during the previous BRS regime in Telangana. The officers, headed by Mr. Rao, were accused of attempting to erase the electronic evidence of their doings.

On May 29, the Supreme Court granted him protection from arrest, provided he cooperated with the investigation. A series of apex court orders till December 11 extended the protection.

However, on December 11, the Supreme Court ordered Mr. Rao to surrender at the Jubilee Police Station the next day for custodial interrogation on a plea made by the investigating agency. On December 19, the Bench headed by Justice Nagarathna extended Mr. Rao’s police custody till December 25, 2025, but directed the police to release him the next day. The court had ordered that no coercive steps would be taken against the ex-IPS officer after his release on December 26.

On Friday (January 16, 2026), Mr. Luthra urged the court to consider questions of law raised by the State, including whether a person residing overseas could have even applied for anticipatory bail.

Justice Nagarathna cautioned the State that the court had ordered the surrender and custody of Mr. Rao on December 11 as an “interim Article 142” measure to help in the cause of the investigation.

“Now, we will not let you [State] use our order [December 11] beyond what it was meant for,” Justice Nagarathna addressed the government side.

Mr. Luthra urged the court to hear him out on the question of law and then decide. The court scheduled the case for a detailed hearing on March 10.