Today, On 7th July, The Delhi High Court upheld the government’s move to revoke Celebi’s security clearance without prior notice, stressing that national security cannot be questioned in court. It ruled that “national security is not subject to judicial review.”
New Delhi: The Delhi High Court upheld the government’s decision to revoke the security clearances of the Turkish-owned aviation company Çelebi without prior notice, stating that national security considerations can take precedence over principles of natural justice.
Justice Sachin Datta highlighted the importance of national security, asserting that “security of the realm is the pre-condition for enjoyment of all other rights.”
Also Read: Revocation of Security Clearance| Turkish Firm Celebi’s Plea Dismissed by Delhi High Court
The Court referenced the Supreme Court ruling in Ex-Armymen’s Protection Services v. Union of India, which established that procedural protections may yield to security needs.
The High Court clarified that once national security concerns are identified as the basis for an action, the issue of whether it serves national security is not subject to judicial review.
The Ministry of Civil Aviation, through the Bureau of Civil Aviation Security (BCAS), withdrew Çelebi’s security clearance on May 15, 2025, citing national security grounds. This decision followed a recent four-day military conflict between India and Pakistan, during which the Turkish government openly supported Pakistan.
In response to the revocation, Delhi International Airport Limited (DIAL) terminated its contracts with Çelebi. The company, a wholly-owned subsidiary of Turkish Çelebi Aviation Holding, promptly challenged this decision in the High Court.
Two petitions were submitted: one by Çelebi Airport Services India Private Limited, which provides ground handling services at several major airports, and another by Çelebi Delhi Cargo Terminal Management India Private Limited, which handles cargo services at Indira Gandhi International Airport.
The company criticized the government’s justification as “vague and unsubstantiated,” claiming that such actions could undermine foreign investor confidence and threaten the jobs of over 3,800 Indian employees. They also clarified that while they have Turkish ownership, operations are managed by an India-based team, maintaining a clean track record for over a decade.
In Mumbai, domestic operator Indothai has begun to take over ground handling services from Celebi, which has filed a plea against this move in the Bombay High Court.
The Court noted that the government’s action violated Rule 12 of the Aircraft (Security) Rules, 2023, which requires the Director General of BCAS to provide an opportunity for a hearing and document reasons before suspending or canceling any security clearance.
However, it accepted the Union government’s argument, presented by Solicitor General Tushar Mehta, that national security justifies immediate and confidential action without a pre-decisional hearing.
The government cited statutory powers under Section 6 of the Bharatiya Vayuyan Adhiniyam, 2024, and Section 5A(1A) of the Aircraft Act, 1934. The Court concluded that interpreting Rule 12 to require a pre-decisional hearing in all cases could undermine the objectives of the BCAS.
After reviewing classified intelligence materials presented in a sealed cover, the Court determined that compelling national security concerns warranted the government’s actions.
Justice Datta remarked,
“On perusal of the relevant inputs/information, it indeed transpires that there are compelling national security considerations involved, which impelled the respondents to take impugned action.”
The judgment highlighted worries about potential espionage and the dual-use of logistics capabilities, which could significantly threaten national security, especially during external conflicts.
The Court recognized that Çelebi’s Turkish ownership and their extensive access to sensitive airport areas, including aircraft, cargo holds, and security zones, heightened security risks.
The judgment stated,
“Ground handling services at airports offer deep access to airside operations, aircrafts, cargo, passenger information system and security zones,”
The Court found that the government’s action was authorized under Section 6 of the Bharatiya Vayuyan Adhiniyam, 2024, which empowers the Director General of BCAS to issue directives for national security purposes. It also referenced India’s obligations under Annexure 17 of the Convention on International Civil Aviation, which mandates background checks and access controls.
The Court concluded, dismissing both petitions,
“The State/respondents are indeed justified in taking prompt and definitive action so as to completely obviate the possibility of the country’s civil aviation and national security being compromised,”
Çelebi was represented by Senior Advocates Mukul Rohatgi, Sandeep Sethi, and Darpan Wadhwa, along with advocate Ritu Bhalla from Luthra & Luthra.
The Union of India was represented by Solicitor General Tushar Mehta and Additional Solicitor General Chetan Sharma.
Case Title: Celebi Airport Services India Private Limited v. Union of India
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