The High-Stakes Fight for Aviation Safety: Unmasking Air India's Boeing 777-200LR Controversy

Air India Boeing 777-232LR, registered VT-AEE [aircraft serial number 29739 LN:772]. This is first registered with Delta Air Lines on the 27th of March 2009 as N704DK. Was put in storage in March 2020 and then leased to Air India on the 1st of May 2023 via lsd Jetran Llc. Seen here landing at New York JFK. Photo Copyright Marc Najberg

​As we say farewell to 2024, it’s clear that aviation has soared to new heights—both figuratively and literally. This year marked pivotal moments for the industry, from the advent of hydrogen-powered aircraft to breakthroughs in sustainable aviation fuel [SAF] and urban air mobility. Yet, 2024 also sadly reminded us of aviation’s inherent challenges, with tragic accidents that underscored the importance of relentless focus on safety. Incidents such as the Jeju Air flight 7C2216, Voepass regional flight 2283, Azerbaijan Airlines flight J2-8243, the collision at Tokyo’s Haneda airport involving a Japan Airlines plane and a Coast Guard aircraft, as well as other accidents served as sobering moments. Each loss deepens our resolve to ensure safer skies. However, in this blog I want to focus on a case that I have taken a special interest in, especially when it comes to the safety of passengers, the crew and the aircraft. 

A devastating plane crash at South Korea's Muan International Airport on December 29 2024 has claimed the lives of 179 people. The Jeju Air Flight 2216, a Boeing 737-8AS, registered HL8088, carrying 181 passengers and six crew members, skidded off the runway and crashed into a wall during landing, causing a massive explosion. The precise cause still unclear. Photo Copyright Reuters 2024

Since I published my third blog article on February 13—where I highlighted exclusive insights from a whistleblower former Air India captain, who raised serious concerns about Boeing 777-200LR aircraft safety, including allegations of illegal operations and risks of oxygen loss during cabin decompression—I’ve gathered important updates. Let’s dive into these developments and explore what they mean for the future of aviation safety.

​The whistleblower former Air India captain, who is a senior distinguished 30-year veteran of the airline having flown over 7,000 hours and on various aircraft including the Airbus A310, Boeing 777-300ER and the Boeing 777-200LR, found air safety violations in certain route segments related to the leased Boeing 777-200LR aircraft [read this blog and this blog to find out more details on this]. Evidently, the whistleblower captain pointed out these air safety violations to the airline’s senior management on the 22nd of January 2023.

​To his shock, surprise, and sadness, Air India’s senior leadership team didn't agree with him. Furthermore, they had no firm answer to the problem that he had pointed out, and they did not report this flight safety concern raised within the airline to India’s Directorate General of Civil Aviation[DGCA] as required by the Civil Aviation Requirement [CAR]’s​ SEC 5 - AIR SAFETY SERIES 'C' PART I Issue II, 20TH OCTOBER 2015 and the CAR SEC 5 – AIR SAFETY SERIES ‘F’ PART I 28th JUNE 1996.

AIR INDIA’S SENIOR MANAGEMENT "DIDN’T CARE"

​The whistleblower captain claims that Air India’s management didn't care about resolving his query, which he deemed to be extremely important because Air India’s planning team were putting the lives of passengers and crew at risk by providing flight routes that took these aircraft over high terrain, which is also in violation of DGCA’s CAR on pressurized flights. The whistleblower captain wrote quite a few letters to all members of the airline’s senior leadership team, but he claims that nobody bothered to take any corrective and preventive action from the flight safety point of view [PoV] to safeguard the lives of the passengers and crew which was put in danger on every flight.

As explained in this blog, on that fateful day of the 30th of January 2023, flight AI176 [Callsign “Air India 176 heavy”] from San Francisco [SFO] to Bengaluru [BLR] was planned to be operated using the former Delta Airlines leased Boeing 777-200LR aircraft. The whistleblower captain was provided with a flight plan from the airline's Mumbai Headquarters that would have taken the aircraft over high mountainous terrain and hence would have been deemed illegal to fly the aircraft due to deficiency of stored breathing oxygen for that route as per the SECTION 8 – AIRCRAFT OPERATIONS SERIES O PART II ISSUE II, of the DGCA'S CIVIL AVIATION REQUIREMENTS [CAR].
 
This would have seriously jeopardized flight safety and put the lives of the passengers and crew in danger if the flight would have been operated based on that flight plan. Therefore, because of this reason, he refused to fly the aircraft until the flight plan was amended and until he was 100% confident that the flight was legal and within the limitations of the Flight Planning & Performance Manual [FPPM]. “Even till this day the rest of the pilots are flying these illegal routes for reasons best known to them, possibly due to the management axe dangling over their heads”, said the whistleblower captain.

He wanted to make sure that he had the correct flight plan that would not have put any of his passengers and crew’s lives at risk in case of an event of depressurization.

​Inevitably and sadly the flight got delayed by over seven hours; however, whistleblower captain still managed to operate the flight by extending his Flight Duty Time Limitations [FDTL], so that there was no inconvenience caused to the passengers due to cancellation of that flight.

TOOK SAFETY AS PRIORITY FOR PASSENGERS, CREW, AND AIRCRAFT

​Evidently, the whistleblower captain refused to fly the plane because he took the serious responsibility and decision with sheer professionalism and integrity that made sure his passengers, crew and aircraft were safe. This case is very similar in stature to this example of another pilot in 2024 taking the decision not to fly the aircraft because safety was in jeopardy.
 
The Air India whistleblower captain’s story is an excellent example of resilience in action and why aviation is so safe. If the numerous amounts of red tape bureaucratic requirements that must come together to get a commercial flight airborne are met, then pilots have a “Procedural Leadership” role using Standard Operating Procedures [SOPs] to operate that aircraft to its destination. This occurs in the many of the flight operations.

Air India's Boeing 777-200LR, registered VT-AEF seen landing at SFO: Photo Copyright Reuters 2024.

For the remaining flights that it does not occur, such as in this case, where critical requirements are not met, the pilots swap to becoming “trait-based” servant leaders, engaging their resilience and collaboration skills to resolve each problem to a successful conclusion. These skills are not taught in the simulator or at flight training schools but are built from world-class leadership.
 
These skills also include listening, empathy, healing, awareness, persuasion, conceptualization, foresight, stewardship, commitment to the growth of people, and building community. The whistleblower captain maintained all these skills in this moment of hardship that he faced. He made the choice to put the safety of his passengers, crew, and aircraft before anything else.
 
After he finally operated and landed the flight in Bengaluru, he requested that the airline’s senior leadership should not reinstate [roster] him on those sectors which operate the leased Boeing 777-200LR aircraft [note these aircraft have only 12 minutes of stored breathing oxygen on routes, and that is insufficient on the high terrain routes that these aircraft operate].

UNFAIRLY DISMISSED

Sadly, the airline’s management immediately grounded him for the next three months during which he wrote letters to the senior leadership team, including to Mr. Natarajan Chandrasekaran, the Chairman and Managing Director of Tata Sons of the Tata group of companies. However, in return for blowing the whistle, Air India terminated his services on the 9th of May 2023 without conducting any enquiry and hence he claims that his termination was illegal and one of unfair dismissal.

COMPLAINTS TO THE DGCA WENT ON DEAF EARS

​After his dismissal, he sent a formal complaint to the DGCA on the 29th of October 2023 and continued to write further letters as there was no response from the DGCA. In his opinion, the DGCA did a “shoddy job” of investigating his complaint. Ultimately, instead of taking any serious actions against the airline, the DGCA imposed a fine of just approx. USD 130K for only one violation [i.e. one flight] through an order dated the 24th of January 2024. “Despite this, all of Air India’s flights operating the leased Boeing 777-200LR aircraft have been continuing to violate the law of the land,” said the whistleblower captain.
 
“These are illegal operations on those routes and are continuing to be flown without a blink of an eyelid because the DGCA have turned a blind eye to this and are completely ignoring the danger this poses to the lives of the passengers and crew it is causing,” continued the whistleblower captain.

​The whistleblower captain claims that the then Chief Flight Operations Inspector [CFOI], Captain Vivek Chhabra, "tried to save Air India’s face due to his vested interests", and in return he got terminated by the then Director General, Vikram Dev Dutt, citing "administrative grounds and in public interest" and “confidential inputs" as his actual termination order was out in the media. On the same day, the DGCA gave a press release about the order imposing a fine of approx. USD 130K on Air India. However, the DGCA still didn’t release the actual copy of that order to the other stakeholders to increase safety awareness.

Captain Pankul Mathur, Director- Flight Operations at Air India

Now, according to the whistleblower captain, this can’t be far from the truth, because Captain Pankul Mathur, Air India’s Director of Flight Operations, and Vivek Chhabra know each other as they have been good friends since they were both classmates at India’s prestigious flight school, Indira Gandhi Rashtriya Uran Akademi [IGRUA], and furthermore, the whistleblower captain has claimed that Vivek Chhabra 's wife flies the Boeing 777-200LR aircraft for Air India, after she was made redundant from Jet Airways when that airline ceased operations in April 2019. 

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“Captain Vivek Chhabra has been an Air India employee for more than 25 years and was on deputation* from Air India to the DGCA working as a CFOI, and therefore there was conflict of interest plus vested interests due to his spouse also being employed with Air India," said the whistleblower captain.
 
“All the captains that currently fly these leased Boeing 777-200LR aircraft are aware of these serious violations on these routes and are still flying them. Why? Because they feel they have no choice and are being oppressed by Air India’s management. They are aware they have made an example of me. In that if you complain, then you will also lose your job with Air India,” said the whistleblower captain.

WHY ARE AVIATION OXYGEN SYSTEMS IMPORTANT?

Hypoxia—a condition caused by insufficient oxygen at high altitudes—remains one of the most critical threats to aviation safety. Even a brief loss of cabin pressure can incapacitate both passengers and crew, making stored breathing oxygen systems a life saving necessity. This is why the whistleblower captain’s allegations regarding Air India's Boeing 777-200LR operations deserve serious attention. His claims highlight routes over high terrain where insufficient stored oxygen would render survival nearly impossible during depressurization emergencies.

​The blog delves into this pressing issue to shed light on aviation safety standards and the responsibilities of airlines and regulators. By refusing to operate flights under potentially illegal and dangerous conditions, the captain demonstrated unparalleled professionalism and commitment to passenger safety. Understanding the risks of hypoxia and ensuring adequate oxygen systems are not just regulatory requirements—they are moral imperatives for safeguarding lives in the sky.

​While pilots undergo training to recognize and respond to the signs of hypoxia, passengers typically lack the knowledge or preparation to manage oxygen deficiencies effectively. Ensuring the availability of stored aviation oxygen systems aboard aircraft plays a crucial role in maintaining passenger safety and well-being, particularly in emergencies involving cabin depressurization. These systems serve as a vital safeguard, providing an immediate supply of breathable air and mitigating the risks associated with high-altitude operations.

Effects of hypoxia. Copyright Mayo Clinic

AN ON-GOING CRISIS

​The whistleblower captain is sure that a lot of revenue has been illegally generated by flying these routes daily for at least a couple of years at the cost of endangering the lives of the unsuspecting and innocent passengers and crew.
 
“This is a botched-up investigation by the DGCA who were still allowing the leased Boeing 777-200LR aircraft to operate on these routes till date with impunity, where it is illegal to fly according to Indian aviation regulations. Air India, for reasons best known to them have leased these aircraft and are committing a white-collar crime daily and are getting away with it,” said the whistleblower captain.

The whistleblower captain told me that he had no option but to go to the Mumbai High court to appeal against DGCA’s ineffective order, which he tried to acquire by repeatedly requesting through Right to Information [RTI] but never got it from the DGCA. This is an order on air safety which should have been immediately disseminated to all stakeholders by the DGCA themselves for the purposes of air safety awareness amongst them to make aviation safer in the public’s interest. This is the general rule in aviation.
 
In court, the whistleblower captain had explicit permission from the judges to legally represent himself as a technical aviation subject matter expert. This was as advised by the judges because even though he had an advocate on record to represent him, the judges wanted to understand the merits of the case and thought it would be best if the whistleblower captain can himself clearly explain technical terms and have the chance to turn complexity into simplicity. 

The historical and majestic Mumbai High Court, where the case is being held.

The judges were kind enough to grant four dates in quick succession considering the gravity of the situation [these were the 9th, 12th, 14th, and the 16th of December 2024], which was for a wider social cause in public interest. Also, the judges listened to his concerns and took down appropriate notes since the advocates are not equipped with adequate knowledge about the technical aspects of aviation. 

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COURT ROOM DRAMA

​The whistleblower captain told me that the division bench of two judges patiently listened over many grueling sessions where the captain himself explained all the nuances and technical details of the case. In a landmark case, and a remarkable turn of events, the whistleblower captain told me that this division bench of two judges fully understood these fine technical details as simplified in layman terms by the whistleblower captain.
 
The whistleblower captain told me that the judges took a keen interest in this case, and this was exemplified by the fact that they asked quite a few questions. The judges questioned Air India’s senior counsel along with Air India’s Chief Pilot for the Boeing 777 aircraft fleet and the senior flight dispatcher to satisfy them with the questions posed to them based on the knowledge they had now acquired about the technicalities of the subject matter in the aviation. 

​This session started on the 18th of December 2024 in the afternoon after lunch at 2.30pm Indian Standard Time [IST] but the judges sat until 7pm IST in the court, way past their normal working hours. They went above and beyond their job duty ending time, which was 4.45pm IST because they wanted to gain satisfactory answers to the questions posed by them to Air India’s senior counsel, Chief Pilot, and his senior flight dispatcher.
 
In the end, the whistleblower captain had a prima facie made out case against Air India on the merits, and hence the judges gave a choice to the Air India senior counsel to either accept a reasoned order with all the details of the arguments and observation made by the all the parties in court if they would still want to contest this matter in court or to concede to sign consent terms where all the contentions would be kept open in the ensuing DGCA enquiry. 

​On the following day – the 19th of December 2024 – Air India’s senior counsel came back with a draft of consent terms to the court after taking instructions from the client, Air India and the DGCA.
 
The whistleblower captain says, “The Honorable High Court ordered – by the consent of all parties – the DGCA to re-investigate this case by conducting an enquiry based on principles of natural justice and to also involve the whistleblower captain [i.e. the complainant]”.
 
“What I find completely mind boggling is that astonishingly both the DGCA and Air India have openly lied in court under oath, which amounts to perjury and committed forgery. Why? Because there is clear evidence that they have submitted false claims under an affidavit to save their skin. If true, then I strongly believe this is a serious crime committed by Air India and the DCCA because they are coming with unclean hands to the Honorable High Court and trying to mislead the Honorable Court to hide a bigger crime just to take the order in their favor. It is like doing something wrong and then taking advantage of their wrongdoing which is not allowed in law. What kind of logic is that? And why would anyone do that?” the whistleblower captain said.

According to evidence I have seen from websites such FlightRadar24.com and from charts that the captain shared, even today, the illegal and dangerous flights using these leased Boeing 777-200LR aircraft are being operated. In fact, Sam Chui, a well-known blogger, also documented one of these flights on the leased Boeing 777-200LR aircraft, as can be viewed here.

​The whistleblower captain strongly believes that this is a conscientious duty of everyone in the industry, including the Air India and the DGCA, to have these flights injuncted due to the lurking danger of the depressurization event which may occur at any time unannounced, and cause irreparable damage to the unsuspecting and innocent passengers and the crew due to lack of sufficient stored breathing oxygen being carried on the aircraft which will last only for 12 minutes during the event of a depressurization. 

As mentioned above that the DGCA has imposed a fine of approx. USD 130K for only one flight whereas all the flights on the leased Boeing 777-200LR aircraft have been illegal and dangerous as claimed by the Petitioner [i.e. the whistleblower captain]. This, as mentioned, has been overlooked by the DGCA while determining the penalty as after the first offence is committed by operating a flight based on an illegal flight plan, then the second offence within a span of five years cannot be compounded as per the Sec 12A (1) and 12A (2) of The Indian Aircraft Act,1934 reads:

“(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under sections 10,11,11A,11B and section 12 or under any rules made thereunder, may be compounded, either before or after the institution of any prosecution, by the Director General of Civil Aviation or Director General of Bureau of Civil Aviation Security or Director General of Aircraft Accidents Investigation Bureau, as the case may be, in such manner as the Central Government may, by notification in the Official Gazette, make rules.
 
(2) Nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date of commission of a similar offence which was earlier compounded or for which such person was earlier convicted”.

After the first complaint of the Petitioner [i.e. the whistleblower captain] dated the 29th of October 2024 to the DGCA a show cause notice was sent to the company Air India’s Accountable manager seeking a reply to the complaint of the whistle blower captain on the 2nd of November 2023. This fact has been suppressed in the Affidavit of Reply of both the Respondents i.e. Air India and the DGCA to the Honorable High Court.
 
Also, there were emails and annexures which were exchanged after the reply of Air India to the above-mentioned show cause notice which were being handled by the CFOI Vivek Chhabra which have also been suppressed and has no mention in their Affidavit-in-Reply of Air India nor the Affidavit-in-Reply of the DGCA to the Honorable Court. These documents can clearly incriminate Air India for willfully and deliberately conducting these illegal flights to earn huge revenue at the cost of endangering the lives of passengers and crew, as per the whistleblower captain.

BUCK STOPS WITH THE PILOT-IN-COMMAND

If pilots perceive that critical requirements have not been met, they refuse to depart – simple as that really. No other person in an airline is endowed with the massive responsibility and situational awareness of the combined issues, the methods and responsibility and authority to resolve them, as the Pilot-In-Command [PIC].

All of the decisions are prompted by the straightforward and essential legal responsibility by the PIC for the safety of the passengers, crew, and the aircraft. This is the very reason the whistleblower captain took that ultimate decision not to operate that flight. If we look at some of the world’s biggest air crashes, each one of those pilots would not have got on those flights had they known that there is a serious risk to life in operating those flights. 

Pilots refuse to fly for safety and valid reasons - they may be refusing to the dispatchers, engineers, senior management, Chief Pilot or even the CEO. These are no doubt tough decisions, sometimes alone with extraordinarily little support. However, as a leader one must use professional judgement and integrity when making such decisions to make sure there are successful safety results.

Some of the best pilots have stepped up in history and refused to fly, even when there has not been psychological safety to do so. Just as a CEO of a company is responsible, in an analogous way, pilots are responsible for safety, accountable to their company and assume unlimited authority to keep their passengers safe. This is why aviation is so safe.

CONCERNING ESCALATION

The whistleblower captain's story highlights a disturbing pattern of possible negligence and corruption within Air India and the DGCA – though this cannot be proved. Despite repeated warnings and complaints, the airline and regulatory body risks failing to take adequate action, prioritizing revenue over safety.
           
The whistleblower captain's concerns are escalating as the DGCA remains silent on the enquiry's commencement date, despite passing this order on the 19th of December 2024.
 
The whistleblower captain's apprehensions are valid, given the severity of the safety violations, which could lead to catastrophic consequences, including loss of life, especially in the event of a depressurization emergency. The case has so far ignited questions about what the DGCA and Air India have done to improve its safety and quality record of these leased Boeing 777-200LR aircraft.

Will the DGCA and Air India take immediate action to address the safety concerns and prevent potential disasters? Or will the Ministry of Civil Aviation intervene to ensure compliance with laws and regulations and prioritize passenger safety?
 
The question also remains whether the DGCA will do their due diligence and provide all the relevant documents to the whistleblower captain? That initiative can only be in the best interests of the DGCA in making a strong case against Air India. However, it must be said that the order of the Honourable High Court dated the 19th of December 2024 clearly spells out the same.
 
The DGCA's radio silence when it comes to taking any action is indeed puzzling, especially considering the Mumbai High Court's urgency in hearing the matter, with six hearings in just ten days. This highlights the significance of the issue and its impact on public interest. The court's prompt attention underscores the need for swift action to ensure passenger safety.

“The DGCA's failure to specify the actual violation and prohibit Air India from flying them in the first order raises questions about their commitment to safety. The DGCA and the Ministry of Civil Aviation's silence on this matter is quite surprising, as they are responsible for ensuring compliance with laws like the Indian Aircraft Act 1934 and Indian Aircraft Rules 1937”, said the whistleblower captain. “The upcoming enquiry's fairness and impartiality are also uncertain, as some DGCA officials may be implicated in the reinvestigation.”
 
Only time will reveal the outcome of this situation, but one thing is certain – the safety of passengers, the crew members, the aircraft, and anyone else that may be affected, should be the top priority. Let us hope that we have a safe and secure 2025 for aviation.