We are Indian, employees are Indians, Turkey-linked Celebi Aviation tells court

India Today

21-05-2025

"We are an Indian company. Our employees are Indian," argued Celebi Aviation Services India Pvt Ltd in the Delhi High Court on Wednesday as the firm challenged the Bureau of Civil Aviation Security's (BCAS) decision to revoke its security clearance earlier this month in the "interest of national security".Senior Advocate Mukul Rohatgi, appearing for Celebi Aviation, told Delhi High Court that the company has been operating in India for 17 years without a single blemish and that the move to revoke security clearance was arbitrary and in violation of the principles of natural justice.advertisement"This is a matter of grave importance. My contracts with airport operators are being cancelled," he submitted.
Justice Sachin Datta-headed High Court bench is hearing Celebi's petition against the May 15 order, which came shortly after Turkey publicly backed Pakistan and criticised India's strikes on terror camps, raising questions about whether the regulatory action was politically motivated. Rohatgi, however, confined his arguments to legal grounds and the procedural lapses in the government's decision.Citing the evolution of aviation security regulations, Rohatgi argued that the legal framework has changed significantly since earlier precedents. "Justice Kurian Joseph's judgment dealt with the Aircraft Rules of 1937, which are no longer applicable. There were new rules in 2011, and the current position is governed by Rule 12," he said.He insisted that Rule 12 mandates a hearing before any drastic decision such as revocation of security clearance is taken.advertisement"Wherever such decisions are made, the principles of natural justice kick in. I wasn't even given notice, even though the rule says I have to be given one. I am not insisting on a copy of the reasons. I'm saying I was handicapped because the material wasn't supplied to me," the senior advocate pointed out.At one point, the bench asked whether the rules allowed courts to direct the authorities to share documents. Rohatgi pointed to Rule 12 again, stating that an accused party must at least have an idea of what they are being accused of. "If I had known about the accusation, some solution could have been found. If the problem is that some of the people are from Turkey, I'll replace those people. What more can I say?" Rohatgi added.The counsel also emphasised that Celebi does not operate shops or duty-free zones, but handles passengers, luggage, and check-ins at airports. "What they've done now is shifted my 10,000 employees to work under other ground handlers. The employees are still there, it's the company that's being thrown out," he said.CENTRE DEFENDS MOVE Meanwhile, the central government defended its move, claiming that the decision was taken in the interest of national security in light of certain inputs that continuing the services of Celebi Aviation and other such companies would be hazardous in the current scenario.advertisement"I am saying that it is a national security issue and the order (revoking clearance) reflects the same. Enemy can make 10 attempts and has to succeed in one. While security agencies have to succeed on all 10 occasions. National security based upon civil aviation security has to be placed on the highest pedestal," Centre's Solicitor General Tushar Mehta argued.CELEBI INDIA BUSINESSFounded in Istanbul, Celebi operates across nine major Indian airports — including Mumbai, Delhi, and Bangalore — handling around 58,000 flights and 5.4 lakh tonnes of cargo annually.At Mumbai's Chhatrapati Shivaji Maharaj International Airport alone, it controls nearly 70 per cent of the ground-handling operations.Its responsibilities include ground handling, cargo transport, and airside services — all tightly regulated due to the high-security nature of airport operations.