Harish gets relief as HC passes ‘not to arrest’ order in telephone tapping case

Telangana High Court grants relief to T. Harish Rao in telephone tapping case, allowing investigation but no arrest.

Former Minister and Siddipet MLA T. Harish Rao of Bharath Rashtra Samithi (BRS) got relief in the telephone tapping case registered by Punjagutta police of Hyderabad, with the Telangana High Court directing the investigators not to arrest him. 

Justice K. Lakshman of the HC, however, said the police can go ahead with the investigation into the case in which Sections 120-B (criminal conspiracy), 386, 409 and 506 read with Section 34 of IPC and Section 66 of IT Act were invoked. This criminal case of telephone tapping is different from the earlier telephone tapping case registered by the same Punjagutta police in which four police officers were arrested while one was accused of fleeing to the USA. 

The fresh case was registered following a complaint lodged by one G. Chakradhar Goud alleging that his mobile phone conversation was eavesdropped by the police at the instance of T. Harish Rao, the then Minister in BRS government. Sidharth Luthra, senior counsel of Supreme Court who was engaged by the State government, informed the bench that the petitioner lodged his first complaint with the Hyderabad Police Commissioner on November 23 alleging that his mobile phones and those of his family members were tapped during the previous BRS government. 

Later, he filed his second complaint with Punjagutta police on December 1. The senior counsel contended that eavesdropping the phone conversation of a person was a serious offence under Telegraph Act. Such serious charges involving privacy of a citizen, a fundamental right, need to be thoroughly investigated into. He told the bench that Apple Inc. company, through an e-mail, informed that his phone was being tapped. 

Former Additional Advocate General J. Ramchander Rao, appearing for T. Harish Rao, contended that the petitioner had been levelling allegations against the former Minister since 2021. He had even filed a civil petition against the former Minister in the HC and had eventually withdrawn it. Sidharth Luthra contended that the complainant’s plea in HC was an election petition and he had every right to challenge an election. 

Mr. Rao argued the petitioner had made a representation to the DGP in June of 2024 with similar content but the DGP did not initiate any action since the content did not attract any points of commission of cognizable crime. Having filed civil complaints about telephone tapping for past three years, suddenly the complainant made a U-turn alleging that telephone tapping constituted a criminal case. 

Justice K. Lakshman recalled that he had recently granted protection to a petitioner in the matter related to a case of atrocities against SCs and STs but ordered for continuation of investigation. The matter went up to the Supreme Court and was pending for adjudication.