The Bombay High Court quashed a data theft case against Wolfgang Prock-Schauer, former managing director of Go First, citing insufficient evidence. The court emphasized that continuing proceedings would be a “mere procedural rigmarole,” as the complaint failed to establish any offence under relevant laws. Prock-Schauer denied allegations, asserting the emails in question were related to his professional duties.
Mumbai: The Bombay High Court recently made headlines by quashing a case of alleged data theft against Wolfgang Prock-Schauer, the former managing director of the now-grounded domestic airline Go First. The court’s decision underscores the importance of due process and highlights the limitations of the legal framework in establishing culpability.
On October 23, a division bench comprising Justices Bharati Dangre and Manjusha Deshpande declared that “no offence was made out against him.” The court noted that continuing proceedings would only result in a “mere procedural rigmarole.” The case against Prock-Schauer stemmed from a complaint filed by Go Airlines India Ltd in February 2018, which accused him of criminal breach of trust and data theft under the Indian Penal Code and the Information Technology Act.
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The allegations alleged that Prock-Schauer sent confidential information from his official email to his personal email and third parties, alongside accusations of formatting data on his iPad. Specific claims included:
- From March 2016 to December 2017, Prock-Schauer allegedly downloaded and shared confidential information, which reportedly resulted in financial loss to the company.
- It was alleged that he made unilateral decisions during his tenure as CEO without consulting the Board of Directors.
The complaint also stated that company policy required him to return all devices and confidential information upon resignation.
The bench meticulously examined the complaint and concluded that
“the accusations in the complaint do not lead to making out an offence under section 43(b) read with section 66 of the Information Technology Act.”
The court expressed confusion regarding how the allegations could constitute an offence under these sections, emphasizing that:
- The continuation of the proceedings was unwarranted, as it would serve no purpose and could only lead to unnecessary legal entanglements.
- The court sought clarity from the police regarding any other documents downloaded or shared by Prock-Schauer but found no substantial evidence supporting the claims.
The high court noted that Go Airlines had already initiated a commercial suit against Prock-Schauer in 2018, aiming to prevent him from disclosing confidential information and trade secrets. This legal action indicated that the company had taken measures to protect its interests without the necessity of pursuing criminal charges.
Prock-Schauer firmly denied the allegations, asserting that the emails sent to his personal account were related to sales agreements and negotiations with Airbus for preparing briefings and presentations. His attorney, Niranjan Mundargi, added that some emails forwarded to a third party were legal communications regarding Prock-Schauer’s resignation and were sent to his attorney in Austria for advice.
In a significant ruling, the Bombay High Court reaffirmed the importance of solid evidence in criminal proceedings and the principle that accusations should not be pursued without adequate justification. The court’s decision to quash the FIR against Wolfgang Prock-Schauer emphasizes the need for careful scrutiny in legal matters, particularly those involving complex allegations like data theft.
This case highlights a critical perspective on how legal frameworks should operate to balance protecting companies from potential breaches while ensuring that individuals are not unjustly subjected to the rigors of legal proceedings without substantial grounds.
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