Indian Supreme Court Refuses to Quash FIR Against Skoda Volkswagen for Alleged Use of Cheat Devices.
In November 2020, Skoda Auto Volkswagen India Pvt. Ltd. (SAVWIPL) was accused of employing cheat devices in their automobiles, and a FIR (First Information Report) was filed against them. The Supreme Court of India declined to overturn the FIR.
The issue dates back to 2015, when VW acknowledged employing deceptive technology in its diesel vehicles in the US so that they would emit fewer pollutants during emissions tests than under normal driving conditions.
After this, the Automotive Research Association of India (ARAI) tested VW vehicles in India and discovered evidence that some of them had cheating mechanisms installed.
Following that, the ARAI sent SAVWIPL a notice ordering them to recall 3.23 lakh vehicles that were fitted with the cheat devices. The National Green Tribunal (NGT) rejected SAVWIPL’s petition to contest this notice.
They subsequently filed an appeal with the Supreme Court, which ordered them to make a deposit of Rs. 100 crore as a temporary measure to pay for any potential environmental harm the cheat devices might create.
SAVWIPL contended that the ARAI’s warning was based on arbitrary and non-scientific testing procedures and that they had not broken any Indian legislation. The use of cheating devices was a major issue that could not be disregarded, hence the Supreme Court declined to dismiss the FIR against SAVWIPL.
The court added that there was evidence to show that cheating devices were also used in Indian cars and that the ARAI had utilised the same testing procedures as those employed in the US. The court further declared that the use of cheat devices violated the right to clean air and that it was impossible to determine the extent of any potential harm.
Judgment:
The court’s decision is significant because it sends a clear message that companies cannot compromise on environmental standards and that any violations will be held accountable. It also highlights the need for strong regulations and enforcement mechanisms to prevent such violations.
Conclusion:
Supreme Court’s decision to refuse to quash the FIR against SAVWIPL is a reminder of the importance of environmental protection and the need to strictly enforce laws and regulations to ensure that companies do not compromise on environmental standards.
Presented by,
Sachin Gupta.