Supreme Court Seeks Centre, DGCA Response on Impartial Probe Into Air India Crash

The Supreme Court on Monday asked the Union government and the Directorate General of Civil Aviation (DGCA) how they plan to ensure a “free, fair, impartial and expeditious” investigation into the Air India crash near Ahmedabad on June 12, which killed 229 passengers, all crew members, and 19 people on the ground. The court also considered the need for a court-monitored probe by an independent investigator.

A bench of Justices Surya Kant and N. Kotishwar Singh issued notices to the Centre and DGCA, directing responses within two weeks to a petition filed by the Safety Matters Foundation. The petition criticized the public release of a preliminary DGCA report that suggested one of the pilots may have caused the crash by moving fuel control switches from “RUN” to “CUTOFF” seconds after takeoff.

Advocate Prashant Bhushan, representing the petitioner, said that over 100 days after the crash, there was “no clarity on what happened, why it happened, and what precautions are to be taken,” putting passengers of similar aircraft at risk. He also highlighted a potential conflict of interest, noting that three of the five members on the probe panel belonged to the DGCA, the authority under scrutiny.

The bench acknowledged the need for an impartial inquiry but questioned the demand for full public disclosure at this stage. “You want an impartial inquiry, and we understand it. But why do you want everything to come in the public domain?” it asked. Bhushan insisted that the flight data recorder be released, but the court noted that such material should only be shared after the inquiry concludes to avoid premature leaks that could harm families and distort facts.

The court described selective disclosures in the preliminary report as “very unfortunate” and stressed that investigations should be conducted “expeditiously without giving anyone the opportunity for rumour or misrepresentation,” adding that air mishaps are sometimes exploited by rival airlines to tarnish reputations.

The notice to the government and DGCA was limited to ensuring a “free, fair, impartial and expeditious investigation by an expert body,” with no decision yet on public disclosure.

The crash involved Air India Flight AI-171, carrying 230 passengers and 12 crew members. Investigations by the Aircraft Accident Investigation Bureau, with input from the US NTSB, UK Air Accidents Investigation Branch, and Boeing, revealed that the fuel control switches moved to “CUTOFF” seconds after takeoff, resulting in loss of thrust. A Mayday call was recorded before the crash, and although one engine partially recovered, the aircraft could not regain altitude.

The petition also noted a 2018 FAA advisory on possible disengagement of the fuel control switch locking feature for the same aircraft model, which was not mandatory, and compliance was not ensured.

The Safety Matters Foundation emphasized the broader significance: ensuring accountability and preventing future disasters to safeguard air travellers.