Why Delhi HC dismissed Turkish firm Celebi's challenge to security clearance revocation
The company had approached the HC after the Bureau of Civil Aviation Safety (BCAS) revoked Celebi Airport Services India's security clearance on May 15, amid growing tensions between India and Turkey over the latter's stance on Pakistan following Operation Sindoor. The Indian government said that the revocation was 'in the interest of national security'.
What was the case?
Celebi moved the HC arguing that it was not provided an opportunity for hearing by the Centre before the revocation of the company's security clearance. It cited the Aircraft (Security) Rules, 2023, stating that the rules made it mandatory for the government to provide the company with an opportunity for a hearing.
The Centre, however, told the court that given the decision was in the interest of national security, authorities did not need to be in full compliance with the principles of natural justice.
What did the court say?
The HC's Justice Sachin Datta, who heard the case, dismissed Celebi's challenge, saying that there were 'compelling national security considerations involved', which 'impelled' the Centre to revoke the clearance, with 'impelling geo-political considerations' at play.
While Justice Datta acknowledged that Celebi was not given the opportunity for hearing before the revocation of its security clearance, he relied on domestic and foreign jurisprudence to conclude that 'the principles of natural justice must yield to preservation of natural security'.
What does the ruling mean for Celebi in India?
The Delhi HC's decision has a direct bearing on legal challenges Celebi has instituted before various HCs in the country, including Madras, Bombay, and Gujarat HCs. The company in these HCs has challenged the cancellation of its contracts by various airports. The cancellations were made following the Centre's decision to revoke the company's security clearance.
In India, Celebi was providing ground handling services at Delhi's Indira Gandhi International Airport, Kerala's Cochin International Airport, Bengaluru's Kempegowda International Airport, Hyderabad's Rajiv Gandhi International Airport, Goa's Manohar International Airport, and Ahmedabad airport.
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