The family of the late Captain Sumeet Sabharwal, who was piloting the Air India Boeing 787 Dreamliner that tragically crashed on June 12 shortly after takeoff from Ahmedabad, has taken legal action. Along with the Federation of Indian Pilots (FIP), they have filed a petition with the Supreme Court, advocating for a judicial inquiry into the accident. The petition also requests the termination of the ongoing investigation conducted by the Aircraft Accident Investigation Bureau (AAIB).
Filed under Article 32 of the Constitution, the petition seeks the formation of a committee, to be led by a retired Supreme Court judge and composed of independent aviation experts. This committee would be responsible for conducting a fair and transparent investigation into the crash. The petitioners argue that the AAIB’s preliminary report is flawed, biased, and incomplete, as it points to pilot error without adequately considering critical technical and systemic factors that warrant further examination.
The accident occurred on June 12 when an Air India Boeing 787-8, en route to London Gatwick from Ahmedabad, crashed into a building shortly after departure. The crash resulted in the deaths of 260 people, including 19 individuals on the ground. Of the 242 people on board, only one passenger survived.
Initial findings from the AAIB suggested that both engines were inadvertently shut down during the initial ascent, leading to a loss of thrust and the subsequent crash. The report indicated that while the aircraft achieved normal takeoff parameters, the fuel control switches for both engines were moved to the ‘CUTOFF’ position within seconds of becoming airborne, thereby halting fuel supply and shutting down the engines. The report also noted an exchange where one pilot questioned the other’s action, with the latter denying responsibility.
Pushkar Raj Sabharwal, Captain Sabharwal’s father, and the FIP, representing approximately 6,000 pilots, are pushing for the current probe to be invalidated and for all related records to be transferred to a judicially overseen committee. They contend that an independent, expert-led investigation is essential to ensure accountability, rebuild public trust, and prevent future tragedies.
The petition highlights Captain Sabharwal’s extensive experience, with over 30 years of incident-free flying and more than 15,000 flight hours, positioning him as one of the most experienced commanders on the Boeing 787 fleet. It argues that the ongoing investigation is unfairly biased against the deceased pilot, who cannot defend himself. Furthermore, it asserts that a one-sided inquiry not only damages his reputation but also compromises public safety by failing to identify the true cause of the crash.
Several discrepancies in the preliminary report are also raised. The petition notes that the aircraft’s Ram Air Turbine (RAT), an emergency power generator, deployed before any pilot inputs were made, suggesting a potential electrical or software malfunction. The failure of the Emergency Locator Transmitter (ELT) to activate after impact is cited as further evidence of a system-wide electrical failure.
Captain Sabharwal’s father has also questioned the report’s claim that both engine fuel control switches were moved to ‘CUTOFF’ within one second, deeming such synchronized manual action implausible during takeoff. The petition suggests this sequence is more indicative of an automatic command or a digital error rather than a deliberate pilot action. The failure to analyze the damage to the flight data recorder, whose casing was found melted without soot, is also noted as a significant omission.
Furthermore, the petition argues that the composition of the five-member AAIB investigation team, which includes officials from the Directorate General of Civil Aviation (DGCA) – an entity whose oversight is also under scrutiny – violates the principles of natural justice. The inclusion of representatives from Boeing and GE, manufacturers of the involved equipment, is also seen as compromising the investigation’s independence.
Finally, the petition expresses concern over the unauthorized release of cockpit voice recordings to the media, which violates regulatory rules. It alleges that selective leaks have led to negative media portrayals of Captain Sabharwal, infringing upon his right to dignity and reputation under Article 21 of the Constitution.