The Supreme Court Has Dismissed Skoda-Volkswagen's Plea To Quash FIR Over Alleged Cheat Emission Devices

OVERVIEW

• The Supreme Court today dismissed a plea by Skoda Auto Volkswagen India, challenging an FIR registered in Uttar Pradesh by a customer over the alleged use of "cheat device" in its diesel car by the company to manipulate emission norms.

• A bench of Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian, pronounced the verdict and dismissed the plea by the German car maker.

BACKGROUND

• On November 4, the top court had reserved the verdict on the plea saying as to why the investigation should not go on in the case.

• A ''cheat'' or ''defeat device'' is a software installed in auto engines to manipulate pollution emission tests. Volkswagen was accused of the malpractice globally a few years ago.

• During the hearing, the automobile maker argued that in December, 2015 the complaint was made in the National Green Tribunal (NGT) and in March, 2019 a penalty was imposed on it which was stayed by the top court.

• An FIR was also lodged in UP and the company moved the high court seeking its quashing, it said.

• The top court passed the order on the appeal filed by Skoda against the Allahabad High Court order refusing to quash the FIR and dismissing its plea.

FURTHER DETAILS

• 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 top court.

• The top court had earlier restrained the Centre from taking any "coercive" step against the company for non-submission of Rs. 500 crore fine imposed by the NGT for damaging environment through use of "cheat device" in its diesel cars in India.

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