Delhi HC says Turkish firm, Celebi Airport Services not allowed to operate in India, dismisses plea against Centre’s decision

The Delhi High Court on Monday, July 7, dismissed a plea filed by Turkey-based Çelebi Airport Services Private Limited challenging the Bureau of Civil Aviation Security’s (BCAS) decision to revoke its security clearance on grounds of national security.

A bench presided over by Justice Sachin Datta passed the order.

A detailed copy of the judgment is awaited.

The High Court had on 23 May reserved its verdict on a plea filed by Turkey-based Çelebi Airport Services Private Limited, challenging the Bureau of Civil Aviation Security’s (BCAS) decision to revoke its security clearance on the grounds of national security.

During the hearing, Senior Advocate Mukul Rohatgi had appeared for Çelebi. On the other hand, Solicitor General Tushar Mehta presented arguments on behalf of the central government.

Solicitor General Tushar Mehta had strongly opposed the plea. He had argued that Turkey-based Çelebi was involved in ground handling and cargo operations, which gave them direct access to aircraft and sensitive data, including VIP movement and cargo details, related to both domestic and international flights.

He emphasised that the Union Government retained plenary power even after granting security clearance, allowing it to take decisive action in cases involving national security.

Highlighting the unprecedented situation the country was facing, SG Mehta had asserted that in matters concerning national security, granting a hearing might defeat the very purpose of the action being taken.

SG Mehta had argued 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, SG Mehta reiterated that the revocation of security clearance was based on national security concerns.

On the other hand, Senior Advocate Mukul Rohatgi, while referring to Rule 12 of the Aircraft Security Rules, stated that no part of the provision had been complied with and that Çelebi was not given any notice or hearing before the decision was taken.

He had also referred to Section 6 of the Bharatiya Vayuyan Adhiniyam, which pertains to the power to issue directions. He argued that the power to issue directions is not the same as the power to cancel or revoke a security clearance.

Rohatgi also argued 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 had stated, "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."

Brief Background

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, 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 had asserted that the revocation of its security clearance was arbitrary and lacked specific justification. It had 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 had 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 had alleged 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