Supreme Court to examine fairness of Air India crash probe

The Supreme Court on Monday (September 22) agreed to examine whether necessary steps are being taken to ensure a fair and impartial investigation into the Air India crash on June 12 that killed 260 people.

Notice to Civil Aviation Ministry, AAIB, DGCA

A bench of Justices Surya Kant and N Kotiswar Singh sought a response from the Civil Aviation Ministry, the Aircraft Accident Investigation Bureau (AAIB), and the Directorate General of Civil Aviation (DGCA) in this regard. The top court issued the notice on a PIL filed by Safety Matters Foundation, an NGO working for promoting aviation safety.

“Issue notice to the respondents for the limited purpose of ensuring a free, fair, impartial, independent and expeditious investigation," the court ordered,” as quoted by Bar and Bench.

The court further stated that if blame for the accident is prematurely attributed to human error instead of documented mechanical vulnerabilities of the aircraft, the credibility of the probe could be compromised.

Also Read: Air India Ahmedabad crash: Pilot’s father seeks formal probe, slams AAIB report

Slams selective leak of the preliminary report

The court also criticised the selective leak of the preliminary inquiry report into the Air India crash in Ahmedabad that started a media narrative claiming that pilot error was behind the crash of Air India flight AI171 on June 12, describing it as “unfortunate” in an oral observation. The top court further stated that it was crucial to maintain confidentiality till the investigation is complete.

During the hearing, advocate Prashant Bhushan, appearing for the petitioners, argued that out of the five-member team set up to probe the Air India crash, three members are serving officers of the DGCA. Bhushan argued that this was a serious conflict of interest, as the role of DGCA itself is under the scanner.

Also Read: Exclusive | Did Boeing’s machine fail in Air India 171 crash? A chilling sequence of possibilities

Terms probe report leak 'unfortunate'

Responding to the petitioners’ plea that the information in the Flight Data Recorder be disclosed, Justice Kant said it was not advisable to release the data prematurely. When Bhushan said pilots and family members of victims have contacted him expressing concern over a cryptic sentence in the preliminary report that suggested a pilot had asked another why fuel was cut off, adding that this was latched on to by the international media to build a narrative on pilot error.

“That was very unfortunate. Instead of piecemeal leaking of information, somebody should maintain confidentiality till a regular inquiry is taken to a logical conclusion,” said Justice Kant as quoted by Live Law.

“When this kind of tragedy happens, one airline would be blamed. Boeing and Airbus will not be attributed with fault, and so the entire airline is run down,” added Justice Kant.

Also Read: Ahmedabad Air India crash victim’s son sues Boeing in US court

'Irresponsible reporting'

During the hearing, Bhushan pointed out that even before the preliminary report was officially released, many media stories even claimed that a pilot was suicidal.

Justice Kant responded, saying, "Very irresponsible kind of [reporting]...confidentiality is the most important thing in these matters.”

At the conclusion of the hearing, the Court issued notice to the respondents on the limited prayer for “free, fair, impartial, expeditious and independent investigation by an expert body,” reported Live Law.