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Legal battle

On May 4, 1999, the Centre for Science and Environment (CSE) organised a press conference to brief mediapersons about the legal notice that has been served by TELCO against Anil Agarwal and Sunita Narain of CSE for allegedly writing a defamatory article against TELCO. They were threatened with a Rs 100 crore legal suit. Sunita Narain, who briefed the press, said that it is an effort to intimidate CSE on its campaign against the dieselisation of the vehicle fleet in India, and also to put pressure on the Environment Pollution (Prevention and Control) Authority (EPCA) and malign its effort to stop dieselisation. A legal notice has also been served on the Business Standard for publishing the article.

"We have told TELCO's lawyers that we are quite happy to see them in court. It is our life's work, convictions, integrity and research that is at stake,' she added. It is noteworthy that the notice was hand delivered to CSE on April 16, the very day when the Supreme Court hearing on the banning of diesel vehicles was taking place. The court hearing was on the recommendations of the EPCA, of which Agarwal is a member.

Referring to an article entitled "Engines of the Devil' published in the Business Standard on March 15, 1999, and carrying photographs of Tata Sierra and Tata Sumo in the article, the notice said that the statements made in the article are derogatory, false and malicious. TELCO has sought an unconditional apology and a compensation of Rs 100 crore. It also said that if these are not met within seven days of the notice being served, TELCO will sue. Narain said that no apology will be given on the contents of the article. "Let them take us to the court,' she added.

Agarwal and Narain had jointly written an article against the current trend in the dieselisation of the private automobile fleet when there is growing evidence worldwide that diesel emissions have a strong cancer-causing potential. Several countries were already tightening regulations against diesel vehicles. In India, the quality of both diesel engines and diesel fuel is very poor compared to international standards. The article had pointed out that the industry was ignoring this evidence. "We are prepared to face the consequences and have told the company that we stand by every word we have written,' the authors said.

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