National Security Above All, SGI Tells HC in Çelebi Clearance Row

Solicitor General Tushar Mehta on Monday told the Delhi High Court that national security must be placed on the highest pedestal, while opposing the plea filed by a Turkey-based company challenging the revocation of its security clearance.

SG Tushar Mehta, appearing for the Union government, made his submissions before a bench led by Justice Sachin Datta.

"There are two companies. I’m saying this is a national security issue, which is the basis of the judgment, and the order reflects it. There are two contracts — one for airport handling and the other for cargo handling. These sensitive operations where personnel know every nook and cranny of the airport,'' SG Mehta added.

SG Mehta emphasised that the enemy needs only one success out of ten attempts, while security agencies must succeed every single time. He asserted that national security must be placed on the highest pedestal.

While citing Rule 12 of the Aircraft Security Rules, Solicitor General Tushar Mehta reiterated that the revocation of security clearance was based on national security concerns.

However, Senior Advocate Mukul Rohatgi, appearing for Turkey-based Çelebi, submitted that the company had been operating for the last 17 years.

"We are engaged in ground handling and certain other activities at various airports. On May 15, we received a letter stating that our security clearance had been revoked in the interest of national security, without any opportunity for a hearing and no reasoning," he argued.

Rohatgi contended that the action was driven by public perception, as the company’s shareholding includes some Turkish nationals.

"Public perception cannot be a ground to take away the employment of 1,400 people across India and various airports. This is not a rogue company their entire business goes for a toss," Rohatgi added.

Rohatgi placed reliance on the Supreme Court’s judgment in Madhyamam Broadcasting Limited v. Union of India, where a broadcasting channel was denied security clearance on national security grounds.

He further contended that the company was not even allowed the opportunity to be heard.

Hearing this, Justice Datta remarked," It depends on the nature of the difficulty."

Rohatgi then said that the onus is on the government to show that the need was so grave that the clearance had to be revoked without even a hearing.

In response, Justice Sachin Datta said, "The apprehension was so grave that service of notice would have been counterproductive; assuming there is an apprehension, founded or not so well-founded, you may end up doing something inimical to national security — the moment it is given to you, it might hasten you to do what is apprehended."

Accordingly, the Court deferred the hearing to Wednesday.

Turkey-based company, Çelebi Airport Services Private Limited, has challenged the government’s decision to revoke its security clearance, citing 'national security interests.

The Ministry of Civil Aviation, through its official Press Information Bureau (PIB) handle on X (formerly Twitter), announced: “In exercise of the powers conferred upon the Director General, BCAS, the security clearance granted to Çelebi Airport Services India Pvt. Ltd. is hereby revoked with immediate effect, in the interest of national security.”

As per a Reuters report, Çelebi has asserted that the revocation of its security clearance was arbitrary and lacked specific justification. It has been argued that the order only gave vague references to 'national security' without any elaboration.

Noting that the order was passed without prior notice, the company has further alleged that the order of revocation would impact the employment of nearly 3,791.

While acknowledging that its shareholders are registered in Turkey, the company has said that the ultimate control lies with groups that are incorporated outside Turkey and do not have Turkish origin.

Case Title: CELEBI DELHI CARGO TERMINAL MANAGEMENT INDIA PVT. LTD. v/s UNION OF INDIA & ORS.