Celebi Airport Services India Pvt Ltd and its sister company Celebi Delhi Cargo Terminal Management India Pvt Ltd approached the High Court after their security clearances were revoked by BCAS on May 15.
NEW DELHI: 23rd May: The Delhi High Court has reserved its judgment on a case filed by Turkish company Celebi Airport Services India Pvt Ltd, which challenged the Bureau of Civil Aviation Security’s (BCAS) decision to cancel its security clearance. The clearance was withdrawn citing “national security” reasons.
The matter was heard by Justice Sachin Datta, who reserved the order after listening to detailed arguments from both sides on Friday. The next hearing is scheduled for May 24, according to a report by Reuters.
Celebi Airport Services India Pvt Ltd and its sister company Celebi Delhi Cargo Terminal Management India Pvt Ltd approached the High Court after their security clearances were revoked by BCAS on May 15.
This sudden move came shortly after Turkey publicly supported Pakistan and criticised India’s military actions against terrorist camps in the region. The Centre justified its action, saying it was necessary to prevent an “unprecedented” threat to India’s aviation security.
Solicitor General Tushar Mehta, while presenting the government’s side before Justice Sachin Datta, said that in such “unprecedented” situations, there is no time to provide advance notice or a hearing before taking action.
“During such ‘unprecedented’ times, providing a hearing or reasoning prior to taking action would ‘defeat the purpose.’”
He strongly asserted:
“In matters of national security, ‘either we do something or we don’t’ but there was ‘nothing in between.’”
Mehta also pointed out that the petitioners, being involved in ground and cargo handling services, had direct access to aircraft and cargo screening areas at several major airports, including those with VIP movements. Hence, authorities had to use their full powers under the law.
He further told the court:
“The court is dealing with a sui generis situation where there is a potential threat to the country’s civil aviation security at various airports… When the country sometimes faces a situation where they are so unprecedented that neither an opportunity of hearing is possible because delay itself might defeat the object of the act nor it is possible to give reasons for the action because that again defeats the purpose of the action, plenary powers come in.”
Mehta added that the government always retains “plenary power” while granting security clearance, and the agreement between Celebi and the authorities allowed for revocation at any time.
“The ground handling contract could be terminated at any time.”
He noted that this clause was well-known to the petitioners and acknowledged by them.
The petitioners had raised concerns about the Centre submitting certain “inputs” to the court in a sealed cover, without disclosing them to the companies. In response, Mehta said that in matters of national security, the right to know cannot override security interests.
“National security considerations outweighed the right to know.”
However, he assured the court that:
“Substantial compliance” had been made with the principles of natural justice, as the government had considered a representation from the companies.
He also clarified that the government’s decision was not final or absolute:
“The decision was not a ‘carte blanche’ or ‘brahmastra,’” and stressed that it is “subject to judicial review.” He said that if the court found that authorities acted in a “cavalier manner,” it could intervene.
On May 19, the Centre again defended its move, citing that allowing Celebi to continue services posed a security threat in the current circumstances. In response, Celebi reminded the court of its clean track record and long-standing operations in India.
The petitioners stated that they had been handling ground operations at multiple Indian airports for the past 17 years “without any blemish”, and described the revocation as “sudden”.
Celebi is part of a major Turkish aviation company and has been operating in India for over 15 years. It provides services at nine airports, employs more than 10,000 people, and as per its website, handles approximately 58,000 flights and 540,000 tonnes of cargo every year.
The company was last granted security clearance in November 2022.
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