Cyber Crime FIR Against TMC MP Saket Gokhale
Introduction:
In a significant legal development, Trinamool Congress (TMC) national spokesperson and Rajya Sabha Member of Parliament (MP), Saket Gokhale, has taken a decisive step by moving the Gujarat High Court to seek the quashing of an FIR lodged against him. This FIR, filed by the Ahmedabad cyber crime police station, forms the basis of the ongoing Prevention of Money Laundering Act (PMLA) proceedings against him.
Background:
The legal saga dates back to December 2022 when an FIR was filed against Gokhale by the Ahmedabad cyber crime police station. The charges against him include sections under the Indian Penal Code (IPC) related to criminal breach of trust, cheating, forgery, and using forged documents, along with sections of the Information Technology (IT) Act concerning identity theft and cheating by personation.
Legal Recourse:
After facing setbacks in lower courts, Gokhale’s latest legal recourse involves seeking relief from the Gujarat High Court. The matter was presented before Justice H D Suthar on April 1 and is scheduled for further hearing on April 12.
Allegations and Investigations:
The FIR alleges that Gokhale misappropriated funds received through online crowdfunding campaigns, totaling approximately Rs 1.07 crore. Out of this amount, Rs 76 lakh was raised via crowdfunding platforms like OurDemocracy.in and Razorpay, while Rs 23 lakh came through cash transfers. Subsequently, the Enforcement Directorate (ED) arrested Gokhale on January 25, 2023, in connection with the case.
Legal Standoff:
During the legal proceedings, Gokhale filed a discharge plea before the Ahmedabad rural court, seeking to dismiss the case. However, his plea was rejected by Principal District Judge D M Vyas on March 1, who deemed that a prima facie case exists to frame charges against Gokhale.
Conclusion:
The legal battle surrounding the FIR against Saket Gokhale underscores the complexities and challenges of navigating the intersection between law, politics, and technology. As the case unfolds in the Gujarat High Court, it will be closely watched for its implications on cybercrime prosecution and the legal accountability of public figures.
Frequently Asked Questions (FAQs):
- What prompted Saket Gokhale to move the Gujarat High Court?Gokhale sought the quashing of an FIR filed against him by the Ahmedabad cyber crime police station, which forms the basis of PMLA proceedings.
- What charges does Gokhale face according to the FIR?Gokhale faces charges under sections of the IPC related to breach of trust, cheating, forgery, and under the IT Act for identity theft and cheating by personation.
- What led to Gokhale’s arrest by the ED?The ED arrested Gokhale based on allegations of misappropriating funds received through online crowdfunding campaigns.
- What was the outcome of Gokhale’s discharge plea before the Ahmedabad rural court?The plea was rejected, with the court ruling that a prima facie case exists to frame charges against Gokhale.
- When is the next hearing scheduled in the Gujarat High Court?The matter is set to be heard on April 12, following the initial presentation before Justice H D Suthar on April 1.
- What prompted TMC MP Saket Gokhale to move the Gujarat High Court?TMC MP Saket Gokhale moved the Gujarat High Court seeking Cyber the quashing of an FIR lodged against him by the Ahmedabad cybercrime police station in December 2022, which has led to Prevention of Money Laundering Act (PMLA) proceedings.
- What are the charges faced by Saket Gokhale?Saket Gokhale is facing charges under various sections of the Indian Penal Code, including criminal breach of trust, cheating, forgery, and using forged documents, as well as sections of the IT Act related to identity theft and cheating by personation.
- What is the basis of the FIR against Saket Gokhale?The FIR against Saket Gokhale alleges misuse of funds received via Cyber crowdfunding, totaling nearly Rs 1.07 crore, which were deposited into his bank accounts. The Enforcement Directorate (ED) investigated the money trail and subsequent transactions.
- When is the next hearing scheduled in Saket Gokhale’s case?The matter was mentioned before the court of Justice H D Suthar on April 1, and the Cyber next hearing is scheduled for April 12.
- What was the outcome of Saket Gokhale’s plea before the Ahmedabad rural court?Saket Gokhale’s plea seeking to drop the case arising from the December 2022 FIR was rejected by the Ahmedabad rural court on March 1, with the court ruling that a prima facie case exists to frame charges against him.
