Delhi HC hears Centre's objection to Turkish firm's security plea

New Delhi: The Centre on Monday opposed in the Delhi High Court pleas of Turkish company Celebi Airport Services India Pvt Ltd and another firm against the decision of aviation watchdog BCAS revoking its security clearance.

Appearing before Justice Sachin Datta, Centre’s Solicitor General Tushar Mehta argued the decision was taken in the interest of national security in light of certain inputs that continuing the services of the petitioner companies would be hazardous in the current scenario.

The security clearance of the firms was revoked by Bureau of Civil Aviation Safety (BCAS) on May 15, days after Turkey-backed Pakistan and condemned India’s strikes on terror camps in the neighbouring country.

Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd were overseeing ground handling and cargo terminal functions, respectively.

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“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.

SG Mehta handed over certain records to court in a sealed cover in support of his claims.

He said giving reasons might be counter-productive and prejudice sovereignty and security of the nation.

Senior advocate Mukul Rohatgi appeared for the firms and argued the decision was taken due to “public perception”, which could not have been a ground.

The security clearance, he said, was revoked without any opportunity of hearing or reason.

“It appears to me that is because of public perception because the shareholding of the company is of Turkish nationals,” Rohatgi added.

Petitioner firms, he said, had been carrying out ground handling operations with thousands of employees in various airports for the last 17 years “without any blemish” but its security clearance was “suddenly” revoked.

The petitioners were not “rouge” companies whose business could be trammelled with “one stroke” on a day’s notice, Rohatgi said.

He also informed that the security clearance was governed by Aircraft Security Rules.

Justice Datta asked if the court could sit in appeal over such decisions and if serving a prior notice was mandatory under such conditions and posted the matter 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 said the onus was on the authorities to show that the situation was “so grave” that it required immediate action and national security could be used as a carte blanche.

Mehta, however, said the rule of proportionality could not be applied to cases concerning national security.

“The rule is better safe than sorry,” the judge said.

Celebi, operating in the Indian aviation sector for over 15 years and employing over 10,000 people, offers 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.”

The security clearance to the company, part of Turkey’s Celebi, was given in November 2022.

Celebi handles around 58,000 flights and 5,40,00 tonne of cargo annually in India, according to its website.

It is present at Mumbai, Delhi, Cochin, Kannur, Bangalore, Goa, Hyderabad Ahmedabad and Chennai airports.

Pakistan also used Turkish drones on a large scale in the military conflict with India.

In a statement issued earlier, Celebi Aviation India said it remains in full compliance with Indian aviation, national security, and tax regulations, and operates with complete transparency.

It rejected all allegations regarding the company’s ownership and operations in India and reaffirmed its long-standing commitment to the country’s aviation sector.

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