Confidentiality Is Very Important: Supreme Court While Hearing PIL Seeking Black Box Data Disclosure And Independent Probe Into Ahmedabad Flight Crash

Today, the Supreme Court, while hearing the PIL filed by Safety Matters Foundation regarding the Air India Flight AI171 crash in June, 2025, remarked that confidentiality is very important in such matters and that the final conclusion of the enquiry must be brought into the public domain.

The Public Interest Litigation was filed seeking the release of the information from the flight data recorder of the aircraft that would clear the air over the cause of the accident.

The Bench of Justice Surya Kant and Justice N. Kotiswar Singh heard the matter and remarked that confidentiality is very important in such matters since it could possibly affect the privacy of the relatives of the deceased pilots.

Advocate Prashant Bhushan, appearing on behalf of Safety Matters Foundation, an organisation working in the field of aircraft safety in India, submitted that the Petition was about the Air India crash that happened in June, 2025.

"It's now been more than hundred days since the crash happened and in hundred days all that is done is that one preliminary enquiry report was released after a month of the crash. That report does not give any guidance about what may have happened, what precautions to be taken, etc.", submitted Bhushan.

Further, Bhushan informed the Apex Court that the Air Draft Act creates two bodies. One is the Directorate General of Civil Aviation (DGCA), whose job is to review the safety of aircrafts, give guidance and to regulate the safety of aircrafts.

Bhushan also mention about the existence of the Aircraft Accident Investigation Bureau (AAIB) and submitted that the investigation has to be done either by the AAIB or a separate investigation agency, which may be a judicial investigation.

"What they have done in this case is that they have appointed a five member team to investigate this. Three of the members are the serving officers of the DGCA, which creates a very serious conflict of interest because in this accident, the role of the DGCA is also involved. So, how can three officers of the same organisation, whose role is likely to be examined be there", Bhushan argued.

Upon which, Justice Kant asked, "Why are they (Petitioner) asking for so many things to come out in public domain?"

To which Bhushan replied that there were two things that had been asked for and said, "One is details of the Flight Data Recorder..."

Justice Kant said, "That comes only when the regular enquiry is complete...it is not advisable to release, it is most crucial evidence."

Bhushan submitted that there were cryptic sentences in the preliminary enquiry report (conversation between pilots) and the same was pointed out by the international media to make a case.

"That's really unfortunate", remarked Justice Kant.

Bhushan further submitted that there was no issue of privacy to be protected as the identity of the pilots and crew was already known.

Bhushan referred to the part report which mentioned that one of the pilots had asked the other pilot, "Why did you cut off the fuel? To which he replied that he did not cut off the fuel" and submitted that it has given rise to a tenacious narrative towards the pilots.

"Flight Data Recorder would allow all these independent people to find out what was the real cause of the accident", submitted Bhushan.

However, Justice Kant said that confidentiality has to be maintained till the regular enquiry is concluded and taken to a logical conclusion. "Only the final outcome of the enquiry should be brought in the public domain", suggested Justice Kant.

Bhushan continued to urge that there is no information as to what precautions had to be taken while using the Boeing Aircrafts. He further submitted that the Petitioner is also requesting for an independent investigation.

Thereafter, Justice Kant issued notice to the Centre and DGCA and sought their response in the PIL.

Justice Kant also remarked that "very unfortunate and irresponsible" kinds of reports have been published by the media with regard to the crash.

Bhushan again submitted that if information were available to independent bodies, they might find out conclusively what the actual fault was.

"Let us see... But confidentiality is very important in such matters. Yes, the last conclusion must be brought into the public domain", said Justice Kant.

To which, Bhushan said only the Flight Data Recorder needs to be brought out into the public domain.

"So many parallel theories will come", Justice Kant said. Bushan responded by saying that various theories will nevertheless eventually come.

Cause Title: Safety Matters Foundation V. Union of India