Delhi High Court dismisses Turkish company Celebi's plea against revocation of security clearance

The Delhi High Court has dismissed Turkish company Celebi’s petition challenging the revocation of its security clearance.

In the wake of the India-Pakistan conflict in May in which Turkey openly supported Pakistan diplomatically and militarily, India revoked the security clearance of Celebi on May 15.

At the time of the revocation, Celebi had contract for ground handling and cargo services at nine airports in India. It had operated in the country for more than a decade.

In the May 15 order, the Bureau of Civil Aviation Security (BCAS) had said that Celebi’s licence was being revoked for “with immediate effect in the interest of national security”.

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Celebi had argued that it was being punished without being told clearly what it had done wrong.

Celebi’s lawyer, Senior Advocate Mukul Rohatgi, argued that the law, specifically Rule 12 of the Aircraft Rules, 2023, mandated that a company should receive a fair warning and a proper explanation before such strict action is taken, according to The New Indian Express.

“You cannot punish a company like this without saying what it is being punished for…Celebi has been operating in India for 17 years and employs over 10,000 people. Each of them has passed security checks. Why should the entire company be treated like a threat without a proper reason?” said Rohatgi said.

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On its part, Centre said that the revocation of the licence was based on sensitive security considerations involving Celebi’s access to critical airport infrastructure and VIP passenger information, according to Live Law.

“In cases of national security, either we act or we don’t. There is no middle ground,” Solicitor General Tushar Mehta, appearing for the Centre, told the HC.

Mehta further said that Rule 12 was directory, not mandatory, and added that the licence was revoked after reviewing a presentation made by Celebi.

“A representation made and considered before action is substantial compliance with natural justice. Rule 12 is directory, not mandatory,” said Mehta.