No Proof, No Case: Bombay HC Clears Former Go First MD in Data Theft Row
Category: Legal News
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BACKGROUND
The Bombay High Court recently quashed an FIR filed against former Managing Director of Go First Airlines, Wolfgang Prock-Schauer.
A division bench of the high court, comprising Justice Bharati Dangre and Justice Manjusha Deshpande, passed the order after Prock-Schauer had been booked on data theft charges.
Prock-Schauer was charged under Section 408 (criminal breach of trust involving property) of the Indian Penal Code and Sections 43(b) and 66 of the Information Technology Act. The FIR, filed in 2018 by the NM Joshi Marg Police Station, was based on Go Airlines India Pvt. Ltd.'s complain.
As CEO of Go Airlines in 2015 and later promoted to MD in 2018, Prock-Schauer was required, under company policy, to return all devices and confidential information upon his departure.
He transferred confidential details from his official email to his personal email and shared it with a third party. Additionally, he was accused of formatting his iPad, which reportedly resulted in financial loss to the company.
Wolfgang Prock-Schauer argued before that the documents he sent to his personal email account pertained to sale agreements with Airbus, which he used for preparing briefings and presentations.
Furthermore, he argued that he shared his resignation documents with a third party, his attorney in Austria, to seek legal advice.
The division bench noted that Go Airlines had already filed a commercial suit against the former MD to restrain him from disclosing, publishing, or otherwise misusing confidential information, trade secrets, and/or company know-how.
The high court recorded that it repeatedly tried to ascertain from the Investigating Officer whether there were any documents downloaded and subsequently shared by the former MD in his capacity as CEO, with the intent to gain any advantage from the company. However, the bench was not provided with any information to that effect, as no such information had been collected.
Therefore, the bench proceeded to quash the FIR while noting that, “..continuation of the proceedings against the Petitioner would be nothing short of mere procedural rigmarole and therefore, we are inclined to quash and set aside the subject FIR, as it has failed to make out an offence against the petitioners u/s 43(b) and 66 of Information Technology Act, 2000” the order reads.
KEY ASPECTS
Insufficient Evidence: FIR was weakened as the court found no evidence of Prock-Schauer downloading or sharing confidential information for personal gain.
Prior Civil Action: Go Airlines had already filed a commercial suit to prevent the disclosure of sensitive information.
Procedural Rigmarole: The Court quashed the FIR due to lack of evidence for criminal charges finding the criminal case as an unnecessary legal formality without any basis.
CONCLUSION
The Bombay High Court recently quashed an FIR filed against former Managing Director of Go First Airlines, Wolfgang Prock-Schauer. This ruling of the court highlights the need for basic evidence in criminal cases involving data theft. This ruling emphasizes the importance of the difference between civil and criminal remedies in corporate disputes.
