Supreme Court Examines Alleged Destruction of Digital Evidence by Former Telangana Intelligence Officer

The Supreme Court of India is hearing an interlocutory application filed by the State of Telangana seeking to vacate the interim protection from arrest granted to former Telangana intelligence officer T. Prabhakar Rao, the prime accused in the Telangana phone tapping scandal.

Allegations of Data Wiping Amidst Interim Protection

During proceedings before a bench of Justices B.V. Nagarathna and R. Mahadevan Sharma, Solicitor General Tushar Mehta submitted that Rao had wiped data from multiple devices, including three iPhones and an official MacBook Pro laptop, while enjoying interim protection from arrest granted on May 29, 2025.

A Forensic Science Laboratory (FSL) report dated August 29, 2025, revealed that the devices were factory reset on three occasions:

• April 5, 2025, while Rao’s anticipatory bail petition was pending before the Telangana High Court;

• June 10, 2025, during pendency of his petition in the Supreme Court; and

• July 15, 2025, after the Supreme Court’s interim protection order.

These acts allegedly amount to destruction of crucial digital evidence in a case involving illegal tapping of phones of politicians and sitting High Court judges during the Bharat Rashtra Samithi (BRS) government’s tenure.

Background of the Case and Rao’s Role

Mehta emphasized that Rao, who served as Chief of Operations in the Special Intelligence Bureau (SIB) after retirement, reportedly justified the surveillance on grounds of left-wing extremism, but in reality intercepted phones of journalists, judges, and politicians.

He further noted that Rao had fled the country at the start of the investigation and returned only after the Supreme Court permitted his return and granted protection from arrest.

Defense Denies Allegations

Rao’s counsel strongly denied the charges of data destruction, stating: “I have not destroyed anything. It is a complete lie. My whole interrogation was recorded by them.”

The defense also alleged that MLAs and MPs from the current regime were called and made to confirm Rao as the person who tapped their phones, highlighting alleged animosity in the investigation process. Rao’s counsel requested two weeks to file a detailed response.

Investigation Hindered by Non-Cooperation

Senior Advocate Sidharth Luthra, representing the State, argued that the probe had been stymied due to non-cooperation and factory resetting of devices, including a government laptop that Rao kept overseas and produced only after returning.

Luthra also pointed out Rao’s refusal to provide device passwords, which severely hampered the investigation, and questioned who accessed the devices when they were wiped.

The Supreme Court has granted Rao time to file objections to the State’s application seeking to vacate his interim protection. The matter is scheduled for further hearing on October 8, 2025.

The Court also directed that the petitioner serve a counter affidavit to the State well in advance. The case originates from a Public Interest Litigation (PIL) before the Telangana High Court that ordered the investigation. Rao challenged the High Court’s refusal to grant him anticipatory bail, while the Telangana Government opposes his bail plea, asserting he is an absconder.

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