Delhi Court deliberates Celebi's security clearance revocation
The Delhi High Court has reserved its judgment on a plea by Celebi Airport Services India Pvt Ltd against the revocation of its security clearance by BCAS. Celebi argues the decision was arbitrary and unlawful, affecting its contracts nationwide. The government cites national security concerns, with intelligence inputs raising alarms over Celebi's operations, particularly in sensitive airport areas.
New Delhi [India], May 23 (ANI): On Friday, the Delhi High Court withheld its decision regarding the appeal from Turkish firm Celebi Airport Services India Pvt Ltd, which contests the aviation regulator Bureau of Civil Aviation Safety's (BCAS) move to withdraw its security clearance due to concerns over "national security." Justice Sachin Datta reserved the order after hearing extensive arguments from both sides. Solicitor General Tushar Mehta informed the court that he would submit written arguments by the following day. Senior advocate Mukul Rohatgi, representing Celebi, contended that Rule 12 of the Aircraft Rules, 2013, is legally binding unless specifically overturned by Parliament. He argued that security-related regulations must be strictly followed, leaving no room for arbitrary government decisions.
Rohatgi emphasised that officials must adhere to due process, including holding a proper hearing, providing written reasons, and ensuring reasonable grounds for action--none of which were followed in this case. He further asserted that the power to issue directions is distinct from the power to cancel or revoke security clearance, making the government's decision unlawful.
Highlighting the consequences, he stated that the revocation of security clearance has led to the cancellation of Celebi's contracts with airport operators nationwide. He noted that operators are simply complying with directives from Delhi, leaving Celebi with no recourse. He stressed that the clearance was the foundation of their agreements with DIAL, MIAL, Adani, and others, and without it, their business is unravelling.
On Thursday, Solicitor General Tushar Mehta, representing the Centre, argued that the government's plenary superintendence powers extend to national and airport security. He described the case as a 'sui generis' matter, requiring careful judicial scrutiny due to potential security threats across multiple airports. Mehta underscored the importance of aviation security laws in preventing incidents like explosions at airports or onboard aircraft. He explained Celebi's role in airport ground handling, which grants access to sensitive flight and VIP data, making security clearance crucial.
Defending the revocation, Mehta stated that intelligence inputs raised concerns over Celebi's operations, particularly in passenger and cargo handling. He argued that certain security-related decisions cannot always be fully disclosed, as revealing classified information could compromise national interests.
On Wednesday, Rohatgi emphasised that Celebi has operated in India for 17 years, employing over 10,000 personnel across various airports. He argued that the abrupt revocation of the company's security clearance--initially granted in 2022 for a five-year term--was done without prior notice or a hearing, violating procedural fairness. Rohatgi suggested that the Turkish shareholding in Celebi may have influenced the government's decision, but maintained that Celebi's workforce consists solely of Indian nationals and has no political affiliations with Turkey. Union Civil Aviation Minister Ram Mohan Naidu recently promised to implement steps to safeguard impacted staff and ensure smooth airport operations. The ministry emphasized that the revocation was vital for protecting national security while guaranteeing continuous airport activities.. (ANI)