The Delhi High Court on Friday reserved its judgment on the plea filed by Turkish company Celebi Airport Services India Pvt Ltd, challenging the aviation regulator BCAS’s decision to revoke its security clearance, citing "national security" concerns.
Justice Sachin Datta’s bench on Friday reserved the order after hearing extensive arguments from both sides. The next hearing is scheduled for May 24, Reuters reported.
Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd have filed a lawsuit against the Central Government following the revocation of their security clearance by the Bureau of Civil Aviation Safety (BCAS) on May 15.
This decision came shortly after Turkey expressed support for Pakistan and criticized India's military operations against terror camps in the region.
In defence of its actions, the Centre argued that the revocation of the security clearance was necessary due to an "unprecedented" threat to aviation security.
Solicitor General Tushar Mehta, while addressing Justice Sachin Datta, said that during such "unprecedented" times, providing a hearing or reasoning prior to taking action would "defeat the purpose." He emphasized that in matters of national security, "either we do something or we don't" but there was "nothing in between."
Mehta explained that the petitioners, involved in ground and cargo handling, had access to aircraft and cargo screening at several airports, including those with VIP movements. This led authorities to exercise their "plenary powers" under relevant laws.
He said, "The court is dealing with a sui generis situation where there is a potential threat to the country's civil aviation security at various airports... When the country sometimes faces a situation where they are so unprecedented that neither an opportunity of hearing is possible because delay itself might defeat the object of the act nor it is possible to give reasons for the action because that again defeats the purpose of the action, plenary powers come in."
Mehta further noted that the plenary power is also retained during the granting of security clearance and that the ground handling contract could be terminated at any time. He pointed out that the agreement between the parties allowed authorities to revoke the security clearance, which was acknowledged by the petitioners.
Regarding the petitioners' concerns about the Centre providing certain "inputs" to the court in a sealed cover, Mehta claimed that national security considerations outweighed the right to know. However, he assured the court of "substantial compliance" with the principles of natural justice, stating that the authorities had considered a representation from the firms. He clarified that the decision was not a "carte blanche" or "brahmastra," as it remained subject to judicial review, and if the court found that the authorities acted in a "cavalier manner," it could intervene.
On May 19, the Centre reiterated that the revocation decision was made in the interest of national security, citing that the continuation of services from the petitioner companies posed a risk in the current scenario. In response, the petitioners highlighted their long-standing operations, stating they had been conducting ground handling at various airports for 17 years "without any blemish," and expressed concern over the "sudden" revocation of their security clearance.
Celebi has been a player in the Indian aviation sector for over 15 years, employing more than 10,000 individuals and providing services at nine airports.
The security clearance for the company, part of Turkey's Celebi, was initially granted in November 2022. Celebi manages approximately 58,000 flights and 540,000 tonnes of cargo annually in India, as per information on its website.
Justice Sachin Datta’s bench on Friday reserved the order after hearing extensive arguments from both sides. The next hearing is scheduled for May 24, Reuters reported.
Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd have filed a lawsuit against the Central Government following the revocation of their security clearance by the Bureau of Civil Aviation Safety (BCAS) on May 15.
This decision came shortly after Turkey expressed support for Pakistan and criticized India's military operations against terror camps in the region.
In defence of its actions, the Centre argued that the revocation of the security clearance was necessary due to an "unprecedented" threat to aviation security.
Solicitor General Tushar Mehta, while addressing Justice Sachin Datta, said that during such "unprecedented" times, providing a hearing or reasoning prior to taking action would "defeat the purpose." He emphasized that in matters of national security, "either we do something or we don't" but there was "nothing in between."
Mehta explained that the petitioners, involved in ground and cargo handling, had access to aircraft and cargo screening at several airports, including those with VIP movements. This led authorities to exercise their "plenary powers" under relevant laws.
He said, "The court is dealing with a sui generis situation where there is a potential threat to the country's civil aviation security at various airports... When the country sometimes faces a situation where they are so unprecedented that neither an opportunity of hearing is possible because delay itself might defeat the object of the act nor it is possible to give reasons for the action because that again defeats the purpose of the action, plenary powers come in."
Mehta further noted that the plenary power is also retained during the granting of security clearance and that the ground handling contract could be terminated at any time. He pointed out that the agreement between the parties allowed authorities to revoke the security clearance, which was acknowledged by the petitioners.
Regarding the petitioners' concerns about the Centre providing certain "inputs" to the court in a sealed cover, Mehta claimed that national security considerations outweighed the right to know. However, he assured the court of "substantial compliance" with the principles of natural justice, stating that the authorities had considered a representation from the firms. He clarified that the decision was not a "carte blanche" or "brahmastra," as it remained subject to judicial review, and if the court found that the authorities acted in a "cavalier manner," it could intervene.
On May 19, the Centre reiterated that the revocation decision was made in the interest of national security, citing that the continuation of services from the petitioner companies posed a risk in the current scenario. In response, the petitioners highlighted their long-standing operations, stating they had been conducting ground handling at various airports for 17 years "without any blemish," and expressed concern over the "sudden" revocation of their security clearance.
Celebi has been a player in the Indian aviation sector for over 15 years, employing more than 10,000 individuals and providing services at nine airports.
The security clearance for the company, part of Turkey's Celebi, was initially granted in November 2022. Celebi manages approximately 58,000 flights and 540,000 tonnes of cargo annually in India, as per information on its website.
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