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'Do not blame the pilot': SC notice to Centre on 91-year-old father's Air India crash plea

'Do not blame the pilot': SC notice to Centre on 91-year-old father's Air India crash plea

Mathrubhumi English 5 months ago

New Delhi: The Supreme Court on Friday issued a notice to the Union government in response to a petition filed by Pushkaraj Sabharwal, the 91-year-old father of Captain Sumeet Sabharwal, who was the pilot-in-command in the fatal Air India Ahmedabad crash that occurred earlier this year.

The plea seeks the constitution of an independent, judicially monitored committee headed by a retired Supreme Court judge to investigate the circumstances that led to the crash, which claimed multiple lives and raised serious concerns about aviation safety and accountability.

The plea before the Supreme Court

In his petition, Pushkaraj Sabharwal emphasised the need for transparency and independence in the investigation, arguing that an internal or administrative probe would not suffice given the gravity of the incident and its potential implications for public safety.

The petitioner urged the court to ensure that the findings are free from institutional bias and that corrective measures are implemented to prevent such tragedies in future.

The Supreme Court on Friday observed that no blame could be attributed to the pilot of the Air India flight to London that crashed in Ahmedabad in June, claiming 260 lives. A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi was hearing a petition filed by Pushkar Raj Sabharwal, father of Commander Sumeet Sabharwal, seeking an independent judicial probe into the tragedy.

According to LiveLaw, Senior Advocate Gopal Sankaranarayanan, representing the petitioner, argued that the ongoing investigation by the Aircraft Accident Investigation Bureau (AAIB) was not independent. "I am the father of the Commander of the plane... I am 91 years old. This is a non-independent investigation. It should have been independent. It has taken four months," he said, urging the Court to order a judicially monitored probe under Rule 12 of the Aircraft (Investigation of Accidents and Incidents) Rules.

Court issues notice to Union Government

The Bench issued a notice to the Union Government and stated the matter will be taken up along with a related case on November 10. Justice Surya Kant addressed the petitioner's concerns, saying, "It's extremely unfortunate, this crash, but you should not carry this burden that your son is being blamed. Nobody can blame him for anything."

Justice Bagchi also noted that there was no insinuation against the pilot in the preliminary AAIB report. "One pilot asked whether the fuel was cut off by the other; the other said no. There's no suggestion of fault in that report," she remarked.

Petition highlights systemic and safety issues

Sankaranarayanan pointed out ongoing safety concerns with Boeing aircraft globally, stressing that the Ahmedabad crash should be viewed in this broader context. Justice Bagchi observed that challenging the investigation might require questioning the statutory framework itself. "If you challenge the investigation, you have to challenge the statutory provisions of the Act itself," she said.

Court dismisses foreign media influence

The petitioner also drew attention to a Wall Street Journal report suggesting pilot error, citing an unnamed Indian government source. The Bench rejected the relevance of foreign reports. "We are not bothered by foreign reports. Your remedy should then be before a foreign court," Justice Bagchi said. Justice Kant added, "That is nasty reporting. No one in India believes it was the pilot's fault."

Supreme Court's notice to the Centre

Taking cognisance of the plea, a Supreme Court bench has issued a notice to the Centre, asking for its response on whether it supports the formation of a judicial inquiry into the crash. The case is likely to be listed for hearing in the coming weeks.

Legal experts say the outcome could set an important precedent for how aviation accidents are investigated in India, especially in cases involving national carriers.

In October, Mint reported that Pushkaraj Sabharwal had moved the apex court, demanding an independent judicial probe into the June crash. He had stressed that only a court-monitored investigation could restore public confidence in the aviation sector.

As the Supreme Court takes up the matter, families of the victims await a transparent and fair inquiry into what led to the loss of lives aboard the Air India flight.

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