Polity Notes
Indian Pilot Smit Machchhar Saves 174 Lives in Flydubai Flight Crash / Hijacking Attempt
Indian pilot Captain Smit Machchhar became the focus of international attention after a serious cockpit incident on flydubai Flight FZ1073, travelling from Dubai (UAE) to Tel Aviv, Israel. During the flight, Machchhar was reportedly attacked and seriously injured by the co-pilot, an Omani Citizen , after which the aircraft experienced a dangerous rapid descent. Despite his injuries, Captain Machchhar reportedly managed to open the cockpit door, allowing passengers and crew to enter and restrain the attacker. Two off-duty pilots also helped regain control of the aircraft.The aircraft rapidly descended over 4000 meters in a minute transmitting the general emergency code ( SQUAWK7700) Followed by a code indicating unlawful interference / hijacking ( Squawk7500) The aircraft was subsequently diverted and made an emergency landing at Tabuk, Saudi Arabia. Captain Machchhar was taken to hospital and was reported to be in stable condition.
Prime Minister Narendra Modi, Israeli Prime Minister Benjamin Netanyahu and US President Donal Trump publicly praised theIndian pilot's courage.
Main Facts :
● Pilot: Captain Smit Machchhar
● Airline: flydubai
● Flight: FZ1073
● Route: Dubai–Tel Aviv
● Emergency landing: Tabuk, Saudi Arabia
● Passengers: 174
● Investigation: Ongoing
Captain Smit Machchhar's actions, together with the efforts of passengers, crew and other pilots, helped bring a dangerous mid-air emergency under control and enabled the aircraft to land safely.
The intention of the Omani co - pilot whose name and identity is yet not to be declared, is being questioned by investigating agencies. This may be an effort of a repetition of the 9 / 11 tragedy .
Legal Jurisdiction - Under international aviation law, multiple countries hold concurrent legal jurisdiction over this case based on different legal principles. However, the primary judicial jurisdiction belongs to the United Arab Emirates (UAE).
1. The United Arab Emirates (Primary Jurisdiction)
The UAE has the strongest and primary claim to prosecute the crime under the Tokyo Convention of 1963 (and subsequent international aviation treaties like the Montreal Convention):
● Law of the Flag State: Under international law, a commercial aircraft is considered an extension of the territory of the country where it is registered.
● Application: Because the Boeing 737 is registered in the UAE and flies under the UAE flag, Emirati judicial authorities have direct criminal jurisdiction. The UAE Attorney General has officially launched a terrorism and hijacking probe, noting that UAE law applies to crimes committed on board even when occurring outside their physical airspace.
2. Saudi Arabia (Territorial Jurisdiction)
Saudi Arabia has a valid legal claim under the Territorial Principle:
● The Landing State: The aircraft made its emergency landing at Tabuk Airport in Saudi Arabia, and the co-pilot was taken into custody on Saudi soil.
● Application: Under international law, the state where an aircraft lands with an alleged offender on board has the authority—and under hijacking conventions, the obligation—to take the suspect into custody and initiate a preliminary inquiry. Saudi Arabia can either choose to prosecute the suspect under its own laws or extradite him to the UAE.
3. India (Passive Personality Principle)
India has a potential legal claim based on the nationality of the victim:
● Passive Personality: International law allows a state to claim jurisdiction if the victim of a serious crime is one of its nationals.
● Application: Since the victim, Captain Smit Machchhar, is an Indian citizen, India has a legal interest. While India is highly unlikely to lead the criminal trial, its authorities can participate in the safety investigation and coordinate legal representation for the captain.
4. Israel (The Destination State)
Israel has a claim based on the Objective Territorial / Protective Principle:
● Targeted State: The flight's intended destination was Tel Aviv, and the vast majority of the 174 passengers whose lives were endangered were Israeli citizens.
● Application: International anti-hijacking treaties allow the intended country of landing to assert jurisdiction if the safety of its citizens or territory was directly threatened.
5. Safety Investigation vs. Criminal Prosecution
● Criminal Law: The UAE is leading the criminal and terrorism prosecution, acting as the flag state.
● Aviation Safety Law (ICAO Annex 13): For the technical safety investigation (determining how the cockpit security was breached), international law dictates that the UAE's General Civil Aviation Authority (GCAA) will lead the probe. The United States (as the state of manufacture of the Boeing aircraft) and India (as the state of the victim's nationality) have the right to appoint accredited representatives to participate.