Supreme court reserves order on Skoda's plea challenging FIR in UP over "cheat device" in diesel car
New Delhi: The Supreme Court Wednesday reserved orders on a plea filed by Skoda Volkswagen India challenging an FIR registered in Uttar Pradesh by a customer over the use of a "cheat device" in its diesel car.
A bench headed by Chief Justice S A Bobde said there are many legal procedures by which the automobile company can secure relief for itself and observed that prima facie investigation should continue in the case.
"We have read the case. We are saying as to why the trial/investigation should not go on...
"There are many ways to deal with the criminal investigation...we know that Volkswagen is a legendary motor vehicle manufacturer, we are admirers of it... We have had the highest respect for it since World War II...but you are wrong on the stage at which you are coming here," the bench observed.
At the outset, senior advocate A M Singhvi, appearing for Skoda, told the top court that in December 2015, a complaint against Volkswagen was made in the National Green Tribunal and in March 2019 a penalty was imposed which was stayed by the apex court.
There was also this FIR lodged in UP and the company moved the high court seeking its quashing, Singhvi told the bench, also comprising Justices A S Bopanna and V Ramasubramanian.
Singhvi said as to how a fresh can case be started when the same matter is being dealt with by the NGT and the top court.
The apex court, however, said that these are two different issues.
Singhvi argued that the vehicle was purchased by the complainant in 2018 and there were no complaints or representations made to the company.
"In connection with the NGT matter, we had come to the SC and there was immediate stay. While the matter is pending, this FIR was lodged where the allegations are the same as the application before the NGT in the earlier complaint," Singhvi said.
The apex court was hearing an appeal filed by Skoda against the Allahabad High Court order refusing to quash the FIR and dismissing its plea.
The high court had said that whether a cheat device was installed in the vehicles is a matter of investigation and it cannot be interfered with by the court on an erroneous interpretation of the interim order of the Supreme Court.
The top court had earlier restrained the Centre from taking any "coercive" step against it for non-submission of Rs 500 crore fine imposed by the National Green Tribunal for damaging the environment through the use of "cheat device" in its diesel cars in India.
Earlier, a green panel bench headed by chairperson Justice Adarsh Kumar Goel had directed the carmaker to deposit the amount within two months with CPCB.
The tribunal had enhanced the compensation amount of Rs 171.34 crore, which was recommended by an NGT-appointed committee, to Rs 500 crore as a means of "creating deterrence".
The automaker, however, had said that it did not violate the BS-IV norms and that the test results were based on "on-road testings" for which there were no prescribed standards.
A 'cheat' or 'defeat device' is a software in diesel engines to manipulate emission tests by changing the performance of the cars globally.
Volkswagen India had in December 2015 announced the recall of 3,23,700 lakh vehicles in India to fix the emission software after ARAI conducted tests on some models and found that their on-road emissions were 1.1 times to 2.6 times higher than the applicable BS-IV norms.
The automobile giant had admitted to the use of 'defeat device' in 11 million diesel engine cars sold in the US, Europe, and other global markets to manipulate emission test results.
After the tests by ARAI, Volkswagen India had undertaken to rejig the software by recalling around 3.23 lakh vehicles fitted with EA 189 diesel engines which were in alleged violation of emission norms.
The company, however, had said that the recall in India was purely voluntary in nature as it did not face any charges regarding violating emission norms in India, unlike in the US.
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Sharad Pawar's 'merger with Cong' remark shows it's difficult for him to run his party,says Fadnavis
Mumbai, May 8: NCP founder Sharad Pawar's remark on regional parties' possible merger with the Congress shows it has become difficult for him to manage his own party, Maharashtra Deputy Chief Minister Devendra Fadnavis said on Wednesday.
Chief Minister Eknath Shinde latched on to Pawar's comment to target Shiv Sena (UBT) chief Uddhav Thackeray, saying the latter has already become "Congress-minded".
Another leader of the ruling 'Mahayuti' in Maharashtra said Pawar's remarks reflect that ground was slipping from under his feet in his home turf Baramati and the only option before him was merging his party with the Congress.
In an interview to The Indian Express, Pawar said that in the next couple of years, several regional parties will associate more closely with the Congress or may look at the option of merger with it if they believe that is best for their party.
To a question if that applied to his own party, Pawar told the newspaper that he doesn't see any difference between the Congress and his party because both belong to the Gandhi, Nehru line of thinking.
Pawar made it clear that any decision on strategy or the next step will be taken collectively. He also said that his party is close to the Congress ideologically and that Uddhav Thackeray is positive about working together with like-minded parties.
Asked about Pawar's remark, Shinde said the Shiv Sena (UBT) has already become Congress-minded.
"Pawar is a big leader and he makes such statements. But the Sena (UBT) faction has already become Congress as they speak the language of the Congress and Pakistan," Shinde, who heads the ruling Shiv Sena, said.
"Just the formality (of merger between them) is remaining," he added.
Fadnavis said that through his remark, Pawar might be suggesting that it was difficult for him to run his party and hence he may opt to merge it with the Congress.
"It is nothing new because Pawar has formed new parties and later merged them with the Congress," he said.
Former Congress leader Sanjay Nirupam, who recently rejoined the ruling Shiv Sena led by CM Shinde, said Pawar has been thinking about merging his party with the Congress for a long time and even the Congress had given the proposal to this effect to him.
"But Congress rejected the proposal to entrust the leadership to Supriya Sule. Pawar's fresh comment suggests that the ground is slipping from under his feet in Baramati. Even if that is not the case, he has no option but merge his party with Congress which will be seen as a merger of two loss-making companies," the former MP said.
BJP leader Prasad Lad asked whether the Sena (UBT) will merge with the Congress along with the Sharad Pawar-led party.
"Uddhav Thackeray has stopped saying 'My Hindu brothers and sisters' at the outset of his speeches. He has become friends with those who criticise Veer Savarkar. Only time will tell whether Thackeray will merge his party with Congress," he said.
NCP (SP) working president Supriya Sule said her father made a generic statement.
Leader of Opposition in the state assembly and senior Congress leader Vijay Waddetiwar said there was truth in what Pawar said.
"He has a long-term vision. People are fed up with the dictatorial regime and want a change of guard," he said, targeting the BJP-led government.
Chhagan Bhujbal of the Ajit Pawar-led NCP said he doesn't think regional parties will merge with the Congress.
"They are strong in their respective states and have formed governments in West Bengal and Odisha," he said, referring to the Trinamool Congress (TMC) and the Biju Janata Dal (BJD).
The NCP founded by Sharad Pawar in 1999 split in July 2023 after his nephew Ajit Pawar rebelled against him and joined the Eknath Shinde-led government. The Election Commission and assembly speaker later recognised the Ajit Pawar-led faction as the "real NCP" and allotted the clock symbol to it, while the NCP (SP) group was given 'man blowing turha' as the symbol.
