“Irresponsible”: Supreme Court on Air India crash prelim report suggesting pilot error

The Supreme Court on 22 September, Monday, has issued notices to the Union government and the Directorate General of Civil Aviation (DGCA) in response to a petition seeking an independent, fair and time-bound investigation into the 12 June Air India crash in Ahmedabad that claimed 265 lives.

A bench comprised of justices Surya Kant and N. Kotiswar Singh was hearing a plea filed by the non-governmental organisation Safety Matters Foundation, which has raised concerns about the preliminary findings released by the Aircraft Accident Investigation Bureau (AAIB). The bench too noted that certain observations in the report suggesting pilot error appeared “irresponsible”.

The AAIB had released its preliminary report on 12 July, indicating that the accident may have been caused by the fuel cutoff switches being moved from the 'run' to 'cutoff' positions, implying possible human error by the flight crew.

Advocate Prashant Bhushan, appearing for the petitioner NGO led by aviation safety expert Captain Amit Singh (FRAeS), argued that the investigative panel included three members affiliated with the aviation regulator, raising questions of potential conflict of interest.

The petitioners have also called for the public release of data from the aircraft’s DFDR (digital flight data recorder), CVR (cockpit voice recorder) and EAFR (electronic aircraft fault recording), stating that these are essential for a complete and objective understanding of the accident.

The Supreme Court acknowledged the need for a final report but also flagged concerns regarding confidentiality and the protection of personal dignity with the preliminary report.

The bench noted that premature disclosure of sensitive flight data could be misused, including by competing airlines.

It, however, clarified that the notice is limited to the issue of ensuring an independent, credible and expeditious investigation.

The petition argues that the current investigation process violates fundamental rights, including the right to life and the right to access accurate information. It also criticises the preliminary report for allegedly withholding critical technical data.

The accident occurred on 12 June when Air India Flight AI171, a Boeing 787-8 aircraft en route from Ahmedabad to London’s Gatwick Airport, crashed into a medical hostel complex shortly after takeoff. The crash resulted in the deaths of 265 individuals, including 241 passengers and crew.

Of the deceased, 169 were Indian nationals, 52 were from the United Kingdom, 7 from Portugal, 1 from Canada, and 12 were Air India crew members. The sole survivor was identified as Vishwashkumar Ramesh, a British national.

The matter will now proceed following responses from the Centre and the DGCA.