Air India plane crash investigation: Lawyers oppose sending black box abroad
In a formal representation sent to the Ministry of Civil Aviation, the Directorate General of Civil Aviation (DGCA), Air India, and Boeing India, the lawyers have urged that the investigation remain entirely under Indian jurisdiction. Khaleej Times has reviewed the document, signed by advocate Vivek Agarwal on behalf of 12 Supreme Court and Delhi High Court lawyers, including Dr Saif Mahmood, Ishita Garg, and Agarwal himself.
On June 12, Air India Flight AI 171, a Boeing 787-8 Dreamliner bound for London Gatwick, crashed shortly after take-off from Ahmedabad. The disaster killed 241 people, including nearly all on board and 19 on the ground, making it the deadliest accident involving a Boeing 787 since the aircraft entered service in 2011.
The lawyers argue that any involvement by Boeing in analysing the black box data presents a conflict of interest. 'Allowing the black box to be sent to the very manufacturer whose equipment is under scrutiny risks an egregious conflict of interest and creates serious apprehensions of suppression, manipulation, or loss of crucial evidence,' the representation states.
They cite growing global scrutiny of Boeing's manufacturing standards and safety practices, particularly following investigations and whistleblower claims related to its 737 MAX and other models.
The representation also emphasises that the crash investigation is governed by India's Aircraft (Investigation of Accidents and Incidents) Rules, 2017 and falls squarely under Indian jurisdiction. Citing Annex 13 of the International Civil Aviation Organisation (ICAO) Convention, the lawyers stress that India, as the state of occurrence, holds primary responsibility for the probe.
While cooperation with the United States, as the state of manufacture, is standard under ICAO norms, they argue it must take place strictly under Indian oversight. Any transfer of the black box abroad, especially without a bilateral legal framework, could undermine the investigation's credibility and complicate legal admissibility.
The lawyers assert that India has the technical expertise to analyse the recorders. If Boeing requires access, they say, the company should send its experts and tools to India. 'The proper course is for such entities to send their experts and tools to India… rather than extract critical forensic evidence outside the jurisdiction,' the letter states. They also call for strict chain-of-custody protocols if Boeing personnel access the recorders in India.
'Black box — heart of the truth'
Dr Saif Mahmood, one of the lead signatories, said, 'The black box is not merely a technical instrument but the heart of the truth behind this tragedy. Every second of data it holds may speak for those who cannot speak anymore. Allowing this vital evidence to be removed from Indian soil, especially to a manufacturer facing global questions about its safety practices, risks undermining the faith that Indian citizens place in their democratic institutions to deliver justice independently and transparently.'
Farhat Ali Khan, who is a partner of Dr Saif Mahmood at CMI & Co Legal LLP, New Delhi, and CMI Legal Consultancy in the UAE, said: 'This is a question of sovereignty and institutional dignity. Given recent concerns about Boeing's manufacturing and safety record, entrusting critical evidence to them could erode public trust in the investigation, particularly for a public sector entity like Air India.' Khan also added, "Families of the victims must receive exemplary compensation that upholds their dignity and reflects their full legal rights, both under the Montreal Convention and beyond. They should not be pressured into early settlements without a clear understanding of their entitlements and legal options.'
Last month, the Ministry of Civil Aviation confirmed that the Aircraft Accident Investigation Bureau (AAIB) launched a formal inquiry into the crash on June 13. A multidisciplinary team was formed, including representatives from the US National Transportation Safety Board (NTSB), as per ICAO guidelines. The black boxes were recovered and flown to Delhi. Data extraction began on June 24 at the AAIB lab in the presence of Indian and NTSB experts. The memory modules were successfully retrieved, and analysis is underway.
The ministry said all procedures are being conducted in accordance with Indian law and international obligations.
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