HYDERABAD: BRS working president KT Rama Rao is reportedly planning to consult his legal team before taking a decision on whether or not to hand over his mobile phones and laptop to the ACB in connection with the ongoing inquiry into the alleged irregularities in the conduct of the Formula E race.
According to initial legal opinion received by Rama Rao, the ongoing inquiry pertains to a sporting event organised under the decision of the state government. Once approved by the government, its execution was entirely carried out by the official machinery. Rama Rao’s role was limited to policy decision-making and he did not have any personal involvement beyond that.
The legal team clarified that the Formula E case pertains to official government dealings and not to any personal communication. It further stated that all MoUs and agreements related to this matter are already available with the government. Every financial transaction was officially routed through the banking system, and hence, the ACB has no right to seek Rama Rao’s personal information when he was serving as a minister.
At a time when all documents are accessible to the government, demanding personal mobile devices purely under the pretext of investigation appears legally unjustified and politically motivated, the legal team stated.
The lawyers recalled that both the high court and Supreme Court in the past have ruled that it is unjust for an investigative agency to collect information from a citizen and then use the same against them maliciously.
The legal team clarified that personal mobile devices cannot be sought without a valid court order, especially when there is no direct evidence linking them to any alleged crime. Citing Article 21 of the Indian Constitution and provisions of the Information Technology Act, it noted that such actions would violate the right to privacy.
According to these legal provisions, investigative agencies may only demand access to personal devices like mobiles and laptops if there is a court directive.
In the absence of public interest or any financial misappropriation, issuing such demands lacks legal basis. The team reiterated that since there is no evidence of fund misuse or scam in this matter, the entire episode clearly appears to be an act of political harassment.
Legal notice to TPCC chief
Meanwhile, Rama Rao sent a legal notice to TPCC president B Mahesh Kumar Goud for making baseless allegations against him with regard to the phone-tapping case.
He warned that leaders like Mahesh Goud, who make “such irresponsible and politically motivated remarks just to gain media traction”, would be held accountable in courts of law.
Rama Rao said that the Congress government, which failed to implement any of its guarantees since coming to power, was now indulging in theatrics, using fabricated issues like the phone-tapping case.
Making disgraceful and unfounded accusations against him and other BRS leaders, without evidence, was highly condemnable, he said.
Demanding that Mahesh Goud immediately tender an unconditional public apology, Rama Rao said that as a law-abiding citizen he cooperated with the officials who are inquiring into the “politically motivated cases filed against him”.