Delhi high court dismisses Turkish firm Celebi’s plea against ban in India

The revocation of Celebi’s security clearance on May 15 followed tensions over Turkey's diplomatic and military ties with Pakistan

New Delhi: The Delhi high court on Monday dismissed Turkish-founded ground handling firm Celebi Airport Services’s plea challenging cancellation of its security clearance by the Bureau of Civil Aviation Security (BCAS) Director General.

Centre had submitted that Celebi’s security clearance was cancelled due to a potential threat to the country’s airports under the prevailing circumstances. (Representational Image / Shutterstock)

BCAS on May 15 had revoked its security, which brought its operations across major Indian airports to a halt and jeopardised more than 10,000 employees working with the firm. The revocation of the security clearance on May 15 followed mounting tensions between India and Turkey over the latter’s diplomatic and military ties with Pakistan. The development triggered a scramble at the nine airports in which the firm operated, to ensure services were not disrupted.

“I’ve dismissed the petition,” justice Sachin Datta said while pronouncing the verdict.

In its petition, BCAS had sought reversal of the decision by claiming that absence of security clearance will hit all its contracts with major airports across the country. Questioning the authority of the BCAS to issue the May 15 direction in violation of prevailing rules, the firm represented by senior advocate Mukul Rohatgi had argued that the DG, BCAS did not have the authority to pass a “farman” revoking its security clearance, without giving it an opportunity of being heard. Rohatgi said that the company had the constitutional right to carry its operations in India, which could not be curtailed in a “crippled manner”, since the same had resulted in cancellation of various ground and cargo handling contracts in various airports, where the company operated.

Pointing to the manner in which the company has been treated by BCAS, Rohatgi said, “There is nothing to show that there is compliance with Rule 12 of the Civil Aviation Security Rules. Order has to be consistent with the procedure. They can’t pass a ‘farman’ (diktat). Violation of natural justice is not limited to non-issuance of show cause notice but the (BCAS) also failed to propose the action that they could’ve taken. Every part of the rule is violated. Complete violation of Rule 12 renders the decision a nullity and is void. Natural justice is ingrained in our jurisprudence.”

Rohatgi submitted that the DG’s power to issue directions for safeguarding civil aviation was not similar to power of revocation and the same could be issued pursuant to compliance of Rule 12.

Centre represented by Solicitor General Tushar Mehta had submitted that Celebi’s security clearance was cancelled due to a potential threat to the country’s airports under the prevailing circumstances in the country and disclosing the reasons behind the government’s actions would have “defeated the purpose” of the very action sought to be taken. Mehta said that Celebi, while renewing its security clearance in November 2022, had agreed that its clearance could be revoked without giving reasons and the BCAS DG had the “sui generis” plenary power to take such an action for safeguarding civil aviation without granting an opportunity of being heard.