We are an Indian company, employees are Indian: Celebi tells Delhi HC to quash security clearance revocation
Turkey-based Celebi has informed Delhi High Court that its security clearance was revoked without any prior notice or opportunity for a hearing. The company described the revocation as a complete surprise, stating that the decision came "as a bolt out of the blue."
Celebi emphasised before the court that it is mandatory to grant a hearing in such matters, and that there are no exceptions to this requirement.
The Indian unit of Turkey's Celebi asserted that it operates as an Indian company, with all employees being Indian nationals. 'We are an Indian company, employees are Indian,', Celebi told the court, as reported by Reuters.
The company urged the court to quash the revocation of its security clearance, arguing that the process was procedurally flawed and unjust.
Senior Advocate Mukul Rohatgi told Justice Sachin Datta that the Central Government has violated the principles of natural justice, while placing reliance on Rule 12 of Aircrafts Security Rules, 2023, according to Livelaw report.
During the hearing today, Rohatgi said that there is a statutory requirement of giving the company an opportunity of hearing and that the Central Government cannot create exception to the Rule.
'The maker of Rule is not entitled to create exception to the Rule. It is not that I have a perception. You have to have reasons. Reasons to be recorded in writing rules out subjectivity,' he said.
'There is flexibility available. You have to record reasons. This is another requirement, that he has reasonable grounds to believe and that he considers the action necessary. Each requirement has to be satisfied. He has the power to do this provided he gives me opportunity of hearing. He can give me a show cause notice. He must record reasons, he must have apprehension. Atleast in the order there is nothing,' he added.
Rohatgi also 'protested' to the Centre's move of giving to the Court the reasons disclosing revocation of security clearance in a sealed cover.
'Speculation can be only one, that the shareholding is of Turkish nationals. And I protest the procedure of keeping it in sealed cover. Keeping the other party in the dark,' he said.
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