The father of the late Captain Sumeet Sabharwal, who commanded the Air India Boeing 787 Dreamliner that crashed near Ahmedabad on June 12, has filed a writ petition in the Supreme Court, along with the Federation of Indian Pilots (FIP). The petition calls for a judicially monitored investigation into the accident and seeks to close the ongoing probe by the Aircraft Accident Investigation Bureau (AAIB).
Filed on October 10 under Article 32 of the Constitution, the writ petition requests that the Supreme Court constitute an independent committee. This committee, it demands, should be headed by a retired Supreme Court judge and include independent aviation experts to ensure a fair and transparent inquiry into the crash.
Allegations of Bias and Technical Omissions
The petition alleges that the AAIB’s preliminary report is “defective, biased, and incomplete” because it attributes the cause of the accident primarily to pilot error. Crucially, it claims the report disregards serious technical and systemic factors that warrant independent scrutiny.
Capt. Sabharwal’s father, Pushkar Raj Sabharwal, and the FIP, which represents over 6,000 pilots, argue that the current probe must be set aside and all records transferred to a judicially monitored committee. They assert that only an expert-led, independent investigation can restore public confidence, ensure accountability, and prevent future tragedies.
Key Inconsistencies Challenged in the Petition
The petition strongly defends Capt. Sabharwal, who had over 30 years of incident-free flying and more than 15,000 flight hours, stating that the ongoing investigation has been prejudiced against the deceased pilot, who is unable to defend himself.
The filing highlights several specific technical and procedural inconsistencies in the AAIB’s preliminary report:
- Ram Air Turbine (RAT) Activation: The petition notes that the aircraft’s RAT—an emergency power generator that automatically deploys when both primary and backup electrical systems fail—was activated before the pilots could make any control inputs. This, the petitioners claim, strongly suggests an electrical or software malfunction was the root cause, not human error.
- Engine Fuel Switches: The report’s finding that both engine fuel control switches were moved manually from “RUN” to “CUTOFF” within one second is described as “implausible under take-off conditions.” The petition argues this sequence is more consistent with an automatic or corrupted digital command than deliberate pilot action.
- Failure of Emergency Systems: The simultaneous failure of the Emergency Locator Transmitter (ELT), which did not activate after impact, is cited as further evidence of a complete electrical collapse in the aircraft.
- Damaged Flight Data Recorder: The failure to analyze the damage to the Flight Data Recorder, whose protective casing was found melted without soot deposits, is noted as a serious omission by the AAIB.
Concerns Over Investigation’s Independence
The petitioners also raise serious concerns regarding the independence and integrity of the AAIB investigation team. They argue that the composition of the five-member team violates the principle of natural justice, pointing out that it includes officials from the Directorate General of Civil Aviation (DGCA), whose regulatory oversight over the airline and aircraft is itself under question.
Furthermore, the inclusion of representatives from Boeing and GE, whose equipment was involved in the crash, is also highlighted as a factor that compromises the probe’s independence.
Finally, the petition raises concerns over the unauthorised disclosure of cockpit voice recordings to the media, an act that violates official rules prohibiting the public release of such material. This, the petitioners allege, led to selective leaks that resulted in media reports unfairly portraying Capt. Sabharwal in a negative light, thus violating his right to dignity and reputation under Article 21 of the Constitution.