Was Prabhakar Rao authorised to intercept messages?
Was former police officer T. Prabhakar Rao authorised or designated as an official authorised to order interception of messages, and if so who permitted him?
Answers to these two questions had become crucial in the ongoing investigation of the case of ‘developing profiles of unknown persons and monitoring them’ by some police officers from the premises of Special Intelligence Branch (SIB) in Hyderabad. With the confessional statements of the police officers arrested so far in the case suggesting that ‘whatever they had done was at the behest of Prabhakar Rao’, the investigators are trying to find answer to these pivotal questions.
While speculation is rife that this group of police officers used specially secured gadgets, equipment, tools and software to intercept to telephone calls and messages, the investigators are yet gather any incriminating evidence in this angle. However, they had stumbled upon data and information that phone messages and calls of some targeted persons had been intercepted misusing the power accorded for intercepting messages.
Section 5 of the Indian Telegraph Act1885 states that the Central or State governments or any officer authorised by either governments can intercept telephone messages on the grounds of public emergency or safety. As per Section 419A of the Indian Telegraph Rules, directions for interception of messages should not be issued except by an order made by the Secretary to the Government of India in the Ministry of Home Affairs in case of Centre and Secretary to State government incharge of Home department in case of State.
Under unavoidable circumstances, the State Home Secretary can authorise an officer not below the rank of an Inspector General of Police to carry out intercept of messages. Mr. Prabhakar Rao retired in June of 2020. He was IGP (SIB) at the time of superannuation. A few months after retirement, the then BRS government extended his services appointing him as Chief of Operations with SIB and additional charge of IGP (Intelligence) eventually in 2021, his services were extended for three more years.
As per the Telegraph Act and amended rules, an officer of the rank of IGP should be authorised by the Home Secretary for interception of messages. “The question is can a retired police officer, though of IGP rank, be authorised to intercept messages since the case of developing profiles of unknown persons and monitoring them happened mostly after 2021?” said a top police official of Intelligence department, seeking anonymity.
The officer, unwilling to be named, said the investigators are left with no other option but to ascertain who had authorised or designated Mr. Prabhakar Rao, post his retirement, for interception of messages. More skeletons are likely to tumble out, he said.