Phone Tapping Case: SC Extends Custody of Ex- Intelligence Chief Prabhakar Rao; Bars Coercive Action Till Jan 16

The Bench of Justices B V Nagarathna and R Mahadevan ordered that Rao be released from custody after interrogation on December 26.

The matter has been listed for further hearing on January 16, 2026.

During the hearing, Solicitor General Tushar Mehta, along with Senior Advocate Siddharth Luthra appearing for the Telangana government, submitted that although Rao had surrendered pursuant to the Court’s earlier directions, he was not cooperating with the ongoing investigation. The SG placed a status report before the Court and sought extension of police custody by a week.

Mehta alleged that Rao had carried out illegal surveillance on targeted individuals under the guise of tracking Marxist elements. He also pointed out that the former intelligence chief was yet to fully comply with earlier court directions, including providing access to certain digital accounts.

Senior Advocate Ranjeet Kumar, appearing for Rao, strongly contested the allegations and claimed that his client was being harassed in the name of interrogation. Kumar submitted that Rao was being questioned continuously from 10 am to 10 pm, despite his cooperation with the investigating agency.

The Bench, while granting limited extension of custody, balanced the competing submissions by directing that Rao be released after December 25 and protected from any coercive steps until the next hearing.

Rao had surrendered before the investigating officer at the Jubilee Hills police station in Hyderabad on December 12 at around 11 am, in compliance with the Supreme Court’s directions. His surrender followed prolonged proceedings before the Apex Court, where he had sought protection in the case.

Earlier, the Telangana government had alleged that Rao was still withholding access to his iCloud accounts despite specific court orders, a claim that has formed part of the prosecution’s case regarding alleged destruction and concealment of evidence.

The development marks a departure from the Court’s earlier stance in October, when it had extended Rao’s interim protection and taken exception to reports of external interference during his interrogation.

At that stage, the Bench, while extending protection, had also directed Rao to reset and furnish the password to his iCloud account in the presence of forensic experts, coming down sharply on alleged irregularities in investigation and obstruction in gathering digital evidence. The Bench had admonished parties that judicial processes should not turn into a spectacle, especially over allegations of politicians and legislators being present during interrogations.

The earlier hearing also followed a disclosure by the Solicitor General that crucial forensic material had been unearthed from digital platforms related to the case, prompting the Court to adjourn to allow the State government to place the newly found evidence on record. This forensic evidence, which reportedly contains critical data points on the alleged illegal surveillance and interception apparatus, forms the fulcrum of the prosecution’s argument against Rao and others involved in the operation.

Controversy at the heart of the case dates back to mid-2024, when the Telangana High Court suo motu took cognizance of widespread allegations that during the tenure of the Bharat Rashtra Samithi (BRS) government, the Special Intelligence Bureau (SIB) under Rao had conducted large-scale phone tapping of political rivals, journalists, dissidents and even high court judges, in what was described as a grave breach of privacy and a matter of national security.

The phone-tapping case pertains to allegations of large-scale illegal surveillance during the previous BRS regime. A suspended Deputy Superintendent of Police of the SIB was among four police officials arrested by the Hyderabad Police since March 2024 for allegedly erasing intelligence data from electronic devices and carrying out unauthorised phone-tapping. All four were subsequently granted bail.

Case Title: T. Prabhakar Rao v. The State of Telangana

Bench: Justice B.V. Nagarathna and Justice R. Mahadevan

Date of Hearing: December 19, 2025