The father of late Captain Sumeet Sabharwal, who commanded the Air India Boeing 787 Dreamliner that crashed shortly after take-off from Ahmedabad on June 12, has approached the Supreme Court along with the Federation of Indian Pilots (FIP).
He has demanded a judicially monitored investigation into the crash and closure of the ongoing probe by the Aircraft Accident Investigation Bureau (AAIB), calling it “biased” and “incomplete”.
The writ petition, filed on October 10 under Article 32 of the Constitution, requests that a committee headed by a retired Supreme Court judge and comprising independent aviation experts be constituted to conduct a fair and transparent inquiry into the accident.
It alleges that the preliminary report prepared by the AAIB is “defective, biased, and incomplete” because it attributes the cause of the accident to pilot error while ignoring critical technical and systemic factors that require independent scrutiny.
‘Only an Independent Probe Can Ensure Accountability’
Capt. Sabharwal’s father Pushkar Raj Sabharwal and the Federation of Indian Pilots (FIP), which represents over 6,000 pilots, have urged that the current probe be set aside and all records transferred to a judicially monitored committee.
“Only an independent, expert-led investigation can ensure accountability, restore public confidence, and prevent recurrence of such tragedies,” the petition states.
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The petition underscores that Capt. Sabharwal had over 30 years of incident-free flying and more than 15,000 flight hours, making him one of the most experienced commanders on the Boeing 787 fleet.
It further alleges that the ongoing investigation has been prejudiced against the deceased pilot, who cannot defend himself, and that such a one-sided inquiry not only tarnishes his reputation but also poses a risk to public safety by failing to find the true cause of the crash.
Electrical Malfunction Suspected Over Human Error
The petition points to several inconsistencies in the preliminary report. It highlights that the Ram Air Turbine (RAT) — an emergency power generator that deploys automatically when both primary and backup electrical systems fail — was activated before the pilots could make any control inputs.
This, it claims, indicates an electrical or software malfunction rather than human error.
It also mentions the failure of the Emergency Locator Transmitter (ELT) to activate after impact, which further supports the theory of a complete electrical collapse.
‘Implausible Manual Action’ in Engine Cutoff
The petition questions the report’s claim that both engine fuel control switches moved from “RUN” to “CUTOFF” within one second, calling it “implausible under take-off conditions.”
It states that this sequence is more consistent with an automatic or corrupted digital command rather than deliberate pilot action.
Additionally, the failure to properly analyse the flight data recorder — whose protective casing was found melted without soot deposits — is described as a serious omission.
According to the petition, the composition of the five-member AAIB team violates the principle of natural justice, since it includes officials from the Directorate General of Civil Aviation (DGCA), whose regulatory oversight is itself under examination.
The inclusion of representatives from Boeing and GE, whose equipment was involved in the crash, is also said to compromise the independence of the investigation.
Leak of Cockpit Voice Recordings Raises Concerns
The petition raises concerns over the unauthorised disclosure of cockpit voice recordings to the media in violation of rules prohibiting their public release.
It alleges that selective leaks led to reports portraying Capt. Sabharwal negatively, amounting to a violation of his right to dignity and reputation under Article 21 of the Constitution.
Father of Sumeet Sabharwal, a pilot who died in the Air India crash, offers prayers at his son’s funeral. His petition is not just a legal plea but a personal call for transparency, accountability, and dignity for a veteran pilot.