The family of Captain Sabharwal, one of the pilots killed in a fatal air crash, has moved the Supreme Court seeking a court-monitored inquiry, alleging that the government’s probe into the tragedy was “biased, incomplete, and technically defective.” The petition, backed by the Federation of Indian Pilots, challenges the credibility of the official findings and calls for an independent investigation headed by a retired Supreme Court judge.
Questions Over ‘Defective’ Official Inquiry
In a petition filed before the Supreme Court, the family of Captain Sabharwal has accused the official investigation conducted by the Aircraft Accident Investigation Bureau (AAIB) and the Directorate General of Civil Aviation (DGCA) of being “defective” and “biased.” The plea contends that the inquiry prematurely attributed the cause of the accident to pilot error, ignoring key technical and systemic evidence.
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According to the petition, the activation of the Ram Air Turbine (RAT) — an emergency power generator that automatically deploys when both primary and backup electrical systems fail — occurred before the pilots made any control inputs. This, it argues, suggests a possible electrical or software malfunction, rather than a lapse in piloting.
The petition also cites the failure of the Emergency Locator Transmitter (ELT), which did not activate upon impact, as proof of a broader electrical breakdown. It further criticizes investigators for not examining the flight data recorder more closely, noting that its protective casing was found melted but without soot deposits — a discrepancy the family describes as a serious investigative lapse.
Claims of Bias and Conflict of Interest
The plea alleges that the AAIB’s preliminary report was “incomplete” and “influenced,” as the investigating officers were drawn from agencies such as the DGCA and state aviation departments, which are themselves responsible for regulating and overseeing civil aviation safety.
“Such a composition raises serious concerns,” the petition states, arguing that those responsible for oversight were effectively investigating their own lapses. The inclusion of Boeing and General Electric representatives in the probe, the plea claims, further undermines its impartiality.
This alleged conflict of interest, the petitioners argue, compromises the credibility and reliability of the findings and has led to the unjust stigmatization of the deceased pilots. The family maintains that the investigation’s structure violated the principles of natural justice, as the officers lacked independence from the agencies under scrutiny.
A Call for Independent Oversight
To ensure accountability and transparency, the petitioners have asked the Supreme Court to issue an order under Article 32 of the Constitution, constituting a judicially monitored inquiry led by a retired Supreme Court judge. They have also sought the inclusion of independent aviation and technical experts to conduct a “fair, transparent, and technically robust” investigation.
On September 22, the Supreme Court, while hearing a related petition, criticized the “selective release” of the AAIB’s preliminary findings and warned media outlets against publishing speculative reports blaming the pilots before the inquiry’s completion. A Bench of Justices Surya Kant and N. Kotiswar Singh had issued notices to the Union Government and the DGCA, emphasizing the need for an impartial and expert-led probe.
However, the Court stopped short of intervening directly, stating that it would not act prematurely given the ongoing nature of the investigation and the lack of public disclosure of its findings.
The Case for Accountability and Aviation Safety
The petition is supported by the Federation of Indian Pilots (FIP), representing more than 6,000 aviators nationwide. The FIP and Captain Sabharwal’s father, Pushkar Raj Sabharwal, have argued that the inquiry unfairly fixated on pilot error and disregarded evidence pointing to technical or design-level failures.
Captain Sabharwal, who had over 30 years of flying experience and more than 15,000 flight hours, was regarded as one of the most seasoned Boeing 787 commanders. “The inquiry team, rather than undertaking a comprehensive technical investigation, appears to have disproportionately focused on the deceased pilots, who can no longer defend themselves,” the plea states.
The petitioners assert that such an approach not only tarnishes the reputation of the deceased crew but also undermines public confidence in aviation safety. They argue that the failure to pursue a comprehensive inquiry violates the right to life and dignity under Article 21 of the Constitution.
