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SC asks car-maker why shouldn’t trial go on for installing cheat devices, reserves order

The bench noted that a criminal complaint was filed by a citizen while the NGT passed a general order on cheat devices
Last Updated : 04 November 2020, 15:56 IST

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The Supreme Court on Wednesday asked why Skoda Volkswagen India Pvt Ltd should not face the trial against it in Uttar Pradesh over alleged cheat emission devices installed in its cars.

Senior advocate A M Singhvi, representing the German car-maker, submitted that in March 2019, a penalty was imposed by the National Green Tribunal, which was stayed by the top court.

To this, a bench presided over by Chief Justice S A Bobde replied, "I know, I was party to that order. But what that has to do with the criminal prosecution?"

The bench also said that prima facie the court does not agree with him. It reserved the order on the plea by the company against the criminal proceedings.

Singhvi maintained that the criminal prosecution was not fair at this stage. They have also accused officers outside India, he added.

He said that vehicle was bought in 2018, and for nearly two and a half years there were no complaints.

“While the NGT matter was pending, this FIR was lodged where the allegations are the same as the application before the NGT," Singhvi said.

"But, why should the trial not go on? NGT will not determine the correctness of your action," the bench said.

The bench noted that a criminal complaint was filed by a citizen while the NGT passed a general order on cheat devices.

"We are admirers of the company as it is a legendary motor vehicle manufacturer, and we have had the highest respect for it since World War II," the bench said.

Senior advocate Senior Maninder Singh, representing the complainant, submitted that the investigations in the FIR should go on and cited that High Court has granted stay against the arrest to the company officials.

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Published 04 November 2020, 15:56 IST

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