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Celebi moves division bench of Delhi HC against revocation of security nod
The judge had also held that it was not imperative for the Centre to follow the principles of natural justice in situations where national security is at stake
Turkish ground handling firm Celebi Airport Services has moved the division bench of the Delhi high court, challenging a single judge’s order upholding the Centre’s decision to revoke its security clearance.
A bench of justice Sachin Datta, on July 7, dismissed the Turkish firm’s petition against Bureau of Civil Aviation Security’s (BCAS) May 15 decision, ruling that the action was taken on the basis of compelling national security and geopolitical considerations.
Backing the BCAS, the court noted that the move was necessary to preclude potential espionage, misuse of Celebi’s logistical capabilities and threats to civil aviation infrastructure and the agency acted within its powers.
The judge had also held that it was not imperative for the Centre to follow the principles of natural justice in situations where national security is at stake. The court observed that Celebi’s operations provided unrestricted access to highly sensitive civil aviation zones, including airside operations, aircraft, passenger systems, and cargo –– infrastructure which, if compromised, could have serious national implications.
BCAS’s decision came amid rising diplomatic and military tensions between India and Turkey, with concern raised over the latter’s ties with Pakistan and its support to Islamabad after the terror attack in Pahalgam in April and during Operation Sindoor launched by Indian forces subsequently. Celebi’s security clearance was revoked on May 15, effectively halting its ground handling services in India, throwing its large workforce and contracts into uncertainty.
Celebi’s plea, likely to be listed next week, painted a picture that the BCAS’s decision to cancel its security clearance was in teeth of Rule 12 of the of the Civil Aviation Security Rules, which mandates the director general to hear an entity before revoking its security clearance and the DG had no authority to take a call without granting an opportunity of being heard.
It went on to add that the decision to revoke its clearance by merely citing national security, in the absence of any justification, was “vague” and “unsustainable in law”. It further added that the single judge had erroneously concluded that the Centre had the authority of passing such an order in violation of the principles of natural justice and set aside its objections to the government’s action of providing “inputs” for revoking its security clearance to the court in a “sealed cover” and failing to disclose the same to it.
Previously, the Centre had argued that granting Celebi an opportunity of being heard or disclosing the reasons behind the government’s actions would have “defeated the purpose” and led to delay. Defending its decision, the Centre had said that though the government had the power to pass the order “de hors” the law, it did comply with the principles of natural justice since the order was passed after considering Celebi’s representation submitted to it a day before revoking the security.
The Turkish firm has moved the division bench days after the Bombay high court vacated its earlier order restraining Mumbai International Airport Limited (MIAL) from finalising bids to replace Çelebi Aviation Holding’s subsidiary for ground and bridge handling services at the Chhatrapati Shivaji Maharaj International Airport. Citing the Delhi high court’s ruling, the Bombay high court noted that Çelebi had already lost its legal challenge there, leaving no grounds to continue restraining MIAL from moving forward with the replacement process.
