Criminal Charges Against Dead AIX Pilots

[jetsreams]

In what appears to be a bizzare and absurd case of typical Indian bureacracy, the two dead pilots in the Air India Express crash at Mangalore in May 2010 have been charged under various sections of Indian Criminal Law.

The police have registered criminal cases against both pilots under IPC Sections 279 (rash and negligent DRIVING !), Section 337 ( causing grevious hurt by an act endangering life or personal safety of others) and Section 304 (culpable homicide not amounting to murder). The police are filing a chargesheet within a fortnight based on their own assumptions/preliminary investigations, even before the official DGCA enquiry report is published.

This puts India in a select league of banana republics that equate airline flying to driving a tractor and is A VERY SERIOUS matter nonetheless for the aviation fraternity as it sets off a very dangerous precedent.

By apportioning the blame on pilots by imposing such serious criminal charges,without substantial evidence, a lot of agencies and individuals can get away scot free. Who will be held responsible for not framing adequate rules to prevent fatigue for instance? What will be the impact on the pilots' life insurance and compensation now ? What happens to the dignity and honour of two dead professionals ?

Tomorrow if any pilot operating in India has the misfortune of being involved in a mishap and survives, he may lose his licence and languish in jail either as an undertrial or a "criminal"- and left fighting a long,lonely battle in that notorious blackhole called the Indian Judicial System.

This is UNACCEPTABLE and APPALLING - and a huge shame on a country that wants to be a 21st Century superpower !

[silent_scream]

Where did this info come from ?

If not both, One pilot of the two was part of the Air India Pilots union.
What is their response to this ?

[IndAir967]

:( Very Depressing..

Even though filing a charge sheet would mean nothing as the court cannot
move ahead with out the final accident report from DGCA..

Not just Air India Pilot's Association but the entire Pilot Society
should take a serious note of this and condemn this..

Why not wear a black badge to work ??

[jetsreams]

Apparently neither the Capt or FO were members of the AI pilots union as both were directly recruited by AIX. Captain Glusika was a British national however - which makes me wonder whether HM Government has taken any note of this terrible travesty?

[parabellum]

You really need to have a good look into Indian law. If the pilots, despite both having died, are found guilty, is the way open for the relatives of the deceased to sue the estate of the dead pilots and seek compensation?

Sounds as though, as a pilot body, you need a good lawyer to prevent precedent being created.

[jimmygill]

This puts India in a select league of banana republics that equate airline flying to driving a tractor and is A VERY SERIOUS matter nonetheless for the aviation fraternity as it sets off a very dangerous precedent.


4th largest economy of the world cannot be called a banana republic by any stretch of imaginination.

Could it be possible that the Police has access to forensic tests about blood alcohol? If positive won't that amount to culpable homicide.

How are you sure they don't have substantial evidence? They didn't share it with you doesn't mean that may not be having it.


Tomorrow if any pilot operating in India has the misfortune of being involved in a mishap and survives

Don't be so morose, if he survives, he still is fortunate.

Even though filing a charge sheet would mean nothing as the court cannot
move ahead with out the final accident report from DGCA..

Courts do not have to wait for the investigation, they can order the police to carry out a separate one. But in all probability DGCA may finish investigation, even before any court starts taking the case seriously enough.

If the pilots, despite both having died, are found guilty, is the way open for the relatives of the deceased to sue the estate of the dead pilots and seek compensation?


Next to impossible to sue the estate, culpable homicide not amounting to murder does not lead to fine, it just leads to imprisonment.

[jetsreams]

The argument about the police finding circumstantial evidence is interesting.What about the part about "rash driving"? Does that also pass muster?The point I am trying to make is about the absurdity of the whole thing. To sit on a cozy armchair and deliberate about the gargantuan size of India's economy and deliberating upon the finer nuances of the Indian Penal system is one thing and to jostle for space in a rat infested dungeon with criminals and robbers, wondering why you are being put behind bars for being fatigued on the flight that you pranged is another.

As far as India's being a banana republic is concerned, the statistics speak for themselves. The country is at the bottom of the pile in areas such as corruption and the human development index. And the least said about the bureaucracy and police the better. The mere size of an economy cannot be a mirror of honesty,common sense and civility.

[jimmygill]

banana republic: a small dependent country usually of the tropics; especially : one run despotically

Thats from Merriam-Webster. Please note the keywords "small" and "dependent".

Well, if you would have called it mega-size banana republic I could have given you some credit for innovative use of language... but what you used is not the correct word...

Police is well within their rights to file a charge-sheet if in their limited knowledge public safety has been endangered.

The validity or invalidity of charges will be established by the courts...

BTW you forgot to cite the source of the report....

[a345xxx]

India a despot run country! OMG either you are not on this planet or you are smoking something a bit stronger then a cigarette!!!

India is the LARGEST democracy in the world! It has multiple change of Governments without any anarchy or military coup's! Considering the condition the British left it in its an amazing feat!