File photo: Former Telangana Special Intelligence Bureau (SIB) chief T Prabhakar Rao (R).
Credit: PTI Photo
New Delhi: The Supreme Court on Friday asked the Telangana government if it wanted to keep former state Special Intelligence Bureau (SIB) chief T Prabhakar Rao, an accused in aphone-tapping case, in jail till he broke down. Taking up an anticipatory bail application filed by Rao, a bench of Justices B V Nagarathna and R Mahadevan expressed inclination to make "absolute" its order of interim bail to the former IPS officer.
However, senior advocate Sidharth Luthra, appearing for Telangana, opposed it and said larger questions of law are involved. Luthra urged the court to consider questions of law raised by the state, including whether a person declared an absconder and residing overseas could have even applied for anticipatory bail.
"We have a feeling that you want him to be in jail till he breaks down. Now, we will not let you use our order (granting interim protection) beyond what it was meant for," the bench said.
The top court said anticipatory bail doesn't mean that it is free for him and the state police can still call him for interrogation.
The bench said it had ordered the surrender and custody of Rao on December 11 as an "interim Article 142" measure to help in the investigation.
The court said it will hear the matter on March 10 and extended the interim protection to Rao till then.