'Unfortunate, Very Irresponsible': SC Slams Report Suggesting Pilot Error In AI Crash, Issues Notice To Govt, DGCA

New Delhi: The Supreme Court on Monday issued a notice to the Union Government and the Directorate General of Civil Aviation (DGCA) in connection with a PIL seeking an independent and court-monitored investigation into the crash of London-bound Air India Flight AI171 in Gujarat, which had killed 260 people, on June 12 this year.

The SC, however, limited the scope of investigation to ensure it's free, fair, impartial and independent, and is expeditious and conducted by an expert body.

A Bench comprising Justices Surya Kant and NK Singh took up the petition that was filed by Safety Matters Foundation, alleging that the manner in which the probe had been conducted violated the fundamental rights to life, equality and truthful information.

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The court has asked the respondents to submit their replies within two weeks.

It is stated that the Aircraft Accident Investigation Bureau's (AAIB) preliminary report, attributing the crash to 'fuel cutoff switches' being moved from RUN to CUTOFF, suggests pilot error. However, crucial flight data such as the complete Digital Flight Data Recorder (DFDR) output, the full Cockpit Voice Recorder (CVR) transcript with timestamps, and the Electronic Aircraft Fault Recording (EAFR) data have been withheld.

Advocate Prashant Bhushan, who appeared for the petitioner, said it's been more than 100 days since the crash and just a preliminary report had been released. "That report does not give any guidance about what may have happened, or what precautions should be taken. As a result, all passengers who are travelling on these Boeing planes are at risk today," he said.

He further said a five-member team had been appointed to investigate the case of whom three are serving members of the DGCA. "This creates serious conflict of interest... the role of DGCA is also under the scanner. So, how can officers of that organisation whose role is likely to be examined be there in the panel?" he said.

To this, the court said, "To the extent of fair inquiry, it's understandable... but why are they asking for so many things to come in public domain?... It's not advisable to release (at this point)."

Bhushan alleged that a cryptic sentence of a pilot mentioned in the preliminary report was picked up by the international media to portray it was the pilot's error. To this, the SC said, "That was very unfortunate... very irresponsible... confidentiality is the most important thing in these matters... Instead of piecemeal leaking of information, somebody should maintain confidentiality till regular inquiry is taken to logical conclusion... inquiry should be completed promptly without giving opportunity to anyone to create rumours... or do misrepresentation... everything should be clear at the earliest..."