Hyderabad: A vacation bench of the Supreme Court of India, comprising Justices BV Nagarathna and Satish Chandra Sharma, on Thursday directed the central government and passport authorities to restore the passport of T Prabhakar Rao, former chief of the Special Intelligence Bureau (SIB) of Telangana, or issue him a travel document.
The order is aimed at enabling Rao, currently in the United States, to return to India and appear before investigators in the ongoing phone tapping case within three days of receiving the Supreme Court’s directive.
The bench’s decision came despite strong opposition from the state of Telangana, represented by Solicitor General Tushar Mehta, and the investigation officer, represented by senior counsel Sidharth Luthra.
The state argued that Rao had purposefully fled the country after becoming aware of the registration of the crime by Hyderabad police and should be extradited lawfully.
The court was also informed that Rao has been declared a proclaimed offender who is evading the law and, as such, should not be granted reliefs like anticipatory bail or protection from arrest.
Senior counsel Seshadri Naidu, appearing for Rao, countered that his client has been unable to return due to his passport being impounded for a year.
He urged the court to allow Rao to join the investigation in Hyderabad, highlighting the practical difficulties in returning without valid travel documents.
The bench acknowledged that Rao could not return unless his passport was restored and emphasised that the three-day timeframe is intended solely for his return to India for the investigation, not to confer any additional relief.
The Supreme Court made it clear that no coercive action will be taken against Rao until the next hearing, scheduled for August 5.
Rao is required to file an affidavit of undertaking, pledging to return to India within three days of receiving his passport or travel document and to appear before the investigating officer.
The court noted that a prolonged extradition process would be unnecessary if the accused were willing to return voluntarily.
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