"Unfortunate": Supreme Court On Pilot's "Fuel Cut-Off" Mention In Air India Crash Report

Captain Sumeet Sabharwal and First Officer Clive Kundar were operating the aircraft

New Delhi:

The Supreme Court has labeled the 'pilot error' narrative following the AI 171 disaster as "unfortunate" and has requested responses from the Centre and the Directorate General of Civil Aviation (DGCA) regarding a petition calling for an independent investigation into the tragedy.

Additionally, the court has sought input from the Aircraft Accident Investigation Bureau, which published a preliminary report in July examining the causes of the tragedy that resulted in 265 fatalities. The report referenced a conversation between Captain Sumeet Sabharwal and First Officer Clive Kundar. According to the report, cockpit audio confirmed an exchange where one pilot asked, "Why did you cut off?" with the other responding, "I didn't". This exchange fueled speculation that pilot error was responsible for the catastrophic event.

Aviation safety NGO Safety Matters Foundation has submitted a Public Interest Litigation, contending that the preliminary report withholds crucial information and violates citizens' fundamental rights to life, equality and access to truthful information.

The PIL also criticized the report for minimizing systemic anomalies, such as fuel-switch defects and electrical faults, while prematurely attributing the crash to pilot error.

Representing the petitioner, Senior Advocate Prashant Bhushan noted that more than 100 days have elapsed since the June 12 crash, yet only a preliminary report has been released. "It doesn't indicate what may have occurred and what precautions should be implemented. Consequently, all passengers currently traveling on these Boeing aircraft are at risk," he stated.

Mr Bhushan highlighted that the five-member investigative team includes three active members from the aviation regulator DGCA, creating a significant conflict of interest. "How can employees of the same organization under scrutiny conduct the investigation?" he questioned.

The bench comprising Justice Surya Kant and Justice N Kotiswar Singh acknowledged that while the petitioner's demand for an impartial inquiry is reasonable, making all findings public could compromise the investigation. "Imagine if tomorrow it's claimed that pilot 'A' is responsible. The pilot's family would inevitably suffer," Justice Kant observed.

"Prior to the report's submission to the government, The Wall Street Journal published an article stating 'we have learned from our source that this report will blame pilots'... information was leaked. Everyone proceeded to claim it was pilot error... These were highly experienced pilots. The narrative being presented suggested that the pilots deliberately shut off fuel supply to the engines," Mr Bhushan explained.

In response, Justice Kant remarked, "These are very unfortunate and irresponsible types of (statements)". He emphasized that confidentiality is essential in such matters.

The Air India flight 171 from Ahmedabad to London Gatwick crashed moments after take-off on the afternoon of June 12. All 12 crew members and 229 of 230 passengers perished. The aircraft crashed into a medical college hostel in Ahmedabad, killing 19 people. Remarkably, only one passenger survived the crash.