Delhi HC junks Turkish firm Celebi’s plea against revocation of security clearance
In a setback to Turkiye-based Celebi, the Delhi High Court on Monday dismissed its petition challenging revocation of its security clearance by aviation watchdog BCAS in the “interest of national security”.
“I find no merit in the present petitions; the same are consequently dismissed,” Justice Sachin Datta said.
Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd oversee ground handling and cargo terminal functions at various airports in the country. The security clearance to the company, part of Turkiye’s Celebi, was given in November 2022. Operating in the Indian aviation sector for over 15 years, Celebi employed over 10,000 people, offering services at nine airports in India.
The Bureau of Civil Aviation Safety (BCAS) on May 15 revoked the security clearance “with immediate effect in the interest of national security”, days after Turkiye backed Pakistan and condemned India’s strikes on terror camps in the neighbouring country.
Celebi had contended that the Centre’s move was against the principles of natural justice and in violation of the procedure under the Aircraft Security Rules while the Centre had defended its action, citing an “unprecedented” threat to aviation security.
“Any action taken by the Director General of the Bureau of Civil Aviation for the purpose of revocation of any security clearance on the basis of inputs received from the law enforcement/intelligence agency cannot be considered to be an act inconsistent with the Aircraft Rules 2023, contrary to what has been contended on behalf of the petitioners,” Justice Datta said in his 94-page judgment.
The high court accepted Solicitor General Tushar Mehta’s argument that Section 6 of the Bharatiya Vayuyan Adhiniyam, 2024, made it obligatory on the Director General of Bureau of Civil Aviation to issue any direction/order for the purpose of safeguarding and securing the civil aviation operations and in the interest of security of India.
It also appreciated Mehta’s submission that safeguarding and securing the civil aviation operations was also required under India’s international obligation under Annexure 17 of the Convention on International Civil Aviation which mandated the contracting States to ensure civil aviation security, including control of access to restricted areas and background checks of individuals.
“In the context of a ground/cargo handling agency, with access to sensitive areas of airport/s which operate in a sensitive domain, any national security concerns would inherently necessitate swift executive action,” the high court noted.
“Section 6 specifically and expressly empowers the Director General of BCAS to issue directions/orders to any person in respect of matters listed under clauses (i), (j), (o), (ze), and (zg) of Section 10(2), where such action is necessary in the interest of national security. It is a specifically tailored provision designed to address situations involving national security, vesting authority in the Director General to take remedial/preventive action,” the HC said.
The Centre had contended that the decision to revoke clearance was taken in the interest of national security in light of certain inputs that continuing the services of the petitioner companies would be hazardous in the current scenario.
India