The Supreme Court has agreed to hear PILs challenging the official investigation into the June 12 Air India plane crash, alleging violation of fundamental rights and lack of transparency. The pleas seek a court-monitored inquiry amid concerns raised by pilots’ bodies and victims’ families over aircraft safety and selective disclosure of probe findings.
New Delhi: The Supreme Court of India on Wednesday agreed to hear a Public Interest Litigation (PIL) filed by a non-government organisation, alleging that the official investigation into the June 12 Air India plane crash violated citizens’ fundamental rights, including the right to life, equality, and the right to receive truthful information.
The PIL has been filed by NGO Safety Matters Foundation, which has raised serious concerns over the manner in which the probe into the crash of an Air India aircraft has been conducted. The aircraft involved was a Boeing 787-8 Dreamliner operating Flight AI171 from Ahmedabad to London’s Gatwick airport. The flight was commanded by Captain Sumeet Sabharwal, with Captain Clive Kunder as the co-pilot.
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The tragic crash occurred shortly after take-off from Ahmedabad, resulting in the death of 260 people. This included 241 passengers and crew members on board the aircraft.
Among those killed were 169 Indian nationals, 52 British citizens, seven Portuguese nationals, one Canadian national, and 12 crew members. The sole survivor of the crash was Vishwashkumar Ramesh, a British national.
A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi was informed that neither the Union government nor the Aircraft Accident Investigation Board (AAIB) had filed their replies in the matter so far.
Senior advocate Prashant Bhushan, appearing for the NGO petitioner, told the Court that there was growing concern within the aviation community regarding the safety of the Boeing 787 aircraft.
He stated,
“The entire pilots’ association are saying there is a problem in the Boeing 787 aircraft which needs to be grounded,”
while pressing for urgent judicial intervention.
Responding to the submissions, the Chief Justice assured that the matter would be taken up soon.
The CJI said,
“SIR (hearing on pleas related to special intensive revision of electoral rolls pleas) will be over today, and we will give you a short date,”
The Court was also reminded that on November 13 last year, it had made it clear that the deceased pilot Captain Sabharwal was not blamed in the AAIB’s preliminary report into the crash. At that time, the top court had issued notice to the Centre and the Director General of Civil Aviation (DGCA) on a plea filed by Pushkaraj Sabharwal, the father of the deceased pilot.
Pushkaraj Sabharwal, along with the Federation of Indian Pilots, has sought a court-monitored inquiry headed by a former Supreme Court judge into the incident.
The Supreme Court has been hearing three separate petitions in connection with the crash — one filed by the NGO, another by a law student, and the third by the deceased pilot’s father — all seeking an independent and transparent probe into the tragedy.
During the hearing, Bhushan argued that the scale and seriousness of the accident required a much deeper and more independent inquiry. He submitted that a parallel inquiry should be conducted similar to a court of inquiry, especially given the number of lives lost and the international implications of the crash.
He further submitted that serious aviation accidents should not be examined only through an internal investigation by the AAIB and must instead involve a judicially monitored process to ensure accountability and public confidence.
It was also pointed out that while entertaining the NGO’s plea on September 22, the Supreme Court had strongly criticised the selective publication of the AAIB’s preliminary report.
The Court had described such disclosure as “unfortunate and irresponsible”, noting that it unfairly highlighted alleged pilot lapses and led to a damaging media narrative even before the completion of a full investigation.
The matter is now expected to be listed for a detailed hearing soon, as the Supreme Court considers whether a court-monitored inquiry is required to address the concerns raised over transparency, safety, and protection of fundamental rights in one of India’s deadliest aviation disasters.
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