Harish finds fault with SIT chief’s ‘revelations’ in phone-tapping case

BRSLP Deputy Floor Leader Harish Rao on Monday strongly objected to the manner in which Special Investigation Team Chief Sajjanar publicly referred to the phone tapping issue as illegal before the matter was examined by a competent court. Rao stated such remarks are legally unsustainable and deeply disturbing, especially from the head of an investigating agency. In a constitutional democracy, it is a settled principle that no allegation can be treated as an offence until a court records a finding. This principle flows directly from Article 21 and the doctrine of presumption of innocence.

The BRS leader pointed out that the role of the police is strictly limited to investigation. Officers are not adjudicators and have no authority to declare any act illegal at the enquiry stage. Rao explained that whether any interception was illegal depends entirely on compliance with Section 5(2) of the Indian Telegraph Act, the Information Technology Act, and safeguards laid down by the Supreme Court in the PUCL case. Any deviation can be determined only through judicial scrutiny, not via official police communications.

By using the expression illegal phone tapping in an official message, the SIT Chief has displayed a preconceived notion about the investigation outcome. Rao said this conduct is unbecoming of a senior IPS officer and runs contrary to the standards of neutrality mandated under the All India Services Conduct Rules 1968. He warned that such premature conclusions in a politically sensitive matter involving a former Chief Minister and the Leader of the Opposition create a reasonable apprehension of bias.

Harish Rao recalled that the Supreme Court has consistently held that investigations must not only be fair but must also appear to be fair. When the head of an SIT uses language that assumes guilt before trial, it weakens democratic institutions and erodes faith in the rule of law. Judgments must be delivered by courts, not through police messages, as democracy cannot survive if institutions abandon constitutional limits. Rao also questioned why the SIT chief does not formally recognise K Chandrashekhar Rao as the Leader of the Opposition in his official capacity. He asserted that the current approach suggests a political motivation rather than a genuine search for the truth, further damaging the credibility of the entire investigative process during this critical period for the state.