SC agrees to early hearing on pleas seeking independent probe into AI crash

The Supreme Court on Wednesday agreed to grant an early hearing to a batch of petitions seeking an independent, judicially monitored investigation into the Air India Flight 171 crash at Ahmedabad airport last year, which claimed the lives of 229 passengers and 12 crew members.

The matter came up before a Bench headed by Chief Justice of India Surya on 28 January, The Hindu reported. The petitions have been filed by several parties, including the father of one of the deceased pilots, the Federation of Indian Pilots, and a non-governmental organisation, Safety Matters Foundation.

Advocate Prashant Bhushan, appearing for the NGO, made an oral request for an early listing, noting that the court may not be able to take up the matter the following day due to pre-scheduled hearings on petitions challenging the Special Intensive Revision exercise. He also told the court that neither the Union government nor the Aircraft Accident Investigation Bureau (AAIB) had filed responses to the pleas so far.

Bhushan argued that serious safety concerns had been raised by pilots regarding the Boeing 787 aircraft involved in the crash, alleging underlying electronic issues. He submitted that the circumstances warranted the appointment of a court of inquiry to determine the true cause of the accident.

The petitioners have maintained that their objective is not to fix responsibility but to establish what led to the crash and to prevent similar tragedies in the future. In earlier hearings, the court had observed that an inquiry conducted by the AAIB under the Aircraft Act, 1934, and the Aircraft (Investigation of Accidents and Incidents) Rules, 2017, is not meant to assign blame.

One of the petitions was filed by 91-year-old Pushkar Raj Sabharwal, whose son, Commander Sumeet Sabharwal, was among the pilots operating the ill-fated flight. He approached the court following media reports and speculation suggesting pilot error, which he described as distressing and unfair. His plea alleged serious shortcomings in the AAIB’s investigation.

The petition cited a preliminary report that appeared in the media, referring to a brief exchange between the two pilots recorded on the cockpit voice recorder. According to reports, one pilot was heard questioning whether the fuel switch had been turned off, while the other denied doing so. The crash was reportedly linked to a sudden interruption in fuel supply to both engines.

Opposing the petitions, the Union government has previously told the court that the investigation was being conducted in accordance with international aviation conventions and the mandatory procedures prescribed by the International Civil Aviation Organisation. Solicitor general Tushar Mehta had argued that a statutory framework under Section 4C of the Aircraft Act was already in place and must be followed.

He also noted that the presence of foreign nationals among the victims made it imperative for India to adhere strictly to global standards in the conduct of the investigation.

With agency inputs