Delhi HC rejects Celebi plea against security clearance revocation

Time of India

2 days ago

The
Delhi High Court
on Thursday rejected another petition by Turkish company
Celebi Ground Handling India
against the government's decision to revoke the
security clearance
for
ground handling operations
at the airports.
Celebi Ground Handling's petition was identical to the issue raised by its related companies in other petitions, which was "squarely covered" in the July 7 order, Justice Tejas Karia said on Thursday.
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Similar petitions by related entities, Çelebi Airport Services India and Çelebi Delhi Cargo Terminal Management were earlier dismissed by another bench of Justice Sachin Datta on July 7.
The court on July 7 said that there is 'no doubt, the principles of natural justice are sacrosanct; however, it is a compelling constitutional truth that security of the realm is the pre-condition for enjoyment of all other rights.'
"The action taken is consistent with the judicially evolved principles, recognized across jurisdictions, which give primacy to legitimate national security considerations, even when weighed against the procedural due process,' it said.
Emphasising that the law enforcement/intelligence agencies are in the best position to assess the demands of national security, the court said that 'once national security considerations are found to be in play, then, the court would not second guess the rationale/sufficiency of the action taken.'
Citing various Supreme Court judgments, it said that the principles of natural justice may be excluded when
national security concerns
outweigh the duty of fairness and the State is best placed to decide how the interest of national security would be served.
'Ground handling services at airports offer deep access to airside operations, aircrafts, cargo, passenger information system and security zones. Such unbridled access to vital installations and infrastructure naturally elevates the need for strict security vetting for operators, and their foreign affiliations. This is particularly true in the wake of contemporary challenges faced by the country in the security domain, and the escalations/incidents witnessed in the recent past, with geopolitical factors at play,' the judgement stated.
Celebi companies had moved the various courts after the government revoked the security clearance, citing national security concerns. They claimed that the revocation violated the principles of natural justice, as it was done without any prior show cause notice, hearing, or adequate justification for raising 'vague national security' concerns.
Similar cases are still pending before the high courts of Bombay, Madras and Gujarat.
The Director General of the Bureau of Civil
Aviation Security
(BCAS) had on May 15 announced immediate cancellation of Celebi's security clearance, impacting the company's operations at nine Indian airports, including Delhi, Mumbai, and Bengaluru. The BCAS had also issued a directive to them to transfer their employees to third parties.
The government's order had come in the wake of widespread boycott calls against Turkey after the country backed Pakistan during the military conflict between India and Pakistan, triggering a diplomatic fracas.