Thread by @LiveLawIndia

Telangana Phone Tapping case | #SupremeCourt hears prime accused ex intelligence chief T Prabhakar Rao's anticipatory bail plea.

Bench: Justice BV Nagarathna and Justice R Mahadevan.

The state has filed an IA seeking to vacate interim protection from arrest granted to Rao. Last month, the state told the Court that Rao destroyed electronic evidence while enjoying the interim protection. livelaw.in/top-stories/te…

J Nagarathna: What has happened to the investigation?

SG Tushar Mehta: Not progressing because of non cooperation. And I will present some facts that will shock the court.

Senior Advocate DS Naidu for Rao: They have filed an IA for vacating interim relief. We have filed a reply. Everything has been given to them except for password to my personal iCloud account. They have the devices.

SG: After formatting them.

Naidu: 11 times I was summoned 18 hours I was interrogated. All the that is was video recorded. So whether I have cooperated or not can be decided based on that. I have forgotten the account iCloud password. It is very old account. I will reset the password in the presence of there forensic experts

Naidu: I am not taking shelter under right to privacy etc since my lords have given me interim protection.

J Nagarathna: You deleted the devices.

Naidu: it is a protocol due to sensitive information. I did not delete, the department computer experts deleted

Naidu: I am not the only one in the department. If only I deleted then the information in the department should be there but it will not be. It is a norm that is practised in any security department

Naidu: I am cooperating and I have earned the liberty that has in granted to me by my lords. I have not deleted anything on my own.

J Nagarathna: how many systems you have?

Naidu points to the reply filed by Rao

J Mahadevan: as on date you are the only person who has the password to the iCloud. You can access it from anywhere. What is the guarantee that you have not deleted anything from it as of now?

Naidu: the computer experts can check that. All the logs of my accessing or my deleting or adding will be there available. It cannot be erased. Electronic footprints will be there. I have not erased as far as my cloud is concerned. Any expert can vouch for that.

J Nagarathna: what if it is revealed that the data has been tampered with?

Naidu: then I am in your lordships' hands. I am cooperating. Official devices have been given. Only this my personal account is there. There is nothing official in that still they suspect.

J Nagarathna: why haven't you given it till now?

Naidu: I am willing to give. Everything has been recorded. They brought outsiders, politicians etc showed them that this is the man who was tapped your phone and now you interrogate him. Outsiders have interrogated me.

J Mahadevan: the allegation is that you have replaced certain data that is essential for the investigation.

Naidu: I have never done that.

J Mahadevan: but the fact is that 37 hard discs were removed. That is on record.

Naidu: I have not done that. I am not even technically qualified to do that

J Nagarathna: the state is investigating. It is your duty to cooperate. You cannot say that some person is investigating me etc..

Naidu: I am saying that outsiders have come in and interrogated me. Present MPs and MLAs questioned me.

J Nagarathna: It cannot be a Tamasha! How can MPs and MLAs come in an interrogate?

J Nagarathna: they cannot be spectators or they cannot be part of the investigation. Only the investigative agency.

SG: I agree.

J Mahadevan: he saying that they have interrogated him.

SG: No no, I will file an affidavit.

Naidu: It is all video recorded!

SG: it is between the accused and the investigating agency. Except when a confrontation is necessary

J Nagarathna: at whose instance this was done and at whose instance the investigation is being carried out are different players. If they had been the same players then they would not be an investigation at all.

SG: there is nothing political

SG: He was intercepting phones of important people, not just politicians. After filing of anticipatory bail application he formatted the device. It is as good as a new device. It is not my surmise. The CFSL says that.

SG: it is our case that he has a backup because he purchased 15 hard discs. But he says he doesn't have anything

SG: He is not cooperating because of the protective umbrella of this court's interim protection

Naidu: The CM has said that I will be put behind bars. It is their dream.

SG: No no my lords

Order: As and when the petitioner is summoned, he shall take steps to reset an activate the password in the presence of forensic experts as submitted by the learned counsel for the petitioner. We are inclined to grant the second prayer sought by the state in the IA. We deem it Just and proper to extend the protection granted to the petitioner until the next date of hearing.

Second prayer sought by the state: direction maybe issue to the petitioner to furnish the true and correct ID password for iCloud/cloud backups digital devices submitted by him to the investigative agency, furnish the devices/drive details of the backup of such devices that was taken prior to formatting the submitted digital devices and information sought in the notice dated 3.9.2025 in the FIR.