The Delhi High Court on Monday dismissed a petition filed by Turkish company Celebi Airport Services India Private Limited, which had challenged the government's decision to revoke its security clearance. The court backed the Ministry of Civil Aviation's move, asserting that the decision was taken in the interest of national security. As per the information, the order was passed by Justice Sachin Datta. Earlier on May 23, the court had reserved its verdict after hearing all parties.
Advocate Mukul Rohatgi represents the Turkish company
Representing Celebi Airport Services India Pvt Ltd, senior advocate Mukul Rohatgi argued before the court that the government's decision to revoke the company's security clearance was "fundamentally flawed" due to a blatant breach of natural justice. He contended that no prior notice was issued to Celebi, nor was the company informed about the impending action -- making the entire process void and not merely voidable under the law.
Referring to Rule 12 of the Aircraft Security Rules, 2023, Rohatgi highlighted that the rule mandates the Director General of the Bureau of Civil Aviation Security (BCAS) to provide an opportunity to hear and record reasons in writing before suspending or cancelling any security clearance. The rule allows suspension for up to one year, or cancellation if there are credible reasons related to national security, civil aviation security, or violations of the clearance conditions or programme requirements. Criticising the government's approach, Rohatgi strongly objected to the use of sealed cover proceedings, arguing that withholding the reasons for the revocation undermines transparency and accountability.
Solicitor General's response to Rohatgi's argument
In response, Solicitor General Tushar Mehta defended the government's position, stating that while judicial review remains available to the affected party, the decision to revoke Celebi's security clearance was taken in exceptional circumstances. He maintained that in situations where national security is under threat, it is not always feasible for the government to offer a pre-decisional hearing or disclose sensitive inputs publicly.
Why was Turkish company's security clearance revoked?
Amid backlash in India over Turkiye's support to Pakistan during Operation Sindoor, India's aviation security regulator BCAS has revoked the security clearance of Celebi Airport Services India on the grounds of national security. Subsequently, its contract with MIAL was terminated.
The company, which provides ground handling and airport services, moved the high court against the revocation of security clearance and termination of contract. Celebi Nas Airport Services India, which operated at the Mumbai airport, filed three petitions, claiming that the decisions were arbitrary and illegal. Celebi holds 59 per cent stake in Celebi Nas Airport Services India.
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