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The Supreme Court of India on Monday sought responses from the Union government and the Directorate General of Civil Aviation (DGCA) regarding measures to ensure a “free, fair, impartial, and expeditious” investigation into the tragic crash of Air India Flight AI-171 in Gujarat on June 12. The court also addressed the need for a potential court-monitored probe by an independent investigator, following a petition filed by the Safety Matters Foundation.

A bench comprising Justices Surya Kant and N Kotishwar Singh issued notices to the Centre and the DGCA, directing them to submit their responses within two weeks. The petition criticised the DGCA’s preliminary report, which suggested that one of the pilots may have caused the crash by moving the fuel control switches from “RUN” to “CUTOFF” seconds after takeoff, leading to a loss of thrust. The bench described the public release of this report as “unfortunate” due to its implications for the pilots involved.

 

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During the hearing, advocate Prashant Bhushan, who is representing the petitioner, pointed out that 102 days have gone by since the crash, but there is still no clear information about why it happened, what caused it, or what steps should have been taken to prevent it. He claimed that the lack of transparency puts passengers on similar aircraft at risk. Peshan also pointed out a conflict of interest in the investigation panel, mentioning that three of its five members are linked to the DGCA, an agency currently under review for supposed negligence.

The court acknowledged the call for an impartial inquiry but expressed reservations about making all details public before the investigation’s conclusion. “You want an impartial inquiry, and we understand it. But why do you want everything to come in the public domain?” the bench asked Bhushan. When he insisted on public disclosure of the flight data recorder, the court responded, “That can come only after the regular inquiry is over. It may not be advisable to make everything public at this stage.”

 

Bhushan pointed out that the preliminary report’s selective blame on the pilots was problematic, prompting the court to call it “very unfortunate”. The bench emphasised the need for confidentiality to protect the privacy and dignity of the deceased pilots’ families, stating, “That is why we say some confidentiality has to be maintained. Privacy and dignity must be respected, because even though the pilots are no more, their families are still there and will be affected by such leaks.”

The court warned that premature disclosures could lead to misrepresentations and distort the investigation’s findings. “Instead of selective leaks, the final outcome of the inquiry should come out. Of course, the inquiry has to be fair. But the inquiry should be allowed to complete for the whole picture to come out,” the bench noted. It further stressed that such investigations “should be completed expeditiously without giving anyone the opportunity for rumour or misrepresentation”, cautioning that air mishaps are sometimes exploited by rival airlines to tarnish reputations.

 

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The court clarified that its notice to the Union government and DGCA is focused solely on ensuring a “free, fair, impartial, and expeditious investigation by an expert body” and that it is not currently considering public disclosure of the probe’s details.

 

The Air India Flight AI-171, which had 230 passengers and 12 crew members on board, crashed a short time after it took off from Ahmedabad’s Sardar Vallabhbhai Patel International Airport on June 12. The disaster resulted in the loss of 229 passengers, all 12 crew members, and 19 people on the ground, with many others suffering serious injuries. The investigation, led by the Aircraft Accident Investigation Bureau of India, involved the US National Transportation Safety Board, the UK's Air Accidents Investigation Branch, and Boeing representatives. 

 

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The DGCA's initial findings showed that both engine fuel control switches were switched from "RUN" to "CUTOFF" a few seconds after takeoff, leading to a loss of engine power. The cockpit voice recorder picked up one pilot asking about the switch movement, and the other pilot said they weren't responsible. The Ram Air Turbine, a backup power system, deployed automatically, and while one engine began to recover after the switches were returned to “RUN,” the aircraft failed to regain sufficient altitude. A Mayday call was recorded moments before the crash.

The petition referenced a 2018 Special Airworthiness Information Bulletin from the US Federal Aviation Administration (FAA), which warned about a possible failure of the fuel control switch locking feature in the same aircraft model. However, following this advisory was not required, and the petition pointed out that this matter was not properly handled. 

The Safety Matters Foundation highlighted the wider significance of its appeal, noting, “This petition is important not just for addressing the current disaster but for protecting the lives of many others who still fly, believing the skies are safe.” As the Supreme Court awaits replies from the government and the DGCA, the demand for a transparent and unbiased investigation remains crucial to modern diplomatic efforts.

 

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