Father of Air India Flight AI-171 Pilot Seeks Supreme Court-Monitored Investigation into Fatal Crash

Captain Sabharwal served as the pilot-in-command of the flight, while Clive Kundar operated as the First Officer.

New Delhi:

The father of the late Captain Sumeet Sabharwal has petitioned the Supreme Court seeking a judicially monitored investigation into the AI-171 plane crash in Ahmedabad that claimed 260 lives four months ago.

Pushkaraj Sabharwal, 88, alongside the Federation of Indian Pilots, contends that the preliminary investigation into the disaster is "profoundly flawed." They argue that investigators are excessively focusing on the pilots, who are deceased and unable to defend themselves against accusations.

This legal action follows the Aircraft Accidents Investigation Board's preliminary report suggesting human error as the cause of the tragedy.

According to the petition, "The current approach of the investigation has resulted in a failure to adequately examine, or rule out, other more plausible technical and procedural factors" contributing to the disaster. "The petitioners emphasise that factual misdirection through selective disclosure, especially against crew who cannot defend themselves, impedes root cause discovery and threatens future flight safety-calling for a neutral judicial lens."

The petitioners challenge the composition of the five-member investigation team, arguing it violates natural justice principles since "no person should be a judge in their own cause." The petition states: "The team is dominated by officers from DGCA, the State aviation authorities whose procedures, oversight, and possible lapses are directly implicated in the investigation. Moreover, the officers are placed under the control of the DG, AAIB, thereby creating a situation where the very entities responsible for regulating and overseeing civil aviation are effectively investigating themselves."

"Only a judicially monitored, expert-driven investigation, independent of the regulatory authorities, can ensure a thorough, transparent, and credible determination of the true causes of this tragedy, uphold accountability, and prevent a repeat of such catastrophic failures," the petition asserts.

The document highlights Captain Sabharwal's "unblemished career spanning over 30 years, with 15,638 hours of incident-free flying, including 8,596 hours on Boeing 787-8 aircraft, without a single reported lapse or incident causing fatalities or otherwise."

The petitioners are requesting an investigation by a committee headed by a retired Supreme Court judge and comprising independent aviation sector experts.

Air India flight 171, en route from Ahmedabad to London Gatwick, crashed shortly after takeoff on June 12. The accident claimed the lives of all 12 crew members and 229 of 230 passengers, with only one survivor. The aircraft crashed into a medical college hostel in Ahmedabad, killing an additional 19 people.

The Aircraft Accident Investigation Bureau released a preliminary report one month after the incident. The report referenced a cockpit conversation between Captain Sumeet Sabharwal and First Officer Clive Kundar, noting one pilot asked, "Why did you cut off?" with the other responding, "I didn't." This exchange led to speculation about pilot error, a narrative that pilot associations have strongly criticized. During a hearing for a similar petition filed by an aviation safety NGO, the Supreme Court previously described the 'pilot error' narrative as "unfortunate."