Justice Krishna I yer was very upset with the SC order on a PIL on AIE 812 crash where they handed over the papers to the Minisry to judge if there was a case. He wanted me to write a strong article.

1. Role of Indian Judiciary in Aviation Safety
Capt.A.Ranganathan
“The dead cannot cry out for justice. It is a duty of the living to do so for them”
Diplomatic Immunity, Lois McMaster Bujold
The best tribute I can pay Justice Krishna Iyer is by quoting from his article in the Hindu
dt. Aug.18, 2012.
Felix Frankfurter pointed out thus: “Judges as persons, or courts as institutions, are
entitled to no greater immunity from criticism than other persons or institutions.
Therefore judges must be kept mindful of their limitations and of their ultimate public
responsibility by a vigorous stream of criticism expressed with candor however blunt.”
Shouldn’t the life of an air passenger be protected under Article 21 of the constitution?
Can the judiciary shy away from their responsibility of enforcing this right? The tragic
loss of 158 innocent lives on 22nd
May 2010 at Mangalore is a painful example for judges
to reflect on. In 2003 the Supreme Court of India delegated the protection of “right to
live” to the government. On 13th
September2013, they did soft pedal their duty to enforce
this right. Immunity is the unintended gift to the government, so it seems!
Justice Mahon of New Zealand conducted an inquiry into the November 28, 1979 crash
of an Air New Zealand flight into Mt. Erebus, a volcano in Antartic. 237 sightseers and a
crew of 20 on board perished in the tragedy. The initial investigation blamed the pilots
for the fatal crash. A subsequent inquiry by Justice Mahon made one of the most
significant findings in investigation: He found that airline executives and senior
(management) pilots engaged in a conspiracy to whitewash the inquiry, famously
accusing them of “ an orchestrated litany of lies” by covering up evidence and lying to
investigators.
The Honourable Virgil P. Moshansky, C.M., Q.C., Justice of the Court of Queen's Bench
of Alberta (Ret.) gave a presentation titled The Inside Story and Legacy of Dryden at the
International Civil Aviation Organisation ( ICAO) on “The Role of Judiciary on
Aviation Safety”. There were two important observations:
1) Intensive public hearings over 20 months literally tore apart the Canadian aviation
system. Contributing factors were found not only in the cockpit but also in the carrier’s
Boardroom and its operations, the offices of the regulator as well as in faulty and
inconsistent government policies.
2) Senior CASB ( Canadian Aviation Safety Board ) member suggesting that I
undoubtedly would wish to massage investigator reports and witness interviews, which
he made clear was CASB practice. The term “massage” in this context meant to me
manipulation of accident investigator findings to fit an agenda, which later events
suggested was not to unduly disturb the aviation industry’s comfort with its own
performance.

2. Transparency, commitment to safety and compliance with the laws of aviation safety,
have made New Zealand and Canada, two of the safest aviations systems in the world.
Contrary to the claims of the government that we are a safe system, India has one of the
most unsafe environment due to corruption, cover-ups and influence peddling. Added to
this list is the inadequate understanding of aviation safety by the judiciary. Justice
delayed in other walks of life may be justice denied. Justice denied in aviation is “Right
to live” denied. An example is from our neighbour, Pakistan :
In 2011, in a case involving the fatal Air Blue crash in Margalla Hills, Peshawar High
Court (PHC) had ordered the Civil Aviation Authority to conduct a safety audit and
inspection of airplanes of all airlines and of the CAA’s ground facilities within three
months. They dithered and in 2012 another tragic crash involving Bhoja airlines killed
several lives.
Did we have to lose 158 lives in Mangalore? In the Writ Petition No. 37681 of 1997, the
petitioners said : the inevitable consequence would be that the plane will come
crashing down the hillsides from an height of 80-100 metres. The Ministry of Civil
Aviation swore that all laws are complied with. In dismissing the SLP(C)... 1172 OF
2003, the Supreme Court wrote: We, however, clarify that in constructing the Airport,
the Government shall comply with all applicable laws and also with environmental
norms. Supreme court delegated the government to ensure that lives are protected.
The Court of Inquiry report on the Mangalore crash was a “well massaged litany of
lies”. The government failed to ensure that all laws of Civil Aviation were complied with.
The aircraft crashed down the gorge by 80-100mts, just as the petitioner had
predicted in 1997. The deaths were not due to the crash but due to gross negligence on
the part of the government. The aircraft wing hit the concrete structure that was illegal,
broke, and the resultant fire engulfed the aircraft and killed 158 as the rescue did not
reach them in time. ( Fig. 1 )
The law requires that only a Frangible structure shall be permitted. The government built
a solid concrete structure. Immediately after the crash, they rebuilt the structure with
Steel girders, against all laws. ( Fig. 3) The stage managed Court of Inquiry covered up
all the deficiencies of government agencies and blamed the pilot alone. Those on board
burnt to death as the firefighting team did not reach in time. ( Fig.2)
The inquiry report had also mentioned that fatigue played a part in the delayed reaction of
the captain. This is another area that the judiciary has failed to understand the importance
of fatigue and air safety. In 2007, the Director general of Civil Aviation brought out a
new regulation on flight and duty time. This put additional requirement on airlines to
crew the aircraft. Their power equation with the ministry resulted in the ministry ordering
the cancellation of the safety related regulation. The Regulator abdicated his
responsibility to ensure safety of passengers to comply with the ministry dictat.
The pilots associations went to the Bombay High Court on this issue. The court upheld
their petition with stinging remarks against the minister and the regulator. The

3. government went on appeal and the same judge dismissed the pilots association petition.
Did the judge understand the implication of fatigue related action by flying crew? There
are several issues on aviation safety that get brushed aside by the judiciary in India. A
new low was reached in the SC order on 13/09/2013 in WRIT PETITION (CIVIL)
NO(s). 749 OF 2013 which says : may refer the matter to an expert committee to examine
and find out as to whether any suggestion made in this petition is worth acceptance
and implementation, and if so, may implement the same. To refer a PIL to the
perpetrator of the grievances is a sign of sure unwisdom.
The government had failed to comply with the laws as stated by the SC order of 2003. Do
the judges expect them to say there are suggestions that are worthwhile? This PIL was to
highlight the failure and the judges brushed it aside. The Civil Aviation Safety Advisory
Council set up to advise the government on air safety is sidelined as they point to the
failures. Several runways in India do not conform to the international standards and are in
clear violation of laws. The government has misled the courts, the parliament and the
public on safety.
Civil Aviation in India is not a well oiled machine. It is a well greased cancer. Several
regulatory appointments in crucial positions in safety oversight has the virus of conflict
of interest. Airlines and airfields are declared safe, sweeping aside the truth. Accidents
are “massaged” as incidents, to keep the slate clean. We lack independent media to be a
watchdog. Memory is short after a tragedy. The loss of 158 lives at Mangalore is
forgotten. We are sitting on a time bomb when safety is brushed aside in Mangalore,
Calicut, Jammu, Patna and Bagdogra. Lives were lost in Mangalore and Patna and there
is no accountability. Political interests and commercial interests of airlines take priority
over passenger lives. When judicial numbness to loss of lives is added, divine
intervention is our only hope.
A former chairman of ICAO, Assad Khotaite, said : “ One accident was always one too
many and a loss of one life was always one too many”. Justice Krishna Iyer graced the
Bench that swore on life. Judges turning a blind eye to aviation safety are endorsing
death penalty on innocent lives. Humane conscience is required and not blind acceptance
of government promises. The truth should never be suppressed. What Justice Mahon and
Honourable Virgil P. Moshansky expressed in their findings, are permanent features in
Indian Civil Aviation system.
Only a strong and punitive judicial message will save lives. Else, the blood of 158 souls
that departed in Mangalore on the fateful day in May 2010, will remain etched on judges’
hands.

4. FIG. 1
The ILLEGAL CONCRETE STRUCTURE THAT HOUSED THE INSTRUMENT
LANDING SYSTEM LOCALISER ANTENNA. THE WING BROKE AND THE
SPILLING FUEL IGNITED

5. FIG. 2
158 ON BOARD BURNT TO DEATH BECAUSE RESCUE DID NOT REACH IN
TIME

6. FIG. 3
THE REPLACED ILLEGAL STRUCTURE WITH STEEL GIRDERS