Centre Tells Supreme Court: No Blame Attributed to Pilots in Air India Crash Investigation

Captain Sumeet Sabharwal (left); 260 died in the Air India Dreamliner crash

New Delhi: The Centre informed the Supreme Court on Thursday that Captain Sumeet Sabharwal of Air India has not been blamed in the Aircraft Accident Investigation Board's (AAIB) preliminary report regarding the devastating June 12 crash that claimed 260 lives.

The ill-fated Air India Boeing 787-8 flight AI171, bound for London's Gatwick airport, was under the command of pilot-in-command Captain Sabharwal and co-pilot Captain Clive Kunder. Both pilots perished in the crash that occurred shortly after takeoff from Ahmedabad, resulting in the deaths of all 260 people aboard, including 241 passengers and crew.

The Supreme Court had previously issued notices to the Centre and the Director General of Civil Aviation (DGCA) following a petition filed by Pushkaraj Sabharwal, the deceased pilot's father. Both Pushkaraj Sabharwal and the Federation of Indian Pilots have approached the Supreme Court seeking a court-monitored inquiry headed by a former Supreme Court judge into the Air India flight AI171 crash.

During the hearing before Justices Surya Kant and Joymalya Bagchi, Solicitor General Tushar Mehta explained that the AAIB investigation team was formed in accordance with international protocols. "There is an international convention. There's an international civil aviation organisation. They have prepared mandatory steps to be taken in case of an investigation into air crashes. There is a regime in place," Mehta stated.

Mehta emphasized, "Some foreigners are also victims. Those countries also send their representatives in the investigation. I understand the feelings of the father, but there is no blame attributed to anyone in the interim report."

The Solicitor General clarified that no blame has been assigned to anyone in the AAIB's preliminary report and noted there had been misconceptions about pilot error following the interim report's release. "The Ministry of Civil Aviation has issued a press note saying that blame was not attributable to anyone. There is no question of blaming anyone in the report," he affirmed.

Justice Bagchi observed, "The AAIB inquiry is not for apportioning blame on anyone. It is only to clarify the cause so that the same does not happen again." The court was hearing three separate petitions filed by an NGO, a law student, and the pilot's father, all seeking an independent, court-monitored investigation into the crash near Ahmedabad.

The crash claimed the lives of 169 Indians, 52 Britons, seven Portuguese nationals, one Canadian, and 12 crew members. Vishwashkumar Ramesh, a British national, was the sole survivor.

On November 7, the Supreme Court had stated that no one had blamed the chief pilot of the Air India Dreamliner for the June 12 crash and urged his 91-year-old father not to carry any emotional burden. "There is no insinuation against him even in the preliminary report," the court had emphasized, adding that if necessary, it would clarify that the pilot is not to blame for the "unfortunate" crash.

During the proceedings, advocate Prashant Bhushan, representing the NGO 'Safety Matters Foundation,' argued for a parallel inquiry like a court of inquiry into such a major accident. "It is very alarming. There have been many system failures in these 787s. Everybody flying in these aircraft is at risk. The pilots' association has said that these aircraft need to be grounded immediately," Bhushan contended.

Justice Kant cautioned that these proceedings should not devolve into a dispute between airlines and asked Mehta to file a response to the pilot's father's plea.

Senior advocate Gopal Sankaranarayanan, representing the pilot's father, alleged that the rules for a fair probe were not being followed. "The regime that Mr. Mehta has mentioned has not been followed. That's the problem. It has not been properly followed," he argued, urging the court to direct the Centre to respond to the petition.

The bench adjourned the matter for further hearing after two weeks and clarified it was not interested in entertaining the plea filed by a law graduate on the issue.

The petition filed by Captain Sumeet Sabharwal's father seeks directions for establishing an independent committee, including aviation and technical experts, to investigate the crash. It contends that the current investigation has failed to adequately examine or rule out technical and procedural factors related to Boeing that could have contributed to the tragedy.

The petition also claims that the probe team is dominated by officers from the DGCA and state aviation authorities whose procedures, oversight, and possible lapses are directly implicated in the investigation.

The NGO's plea alleges that the official investigation violates citizens' fundamental rights to life, equality, and access to truthful information. It points out that the AAIB issued its preliminary report on July 12, attributing the accident to "fuel cutoff switches" being moved from "run" to "cutoff," effectively suggesting pilot error.

On September 22, while considering the NGO's plea, the Supreme Court described as "unfortunate and irresponsible" the selective publication of the preliminary report which outlined pilot lapses and created a "media narrative."