'Can't defend myself', father of pilot killed in Ahmedabad plane crash approaches Supreme Court

News Topical, Digital Desk : Four months after the Air India plane crash in Ahmedabad that killed 260 people, the father of Captain Sumit Sabharwal has approached the Supreme Court, seeking a judicially monitored investigation into the plane crash.

88-year-old Pushkarraj Sabharwal is the first petitioner in this case, while the Federation of Indian Pilots is the second. The petitioners allege that the initial investigation into the plane crash is deeply flawed. They claim the investigation team is focusing primarily on the pilots, who are now unable to defend themselves.

What was said in the petition?

The Aircraft Accidents Investigation Board's preliminary report stated that human error caused the accident. The petition states, "The current investigation methodology has not adequately examined or ruled out other, more credible technical and procedural factors that may have contributed to the accident." It further states, "The petitioners assert that providing false information through specific disclosures, particularly to crew members who cannot defend themselves, hinders the determination of the true cause and poses a threat to future flight safety – therefore, a neutral court opinion is required."

Questions raised in the petition

The petition questions the composition of the five-member investigation team, stating that it violates the fundamental principle of natural justice, which states that no individual can become a judge in his or her own case. It states, "The team is dominated by officers from the DGCA and state aviation authorities, whose procedures, oversight, and possible shortcomings are directly implicated in the investigation. Furthermore, the officers are placed under the control of the DG, AAIB, creating a situation where the entities responsible for regulating and overseeing civil aviation are, in effect, conducting the investigation themselves."

"Only a judicially monitored, expert investigation, independent of regulatory authorities, can fully, transparently, and credibly determine the true causes of this tragic incident, maintain accountability, and prevent such egregious failures from recurring," the petition states.

It further stated that Captain Sabharwal had "an unblemished career spanning over 30 years, with 15,638 hours of incident-free flying, including 8,596 hours on the Boeing 787-8 aircraft, and no reported fault or incident resulting in death or injury." Captain Sabharwal was the pilot-in-command of the flight, and Clive Kunder was the first officer.

The petition has sought an investigation by a judicially monitored committee headed by a retired Supreme Court judge, comprising independent experts from the aviation sector.

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