Phone Tapping Case: Court Issues Arrest Warrants Against T Prabhakar Rao, One Other
Hyderabad: In a significant development in the phone-tapping case, the city Metropolitan Magistrate Court issued arrest warrants against former SIB chief and prime accused T. Prabhakar Rao and Shravan Kumar, senior executive of a regional media channel, here on Friday.
Both of them went abroad even before the FIR into the scam was registered. The warrants will facilitate the police to issue red corner notices for the two accused.
Judge V. Eshwaraiah of the 12th Additional Chief Metropolitan Magistrate Court accepted the two petitions filed by the Panjagutta police on April 29 seeking the court to issue arrest warrants against the two accused and enable the police to proceed with the red corner notices against the two in order to have them extradited.
Responding to the police petitions, counsels for Prabhakar Rao and Shravan Kumar filed memos stating that their clients had not fled but had gone abroad for personal reasons. Prabhakar Rao submitted to the court that his June 26 return ticket had been confirmed.
After hearing contentions of both sides, the Nampally court had reserved the orders two days ago and on Friday pronounced the orders accepting the police’s request and issued non-bailable warrants against the two accused.
Judge Eshwaraiah observed that the accused were evading arrest by fleeing from the country. Mere presence and representation of counsel is not sufficient to complete investigation, he observed adding that their physical presence was required. When the accused failed to cooperate with the investigation, the competent court can pass an order to arrest the accused.
In view of settled preposition of laws and the dictum relied by the prosecution in a case between the state through ‘CBI vs Dawood Ibrahim Kaskar and others,’ the court said it had hesitation in issuing the NBWs against the accused under Section 73 of CrPC. However, no prejudice would be caused to the accused as these warrants are for appearance of the accused before this court but not before the investigating officer for investigation.
Based on the circumstances of the case and considering the submissions made by both sides and also to facilitate the investigation agency for compliance of red corner notice and to meet ends of justice, this court is of opinion that there are justifiable grounds to allow the petition, Judge Eshwariah noted.
