AI crash probe: Pilots' body slaps legal notice on AAIB over summoning of deceased Captain Sumeet Sabharwal's nephew

The Federation of Indian Pilots (FIP) has served a legal notice on the Aircraft Accident Investigation Bureau (AAIB), accusing the aviation safety watchdog of acting without jurisdiction and causing harassment by summoning a commercial pilot who, it says, has no connection whatsoever with a Air India crash that occurred last year which claimed 260 lives.

In a sharply worded notice addressed to the Director General and a senior official of the AAIB, the pilots’ body objected to the summoning of Capt. Varun Anand in connection with the investigation into the Air India Boeing 787-8 Dreamliner crash involving aircraft VT-ANB at Ahmedabad on June 12, 2025. Capt. Anand is the nephew of the deceased Pilot-in-Command, late Capt. Sumeet Sabharwal.

The notice said that Capt. Anand was informed by his employer, Air India, that he had been called by the AAIB, but without any clarity on the legal basis or purpose of the summons. “The said intimation does not disclose the statutory provision, purpose or relevance under which Capt. Varun Anand has been sought to be summoned, nor does it specify the capacity in which his presence is required,” the FIP said in the notice.

Questioning the very foundation of the summons, the pilots’ body asserted that Capt. Anand had no role, involvement or knowledge related to the accident. “Capt. Varun Anand, is a commercial pilot by profession and has no association whatsoever with the aircraft, the flight in question, its planning, dispatch, operation, maintenance, certification, airworthiness clearance or crew composition,” the notice said. It added that he was neither present at the accident site nor possessed “any factual, technical or operational knowledge relating to the circumstances of the said accident”.

The FIP went further, warning that the summoning of relatives of the deceased crew points to a troubling investigative approach. “The summoning of the nephew of the deceased pilot and his relatives, irrespective of their lack of nexus with the incident, reinforces the apprehension that such actions are not rooted in any lawful investigative necessity,” the notice said.

Citing the Aircraft (Investigation of Accidents and Incidents) Rules and ICAO Annex 13, the federation alleged that the AAIB had overstepped its mandate. “The summoning of Capt. Varun Anand, as also of other family members, is wholly without jurisdiction and contrary to the Aircraft (Investigation of Accidents and Incidents) Rules as well as ICAO Annex 13, which strictly confine accident investigations to technical, safety-oriented fact-finding and expressly prohibit attribution of blame or liability,” the notice said.

It categorically rejected the premise of calling Capt. Anand as a witness of any kind. “Capt. Varun Anand is neither a factual witness nor a technical witness nor an expert witness in relation to the said accident,” the FIP said, adding that “the sole basis for calling Capt. Varun Anand appears to be his familial relationship with the deceased Pilot-in-Command, which is impermissible in law and renders the summoning arbitrary and unsustainable”.

The notice also flagged what it describes as a dangerous shift in the direction of the probe. “Such conduct gives rise to a serious apprehension that the investigation is proceeding on a preconceived narrative seeking to portray or attribute responsibility to the deceased flight crew rather than objectively examining systemic, mechanical or operational causes,” it said.

Importantly, the pilots’ body reminded the AAIB that the matter of the investigation itself is already before the Supreme Court. “It is also pertinent to place on record that the father of Late Capt. Sumeet Sabharwal and Our Client have already approached the Hon’ble Supreme Court of India by filing a writ petition challenging, inter alia, the independence and fairness of the investigation being conducted by the Aircraft Accident Investigation Bureau,” the notice noted, adding that the issue is “presently sub judice”.

Calling the summons unwarranted and distressing, the FIP said, “the summoning of Capt. Varun Anand without adequate notice especially when he is not witness to the occurrence, is wholly unwarranted and amounts to harassment and distress in the aftermath of a tragic loss, and exposes our client to professional and reputational prejudice”.

While reserving its legal rights, the federation said Capt. Anand would cooperate. “However, Capt. Varun Anand will appear vide Video conference and shall answer any queries. Please let us know a suitable time and date when the video conference is being scheduled,” the notice said, clarifying that the reply was issued “without prejudice to all other rights and remedies available to Our Client and Capt. Varun Anand in law and equity”.