- By Yashashvi Tak
- Mon, 19 May 2025 10:38 PM (IST)
- Source:JND
The Centre opposed in the Delhi High Court the petitions filed by the Celebi Aviation Services India Pvt Ltd, a Turkish company, and another firm challenging the revocation of their security clearance by the Bureau of Civil Aviation Security (BCAS). The BCAS had withdrawn the security clearance for the firms on May 15, days after Turkey backed Pakistan and condemned India's strikes on terror camps in the neighbouring country.
Appearing before Justice Sachin Datta, Solicitor General Tushar Mehta, representing the Centre, argued that the decision was made in the interest of national security, citing specific inputs indicating that allowing the petitioner companies to continue their services could pose a threat under the current circumstances.
Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd were responsible for ground handling and cargo terminal operations, respectively.
"I am saying that it is a national security issue and the order (revoking clearance) reflects the same," Mehta said.
"Enemy can make 10 attempts and has to succeed in one. While security agencies have to succeed on all 10 occasions. National security based upon civil aviation security has to be placed on the highest pedestal," he further argued.
Solicitor General Tushar Mehta submitted certain documents to the court in a sealed cover to support his claims. He stated that disclosing the reasons could be counterproductive and might compromise the sovereignty and security of the nation.
Appearing on behalf of the firms, Senior Advocate Mukul Rohatgi argued that the decision was driven by "public perception," which, he contended, was not a valid ground for such action. He further asserted that the security clearance was revoked without providing any opportunity for a hearing or furnishing any reasons.
"It appears to me that is because of public perception because the shareholding of the company is of Turkish nationals," Rohatgi added.
He stated that the petitioner firms had been engaged in ground handling operations at various airports for the past 17 years, employing thousands of workers, and had operated "without any blemish." However, their security clearance was "suddenly" revoked without prior notice.
Rohatgi argued that the petitioners were not "rogue" companies whose operations could be curtailed "with one stroke" and just a day's notice.
He further informed the court that the security clearance was governed by the Aircraft Security Rules. In response, Justice Datta questioned whether the court could sit in appeal over such decisions and whether issuing a prior notice was mandatory under these circumstances. The matter was then posted for hearing on May 21.
"It (notice) may defeat the purpose (of revocation). As long as apprehension exists..and apprehension is not justiciable under Article 226. Who is to say apprehension is well founded or not?" the judge said.
Rohatgi contended that it was the responsibility of the authorities to demonstrate that the situation was "so grave" as to warrant immediate action, adding that national security could not be invoked as a carte blanche to bypass due process.
Mehta, however, maintained that the principle of proportionality was not applicable in matters involving national security. "The rule is better safe than sorry," the judge said.
Celebi, which has been operating in the Indian aviation sector for over 15 years and employs more than 10,000 people, provides its services at nine airports.
BCAS, in an order, said, "... the security clearance in r/o Celebi Airport Services India Pvt Ltd is hereby revoked with immediate effect in the interest of national security."
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Celebi, part of Turkey’s Celebi Group, was granted security clearance in November 2022. It handles about 58,000 flights and 540,000 tonnes of cargo annually across major Indian airports, including Mumbai, Delhi, and Chennai. Despite Pakistan's use of Turkish drones in its conflict with India, Celebi Aviation India emphasized its full compliance with Indian regulations, rejecting any allegations about its ownership and operations. The company reaffirmed its commitment to the Indian aviation sector.
(With PTI Inputs)
