Air India crash report likely in Oct; AAIB opposes plea in Supreme Court for parallel probe, access to cockpit recordings

The Aircraft Accident Investigation Bureau (AAIB) has told the Supreme Court that the draft final report into the June 2025 Air India Flight AI171 crash near Ahmedabad, which claimed more than 260 lives, is likely to be ready by October.

The Bureau made these submissions in its counter affidavit filed before the Court, opposing pleas seeking an independent judicial probe into the incident.

"In all probability, the investigation activities as described in paragraph 15 above, subject to the resolution of the pending external dependencies set out therein, are anticipated to be completed within approximately 6 weeks," the affidavit said.

AAIB contended that the Chicago Convention, ICAO Annex 13, the Bharatiya Vayuyan Adhiniyam, 2024 and the Aircraft (Investigation of Accidents and Incidents) Rules, 2025 together constitute a complete statutory and treaty framework governing aircraft accident investigations.

It argued that this framework vests investigative authority primarily and exclusively in the Bureau, leaving no legal basis for a parallel investigation into the crash.

"It is thus respectfully submitted that the statutory and treaty framework governing aircraft accident investigation constitutes a carefully layered legal regime... This constitutes a complete code, leaving no lacuna that could justify the creation of a parallel investigative body," the counter affidavit said.

The Bureau also opposed the petitioners' request for access to cockpit voice recorder (CVR) recordings, arguing that Rule 17(5) of the Aircraft (Investigation of Accidents and Incidents) Rules, 2025 imposes an absolute prohibition on the public disclosure of cockpit voice recordings and airborne image recordings.

"Rule 17(5) specifically and separately provides that the audio content of cockpit voice recordings as well as image and audio content of airborne image recordings shall not be disclosed to the public. This is an absolute statutory prohibition," the counter affidavit states.

The Bureau added that the petitioners' prayer seeking disclosure of cockpit voice recordings and related material was contrary to the protections under Rules 17(1) and 17(5), read with Schedule C of the 2025 Rules.

The counter affidavit was filed in response to petitions seeking an independent judicial probe into the crash.

The London-bound Boeing 787 Dreamliner crashed into the BJ Medical College hostel complex less than a minute after taking off from Ahmedabad, killing 241 of the 242 people on board and 19 others on the ground.

Among the petitioners are Pushkaraj Sabharwal, the father of deceased pilot Captain Sumeet Sabharwal, and the Federation of Indian Pilots. They have sought the formation of an independent committee, headed by a retired Supreme Court judge, to conduct a "fair, transparent and technically robust" investigation into the crash.

It is their argument that an incomplete or prejudiced inquiry would endanger future passengers and undermine aviation safety. They have also questioned the AAIB's preliminary investigation report for allegedly focusing on pilot actions without conclusive evidence.

The Bureau, however, maintained that the investigation is being conducted in accordance with the statutory and international framework governing aircraft accident investigations.

The Bureau further submitted that the investigation is not merely a domestic inquiry but an internationally governed process under the Chicago Convention and ICAO Annex 13.

It said the framework envisages the participation of the State of Registry, State of Operator, State of Design and State of Manufacture through accredited representatives, making the probe an internationally structured investigation rather than a purely domestic exercise.

"The very nature of the investigation and the peculiar nature of the legal regime mean that it takes time to reach the root cause. This is so because the investigating agency comprises representatives from more than one country, and testing and investigation also take place at various levels in different countries," it said.

The Bureau further said the purpose of an aircraft accident investigation is solely to improve aviation safety and prevent future accidents, and not to apportion blame or determine civil or criminal liability.

It further submitted that investigation activities are expected to be completed within approximately six weeks, subject to the resolution of pending external dependencies, following which the draft final report would be prepared.

The Bureau also opposed the petitioners' request for access to cockpit voice recorder (CVR) recordings, arguing that Rule 17(5) of the Aircraft (Investigation of Accidents and Incidents) Rules, 2025 imposes an absolute prohibition on the public disclosure of cockpit voice recordings and airborne image recordings.

"Rule 17(5) specifically and separately provides that the audio content of cockpit voice recordings as well as image and audio content of airborne image recordings shall not be disclosed to the public. This is an absolute statutory prohibition," the counter affidavit states.

The Bureau added that the petitioners' prayer seeking disclosure of cockpit voice recordings and related material was contrary to the protections under Rules 17(1) and 17(5), read with Schedule C of the 2025 Rules.