Delhi HC reserves order on Celebi's security clearance withdrawal
NEW DELHI: Delhi high court reserved judgment Friday on a petition by Celebi Airport Services Private Ltd against a decision by the Centre's Bureau of Civil Aviation Security (BACS) to withdraw the Turkiye company's security authorisation for ground handling operations at airports over national security concerns.
A single-judge bench of Justice Sachin Datta reserved the judgment after listening to senior advocate Mukul Rohatgi, representing Celebi, and solicitor-general Tushar Mehta, appearing for the central govt. The court requested all parties to submit written statements by Monday. The cancellation of Celebi's security clearance came in the aftermath of Operation Sindoor and Pakistan's retaliation that included use of Turkish weapons.
Rohatgi argued that principles of natural justice were breached, as Celebi received neither prior notice nor information about govt's intended actions. The decision violated Rule 12 of the Aircrafts Security Rules, 2023, rendering it invalid. The rule stipulates that govt must provide an entity an opportunity to present its case before suspending security clearance. Any suspension requires documented justification and cannot exceed one year.
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Cancellation is permitted only on reasonable grounds of national security, civil aviation security, or over non-compliance with security conditions.
Rohatgi contended that Centre was not endowed with plenary powers, as it claimed to, and it was not open for govt to say it could be in breach of its own rules of granting an opportunity of hearing while revoking security clearance.
Celebi urged the HC not to examine materials provided to it in a sealed cover until the firm was given a gist of the allegations it faced. Emphasising the firm ought to have been put on notice before govt's action, Rohatgi said: "Notice has to say the proposed punishment based on the gravamen of the facts... In a given case you can redact some information...something I should know, or should I argue from newspapers?... Give me a gist of allegations.
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