In HC, Centre defends revocation of Türkiye-based Celebi's security clearance
Also Read | Centre opposes Turkish firm Celebi's plea against revoking of security clearance
Solicitor General Tushar Mehta, representing the Centre, told the court that during 'unprecedented' times, providing a hearing or reasons before taking action 'defeats the purpose,' especially in matters concerning national security.
Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd, which oversee ground handling and cargo terminal functions, have moved the court challenging the Centre's decision.
The Bureau of Civil Aviation Safety (BCAS) revoked the security clearance of the firms just days after Türkiye backed Pakistan and condemned India's strikes on terror camps in the neighbouring country.
During the hearing, Mr. Mehta stated that the firms were involved in ground and cargo handling, with access to aircraft and cargo screening at several airports, including those handling VIP movements — prompting authorities to exercise their 'plenary powers' under the relevant law to take action.
The Solicitor General clarified that the decision was neither a 'carte blanche' nor a 'brahmastra,' as it remained subject to judicial review. If the court found that the authorities had exercised their powers in a cavalier manner, it could intervene, he added.
He also defended the decision to revoke the security clearance of Türkiye-based firms without warning as it was '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,' Mr. Mehta explained.
The Solicitor General said ground handling contract could be cancelled at any time. Responding to the petitioners' objection to the Centre submitting certain 'inputs' to the court in a sealed cover, Mr. Mehta argued that concerns of national security outweighed the right to disclosure.
The court will continue the hearing on May 23.
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