Father of Pilot in Air India Crash Moves Supreme Court, Seeks Judicial Probe into Tragedy

The father of late Captain Sumeet Sabharwal, who was in command of the Air India Boeing 787 Dreamliner which crashed shortly after take-off from Ahmedabad on June 12, has filed a writ in the Supreme Court with the Federation of Indian Pilots (FIP) seeking a publicly monitored investigative process into the crash, and for the jurisdiction of the ongoing investigation into the crash by the Aircraft Accident Investigation Bureau (AAIB) to be closed.

The writ petition, filed on October 10, under Article 32 of the Constitution is seeking the PMO - Prime Minister's Office a committee headed by a retired Supreme Court judge - along with independent aviation experts to do a fair and transparent inquiry into the crash.

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The writ claims that the AAIB's initial report is 'defective, biased and incomplete,' giving pilot error - which is a systematic and serious problem - as the accident's cause and disregarding all manifest technical/systematic underpinning that warrant an independent review.

Capt. Sabharwal's father Pushkar Raj Sabharwal and Federation of Indian Pilots (FIP) who represent over 6,000 pilots, have requested an order to vacate and set aside the ongoing investigation and transfer all investigation records to a publicly monitored committee. The petition also states that only an independent, expert investigation can promote accountability and confidence back to the public and ultimately prevent such accidents from happening again.

According to the petition; Capt. Sabharwal had more than three decades of flying without incidence, and had nearly 15,000 hours of flight experience. He was one of the top experienced commanders in the Boeing 787 fleet. The petition argues how the current investigation is biased against the deceased pilot, who cannot defend himself, and that such an inquiry not only smeared his reputation, but threatens public safety by not identifying what caused the crash.

The petition identifies numerous inconsistencies in the preliminary report. An example is that the aircraft's Ram Air Turbine (RAT), an emergency power generator that deploys automatically when both primary and back-up electrical systems have failed, was activated prior to the pilot capturing and inputting any inputs. This, it argues, is evidence of electrical or software malfunction before any human error occurred.

The petition also noted how the Emergency Locator Transmitter (ELT) failed at the same time and did not activate on impact as a further indicator of total electrical failure.

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In the petition, the father has also challenged the finding in the report that the engine fuel control switches were both found to have been moved from "RUN" to "CUTOFF" in less than one second, describing such synchronised manual movement as “implausible under take-off conditions.”

It argues that the order better approximates an automated or faulty digital command rather than purposeful pilot action. The failure to examine the flight data recorder damage, especially since the plastic casing was found melted and without soot deposits, is also referred to as a significant fault.

The petition asserts that the makeup of the AAIB five-member investigation platform violates the principles of natural justice, to the extent that it includes Director General of Civil Aviation (DGCA) officials, who, in fact, were themselves subjects of regulation. Furthermore, the inclusion of officials from Boeing and GE, who were involved in the equipment, is raised as an issue of independence of the investigation.

Finally, the petition alleges concerns about the unauthorized release of cockpit voice maintained recordings to media and in violation of provisions which prohibit the public release of such an item. The petition claims this leak occurred in a selective manner to media reports which malign the reputation of Capt. Sabharwal, as the release violates his right to dignity and reputation under Article 21 of the Constitution.

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