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'AAIB inquiry not for assigning blame': SC on Air India crash probe, seeks govt's response on fresh probe
The plea argues that the initial AAIB findings suggesting possible “human error” were flawed and overlooked evidence of possible electrical or systems failure.
The Supreme Court on Thursday said that the Aircraft Accident Investigation Bureau's inquiry into the case is not to assign blame to anyone while issuing a notice to the Centre in the Air India plane crash case. The top court sought the Centre's response to the petition filed by the father of Captain Sumit Sabharwal, one of the pilots who died in the tragedy, who is asking for an independent court-monitored inquiry into the crash.
The Central government told the SC that the investigation into the Ahmedabad crash that killed over 240 people is being carried out in line with International Civil Aviation Organisation (ICAO) standards, which set the statutory framework for air crash investigations.
The SC has also directed the petitioners, the father of Sabharwal and the NGO Safety Matters Foundation, to file their counter-affidavits responding to the government’s position.
Supreme Court on Air India plane crash probe
A bench comprising Justices Surya Kant and Joymalya Bagchi was hearing the plea on the crash investigation. The petition, filed by the deceased pilot’s father and the Safety Matters Foundation, alleges that the way the Aircraft Accident Investigation Bureau has carried out the inquiry goes against the fundamental rights to life, equality and truthful information.
The plea argued that the preliminary AAIB findings suggesting possible “human error” were flawed and overlooked evidence pointing to a possible electrical or systems failure. On July 12, the preliminary report said both engine fuel control switches moved from RUN to CUTOFF seconds after takeoff, causing a loss of thrust.
Appearing for the Centre, solicitor general Tushar Mehta said the investigation was being carried out in accordance with international civil aviation norms and that there is a “clear regime” under the International Civil Aviation Organisation (ICAO) conventions.
“Suppose some foreigners were also victims. Those countries send their representatives for the investigation. There is no blame attributed to anyone. Since there was some misconception after the preliminary report, the ministry of civil aviation issued a press note clarifying that no one has been blamed,” he added.
The Supreme Court also said that the purpose of the inquiry is not to assign blame, but to find the cause of the incident so it can be avoided in future. “The purpose of the AAIB inquiry is not to apportion blame. Its object is to clarify the cause and give recommendations so that the same does not happen again,” the bench said while granting the Centre time to file a detailed response.
Justice Kant said the proceedings should not turn into a dispute between two airlines and instructed Mehta to file a response to the petition submitted by the deceased pilot’s father.
The bench has adjourned the matter for further hearing after two weeks.
The Air India flight AI-171 crash of June 12 killed over 250 people, including all 12 crew members and 19 people on the ground.
