'Better Safe Than Sorry': Delhi HC On Govt Revoking Turkish Firm Celebi’s Security Clearance
The Union government defended its revocation of security clearance for Turkish firm Celebi Airport Services, citing national security concerns due to "certain inputs."
The Union government on Monday defended its decision before the Delhi High Court to revoke the security clearance of Turkish firm Celebi Airport Services India Pvt Ltd and its associate company, citing national security concerns. Solicitor General Tushar Mehta, appearing on behalf of the Union government, told Justice Sachin Datta that the Bureau of Civil Aviation Security (BCAS) revoked the security clearance based on “certain inputs” suggesting that the continued operations of the petitioner companies could pose a threat in the present scenario.
“The decision was taken in the interest of national security,” Mehta said, as per news agency PTI, adding, “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.”
The security clearance of Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd—firms responsible for ground handling and cargo terminal operations at various Indian airports—was revoked by BCAS on 15 May. This development followed Turkey’s support to Pakistan and its criticism of India’s strikes on terror camps in the neighbouring country.
Mehta submitted documents in a sealed cover to support the Centre’s position and argued that disclosing the rationale behind the decision could “prejudice sovereignty and security of the nation”.
Senior advocate Mukul Rohatgi, appearing for the petitioner companies, countered the Centre’s claims, alleging the move was influenced by public perception. “It appears to me that [the revocation] is because of public perception because the shareholding of the company is of Turkish nationals,” he argued, as quoted by PTI.
Rohatgi further said that the firms had been operating without any blemish for the past 17 years and employed thousands across airports in India. He criticised the decision for being taken without offering an opportunity of hearing or providing reasons, saying, “The petitioners were not rogue companies whose business could be trammelled with one stroke on a day’s notice.”
He also noted that the clearance was governed by the Aircraft Security Rules and questioned whether prior notice was mandatory in such matters.
Justice Datta remarked, “It [prior 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?”
Responding to Rohatgi’s assertion that authorities must demonstrate the severity of the threat, Mehta said that the principle of proportionality does not apply to issues of national security.
“The rule is better safe than sorry,” Justice Datta observed while posting the matter for further hearing on 21 May.
About Celebi Aviation
According to its website, Celebi has been operating in India for over 15 years, handling ground services for approximately 58,000 flights and managing 5.4 lakh tonnes of cargo annually. It operates at nine airports including Delhi, Mumbai, Bengaluru, Hyderabad, Ahmedabad, Goa, Chennai, Cochin and Kannur, and employs over 10,000 individuals.
The company received security clearance in November 2022. BCAS, in its revocation order, stated that the clearance was withdrawn “in the interest of national security”.
In a previous statement, Celebi Aviation India said it “remains in full compliance with Indian aviation, national security, and tax regulations”, and operates with “complete transparency”. The firm rejected all allegations regarding its ownership and operations in India, reaffirming its “long-standing commitment” to the Indian aviation sector.
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