Delhi HC upholds Celebi security ban, cites national security threat

Business Standard

7 hours ago

The Delhi High Court on Monday dismissed Turkey-based company Çelebi Airport Services Private Limited's plea challenging the Indian government's decision to revoke its security clearance. The court said that 'once national security considerations are found to exist, it was not for the Court to 'second guess' the same.'
'As per settled law, once national security considerations are found to exist, on the basis of which the security clearance has been cancelled/revoked, it is not for the Court to 'second guess' the same,' the order said.
Justice Sachin Datta upheld the revocation of security clearance of the Turkey-based firm by the Bureau of Civil Aviation Security (BCAS) in the interest of national security.
On perusal of the relevant information, it transpires that there are compelling national security considerations involved, which impelled the Indian government to revoke the security clearance, the court said.
The court further noted that impelling geopolitical considerations, impinging upon the safety of the country, were also involved.
'…the executive wing and not the judicial wing has the knowledge of India's geopolitical relationships to assess if an action is in the interest of India's national security,' the order stated.
There was a considerable body of judicial dicta to the effect that the State is well within its rights to take pre-emptive measures to protect and preserve national security, the single-judge bench of the High Court said.
'No doubt, the principles of natural justice are sacrosanct; however, it is a compelling constitutional truth that security of the realm is the precondition for enjoyment of all other rights. The State/respondents are indeed justified in taking prompt and definitive action so as to completely obviate the possibility of the country's civil aviation and national security being compromised,' the court said.
In its petition to the Delhi High Court, Çelebi Airport Services had said that public perception cannot be grounds for revocation of security clearance. The ground-handling company also submitted that it had been given no reason or opportunity for a hearing.
'We have been carrying the operations for 17 years without blemish. Then we received a letter on May 15 cancelling the security clearance. We were given no reason and no opportunity for hearing. It is because of public perception that the shareholding of the company is of Turkish nationals. But public perception cannot be grounds (for revocation of security clearance). There are 14,000 employees working. The entire business goes for a toss,' Çelebi's lawyers had told the court.
Çelebi had also argued that the Indian government's decision to revoke its security clearance was 'arbitrary and devoid of specific reasons.'
The Ministry of Civil Aviation, acting through the Bureau of Civil Aviation Security (BCAS), withdrew Çelebi's clearance on 15 May 2025, invoking national security grounds. The move came amid mounting diplomatic tensions after Turkey supported Pakistan during hostilities involving Operation Sindoor. At least seven airports in the country cancelled the services of Çelebi and its subsidiaries.
Çelebi challenged the contract cancellations before the High Courts of Madras, Bombay and Gujarat, besides challenging the security revocation before the Delhi High Court. While the pleas are pending in the Gujarat and Bombay High Courts, the Madras High Court had in June granted interim protection to Çelebi Ground Services Chennai under Section 9 (interim protection to parties) of the Arbitration and Conciliation Act, 1996.
Background
Çelebi, a wholly owned Indian subsidiary of Turkish parent company Çelebi Aviation Holding, argued that the government's order lacked any prior notice or opportunity to respond. The company described the justification as 'vague' and 'unsubstantiated,' asserting that such actions jeopardise foreign investor confidence and threaten the livelihoods of Indian employees.
The company also clarified that while it has Turkish ownership, operational and managerial control of its Indian entity is handled by an India-based team, and that it has maintained a clean track record for over a decade at major airports. Solicitor General Tushar Mehta, appearing for the Central government, expressed national security concerns over the firm's presence, and said, 'The enemy can try 10 times and succeed once; a country has to succeed all the time.'
'In cases of civil aviation and national security, there cannot be a doctrine of proportionality,' he added. He also submitted that the individuals employed by the company in question, who are deployed at airports, have access to every corner of the airport as well as the aircraft.
'The government had inputs that it would be hazardous in this scenario, in which the country is in, to leave this activity in the hands of this company,' he said.
Mehta maintained that the revocation was rooted in concerns over national security under the Aircraft Security Rules, particularly Rule 12. Rule 12 of the Indian Aircraft (Security) Rules, 2023, grants the Director General of Civil Aviation (DGCA) the power to suspend or cancel security clearances and security programmes. Following the revocation of clearance, Delhi International Airport Limited (DIAL) also terminated its contracts with Çelebi, and in Mumbai, Indothai, a domestic operator, was brought in to take over the firm's ground-handling services.