Air India Crash Investigation: Centre Tells Supreme Court No Attempt to Assign Blame

The tragic June 12 crash of Air India Flight AI-171, a Boeing 787 Dreamliner that killed more than 250 people, continues to undergo scrutiny before the Supreme Court of India. During the latest hearing, the Union government clarified that the Aircraft Accident Investigation Board (AAIB) inquiry is not designed to assign blame but to determine the cause of the accident and prevent future tragedies.

This article analyses:

  1. Key facts from the ongoing case

  2. Legal provisions governing aviation accident inquiries

  3. Constitutional issues raised

  4. Relevant judicial precedents

  5. Concerns raised by pilots' associations and petitioners

  6. The Supreme Court’s observations so far

Centre’s Clarification Before the Supreme Court

Appearing for the government, Solicitor General Tushar Mehta informed the Supreme Court that there was no attempt to apportion blame on any individual during the AAIB’s investigation into the Air India Dreamliner crash.

He emphasised that the inquiry strictly follows international civil aviation norms under the International Civil Aviation Organisation (ICAO) framework. India, as a contracting state, is obligated to comply with Annex 13 of the Chicago Convention, which lays down globally accepted procedures for accident investigation.

Supreme Court’s Position on the Purpose of Aviation Accident Inquiries

A bench comprising Justices Surya Kant and Joymalya Bagchi reiterated that the primary objective of an AAIB inquiry is not to fix responsibility. Instead, the purpose is:

• To identify the cause of the accident
• To recommend safety measures
• To prevent recurrence of similar incidents

The Court stated that such investigations are preventive and procedural, not punitive.

Petition by Pilot’s Family and Pilots’ Federation

One of the key petitioners is the father of Captain Sumeet Sabharwal, the pilot who perished in the crash. Represented by senior advocate Gopal Sankaranarayanan, the petition argues:

• The initial AAIB findings indicating possible human error were defective
• Evidence of potential electrical or systems failure was ignored
• Inferring pilot error without ruling out mechanical malfunction unfairly maligns the deceased pilots
• A court-monitored probe is necessary to restore public trust

The Federation of Indian Pilots supports the petition, stating that premature or selective conclusions risk damaging the reputation of the cockpit crew and erode confidence in the investigation process.

Demand for Court of Inquiry and Safety Concerns

Advocate Prashant Bhushan, appearing for NGO Safety Matters Foundation, argued that:
• A court of inquiry, not only an AAIB probe, is required for a tragedy of this magnitude
• Several electrical anomalies have been reported globally in Boeing 787 models
• Continuing to fly the aircraft without a comprehensive probe poses a serious threat
• Passengers and crew remain at risk without corrective action

The petitioners stress that aviation safety cannot rely solely on a preliminary report.

Preliminary AAIB Findings: Key Technical Details

According to the AAIB’s July 12 preliminary report:

• Both engine fuel control switches moved from RUN to CUTOFF seconds after takeoff
• This led to a sudden loss of thrust
• The cockpit voice recorder captured one pilot questioning the cutoff
• The Ram Air Turbine (RAT) deployed automatically
• One engine partially recovered after switches returned to RUN
• Despite attempts, the aircraft failed to regain altitude
• A Mayday call was recorded but the aircraft crashed moments later

Media reports, such as one by The Wall Street Journal, attempted to link the captain to the fuel cutoff, but the AAIB strongly rejected the claims as speculative and irresponsible.

Concerns Over Selective Disclosure and Pilots' Reputation

In earlier hearings, the Supreme Court expressed concern that:
• Selective or incomplete public disclosure from the preliminary report wrongly implied pilot error
• Families of deceased pilots should not bear additional stigma
• No government document had concluded that pilots were at fault

In November, Justice Surya Kant reassured the petitioner that “whatever could be the reason for the tragedy, it is not the pilots.”

International and Domestic Legal Framework

International Civil Aviation Organisation (ICAO) – Annex 13

The investigation follows Annex 13 (Chicago Convention), which mandates:
• Independent technical investigation
• Objective assessment without blame-fixing
• Identification of causes and safety recommendations
• Participation of states of design, manufacture, and registry (India, US, UK, Boeing representatives participated)

Aircraft (Investigation of Accidents and Incidents) Rules, 2017

These rules empower the AAIB to:
• Conduct independent investigations
• Determine causes
• Make safety recommendations

Rule-based mandate: Non-punitive, preventive, and technical.

Aircraft Act, 1934

Provides overarching statutory authority over civil aviation safety and rulemaking in India.

Constitutional Provisions Potentially Implicated

Although aviation accident inquiries are technical, constitutional issues arise when:

• Article 14 – Right to equality

  • Ensuring equal and impartial investigation
    • Article 21 – Right to life and dignity

  • Families deserve a fair, stigma-free inquiry

  • Passengers' safety is a state obligation
    • Article 300A – Right to compensation (if state negligence is proven)

Any flawed investigation may violate Articles 14 and 21 by depriving families and the public of a trustworthy process.

Judicial Precedents Relevant to the Issue

Narmada Bai v. State of Gujarat (2011)

Courts emphasised the need for independent and credible investigation in sensitive matters.

Supreme Court in ONGC v. Saw Pipes (2003)

Highlighted that safety standards in technical fields must meet statutory thresholds.

Tehseen Poonawalla v. Union of India (2018)

Held that the State has a duty to maintain procedural fairness and prevent public misinformation that causes stigma.

Lalita Kumari v. Govt. of Uttar Pradesh (2014)

Stressed the importance of proper preliminary inquiry and adherence to procedure.

These judgments collectively underline the importance of free, fair, unbiased, and transparent investigations.

Supreme Court’s Consistent Stance: Aviation Inquiries Must Be Free and Fair

During a September hearing, the bench stated that:
• Accident investigations must be free, fair, impartial, and expeditious
• Involvement of DGCA officials on the AAIB committee may create a perception of conflict of interest
• Selective disclosure of preliminary findings can distort facts and harm reputations

The Court continues to monitor the matter closely while allowing the AAIB to proceed with its technical investigation.

Conclusion: The Need for Transparency and Confidence in Aviation Safety

The Air India crash has triggered not only an investigation but a national debate on transparency, accountability, and aviation safety. As the AAIB continues its technical inquiry under international norms, the Supreme Court’s oversight ensures that the process remains fair and free from blame attribution.

With lives lost, reputations at stake, and public confidence in commercial aviation on the line, the final investigation must be comprehensive, evidence-based, and impartial.


Location: Pune, Maharashtra, India

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