Pushkaraj Sabharwal, the 91-year-old father of the late Captain Sumeet Sabharwal, along with the Federation of Indian Pilots, has taken a significant step by appealing to the Supreme Court. They are seeking a comprehensive, court-monitored inquiry, led by a retired Supreme Court judge and supplemented by independent aviation and technical experts, into the devastating Air India flight AI171 crash in Ahmedabad on June 12, which tragically claimed 260 lives. The plea emphasizes the critical need for a ‘fair, transparent, and technically robust’ investigation, asserting that an incomplete or prejudiced inquiry not only endangers future passengers but also fundamentally compromises aviation safety, thereby violating constitutional rights.
This move comes after the Supreme Court, on September 22, noted serious concerns regarding certain aspects of the Aircraft Accident Investigation Bureau’s (AAIB) preliminary report. That report had suggested pilot lapses and prompted the court to issue notices to the Centre and the Director General of Civil Aviation (DGCA) in response to an earlier demand for an independent probe. The new petition, filed on October 10 through AP&J Chambers, specifically names the Union Ministry of Civil Aviation, the DGCA, and the Director General of the AAIB as respondents. It is anticipated to be heard after the Deepavali vacation. The petitioners contend that the official investigation by the AAIB and DGCA is ‘defective, biased, and technically unsound.’ They highlight that the preliminary report, released on July 12, 2025, unfairly attributed the crash solely to pilot error, allegedly disregarding critical systemic and technical malfunctions. The inquiry team, instead of conducting a thorough technical analysis, appears to have disproportionately focused on the deceased pilots, who are unable to defend themselves, while overlooking potential electrical, software, or design-level issues. Such an approach, the plea states, not only tarnishes the reputation of the deceased crew but also gravely undermines overall aviation safety and the fundamental right to life and dignity.
The ill-fated Air India flight, a Boeing 787-8 Dreamliner, departed from Ahmedabad en route to London Gatwick but crashed mere minutes after takeoff. The impact occurred at the B.J. Medical College hostel, less than a nautical mile from the runway’s end. The wide scattering of debris, spanning an area of nearly 1,000 by 400 feet, indicated a high-energy impact. Crucially, the Emergency Locator Transmitter (ELT) failed to activate, and both the pilot-in-command, Captain Sumeet Sabharwal, and co-pilot, Captain Clive Kunder, tragically perished in the incident.
The petition implores the Supreme Court to issue an appropriate writ or order under Article 32 of the Constitution of India, advocating for a judicially monitored committee or Court of Inquiry. This body would be led by a retired Supreme Court Judge and include independent aviation and technical experts to ensure a truly ‘fair, transparent, and technically robust’ investigation. Furthermore, it seeks for all prior investigations into the crash, including the preliminary report dated July 12, to be deemed closed, with all relevant materials, data, and records transferred to the newly formed committee.
Captain Sumeet Sabharwal’s father highlighted his son’s impeccable career, spanning over 30 years and accumulating 15,638 hours of incident-free flying, including 8,596 hours on the Boeing 787-8 aircraft, without any reported lapses or fatal incidents. He argues that the current investigative approach has failed to adequately explore other plausible technical and procedural factors related to the Boeing aircraft that could have contributed to the catastrophe.
A key point of contention in the petition is the composition of the five-member investigation team, which is deemed ‘manifestly illegal and void.’ The plea asserts that the team violates the fundamental principle of natural justice, ‘nemo judex in causa sua’ (no one should be a judge in their own cause). It points out that the team is heavily dominated by officers from the DGCA and other state aviation authorities, whose own procedures, oversight, and potential shortcomings are directly under investigation. This conflict of interest, coupled with the involvement of representatives from Boeing and General Electric, significantly compromises the impartiality, credibility, and reliability of the report, according to the petitioners.