Latest news with #AircraftAct
Indian Express
23-05-2025
- Business
- Indian Express
Court ought not to see info in sealed cover unless firm is given gist of allegations, Celebi tells Delhi HC
Ground handling service provider Celebi Airport Services India Private Limited told the Delhi High Court on Friday that the government 'is not endowed' with plenary powers as it claims and that 'it is not open for government' to say that it can be in breach of its own rules of granting an opportunity of hearing while revoking security clearance. The firm also told the court that it ought not peruse materials provided to it in sealed cover until the firm is given a gist of the allegations it is faced with. In the backdrop of public outrage over Turkey's support for Pakistan amid the recent India-Pakistan conflict, the Bureau of Civil Aviation Security (BCAS) had revoked the security clearance granted to the Turkey-based firm on May 15 'with immediate effect in the interest of national security', following which Celebi Airport Services India Private Limited moved the Delhi High Court challenging the order. The government has justified the revocation before the court on grounds of intelligence inputs it had received and the perceived threat, even as the firm has emphasised that it is an 'Indian company'. Earlier, the government had told the court that given the national security threat, it was not mandatory for authorities to be in full compliance of principles of natural justice. It had also submitted that the rules pertaining to granting an opportunity of hearing before any such action are directory in nature, and not mandatory. Senior advocate Mukul Rohatgi, appearing for the firm, told Justice Sachin Datta while highlighting provisions of the Aircraft (Security) Rules 2023 as well as Bharatiya Vayuyan Adhiniyam 2024 (which replaced the 1934 Aircraft Act) that 'it is not open for government to say that 'I can breach it'…It is a very carefully drafted rule, otherwise there would've been an exception…(It is) not a carte blanche, the government is not endowed with this power…to do it of his (their) own will. He (Government) has to follow the law and the law is objective… He (Government) has to record reasons in writing, not in your mind…Right to business cannot be curtailed in this flippant manner…Directions can be issued in compliance with the rules.' While the government had earlier argued that 'there is substantial compliance of principles of natural justice' for the firm, Rohatgi argued that there is 'nothing to show compliance' of Rule 12 of the Aircraft (Security) Rules 2023. Emphasising that the firm ought to have been put on notice before the government's action, Rohatgi argued, '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 the allegations.' Rohatgi further added that without the firm being in the know of the allegations, it faces the same prejudice before the court as it does before the government. Upon a query from Justice Datta as to whether Rohatgi was suggesting that 'this court ought not to look at it (material in sealed cover)?' Rohatgi responded, 'Yes, (not before) I (am) given a gist of it…' The court has now instructed the parties to file their written submissions by Monday.
Indian Express
23-05-2025
- Politics
- Indian Express
Not mandatory to hear Celebi when responding to national security threat, Centre tells Delhi HC
Countering ground handling service provider Celebi Airport Services India Private Limited's grievance that it was not granted an opportunity of hearing before revocation of its security clearance, the central government on Thursday told the Delhi High Court that given the national security threat, it was not mandatory for authorities to be in full compliance of principles of natural justice. Solicitor General Tushar Mehta, appearing for the government, told Justice Sachin Datta that it can exercise its plenary powers, which are above and beyond the rules that stipulate the grant of opportunity of hearing. A day ago, Turkey-based Celebi had told the Delhi High Court that the revocation of its security clearance by the aviation watchdog, Bureau of Civil Aviation Safety (BCAS), was in violation of due procedure and principles of natural justice under Rule 12 of Aircraft Security Rules, 2023. The BCAS decision had come after backlash in India over Turkey's support to Pakistan in the recent conflict with India following Operation Sindoor. 'In the facts of the case, there is substantial compliance of principles of natural justice…compliance in full was not required…Rule 12 is directory not mandatory because there is no consequence of non compliance stipulated in the Rules…Rules do require (grant of opportunity of) hearing, because ground handling contracts can be cancelled on several grounds…on minor lapses…but in case of national calamity or national level security threat, they are directed…Even if the rule is treated to be mandatory it is substantially complied with in the facts and circumstances of the case,' Mehta told Justice Datta. Submitting that the government can exercise plenary power of superintendence, Mehta said, '…only condition being, power can be exercised only for security of country and aviation security.' '(We are) dealing with a very precarious sui generis situation where there is potential threat to country's various airports due to certain prevailing circumstances …Here we are responding to the immediate threat…Considering the very subject matter, this power has to be given…because somebody can blast the entire aircraft, entire airport,' Mehta said, while referring to the Aircraft Act, 1934, Bharatiya Vayuyan Adhiniyam 2024 (which replaced the 1934 Act), and Aircraft Security Rules of 2011 and 2023. Noting that the firm, as a ground handling service provider, has access to full passenger data, including VIP movements and their luggage, as well as direct access to aircraft – both passenger and cargo – Mehta further clarified that if such revocation is not by exercise of plenary powers, an opportunity of hearing is to be granted. 'If it is not a plenary power, under rule 12 (of Aircraft Security Rules, 2023), it does require that opportunity of hearing to be given and reasons to be recorded but the country sometimes faces situation which is so unprecedented that neither any hearing is possible because the delay itself may defeat the objective nor is it possible to give reasons for the action and therefore the plenary power comes into play,' Mehta reasoned. Mehta also pointed out to one of the clauses in BCAS's grant of security clearance to the firm on November 21, 2022 where it is stated that 'Director General, BCAS reserves the right to revoke this security clearance at any time without assigning any reasons thereof, in the interest of national/civil aviation security'. Mehta also submitted that a day before the revocation, the firm had sent a representation, which was considered while passing the order of revocation of security clearance on May 15. The firm, in a communication to several authorities, including to Ministry of Civil Aviation, the BCAS as well as the Ministry of Home Affairs on May 14, had stated that while its ultimate parent holding company – Celebi Aviation Holding – is incorporated in Turkey, over 65 per cent of its ownership rests with international institutional investors, adding that in India, it is 'very much a domestic operation'. It also stated that it has invested over $250 million in India and has been operating in India for the past 17 years. Mehta also provided to the court in sealed cover the directions by the central government through the Ministry of Home Affairs to the aviation authorities. A day ago, Celebi Airport Services India Private Limited had registered its protest of the procedure of sealed cover, with senior advocate Mukul Rohatgi, appearing for the firm, telling the court, 'I protest this procedure of sealed cover by keeping the other person in the dark. The sealed cover procedure is frowned upon by the SC…I have been told to go home and I am fighting with my hands tied to the back.'
Hindustan Times
12-05-2025
- Hindustan Times
Punjab: Drone, pistol seized from near border in Ferozepur
The Border Security Force (BSF) and Punjab Police have recovered a drone from a field near a village along the international border, officials said on Sunday. According to a police spokesperson, during routine patrolling on Saturday night, a team searched an area near Ganesh Wala Jhuge village near the International Border and discovered a DJI Air-3 drone along with a pistol and magazine. The pistol was without a barrel. Preliminary investigations suggest the drone and pistol were sent from Pakistan. Authorities suspect the drop was coordinated by a cross-border network and are currently investigating local connections to uncover the larger conspiracy. A case has been registered under Sections 24, 54, and 59 of the Arms Act, as well as Sections 11 and 12 of the Aircraft Act, at the Sadar police station.
Time of India
11-05-2025
- Time of India
Punjab: Drone, pistol recovered near international border in Ferozepur
BSF and Punjab Police have recovered a drone from an agricultural field near a village, situated along the international Indo-Pakistan border , officials said on Sunday. The officials received inputs regarding the drone and a search operation was carried out. The drone along with a pistol and a magazine was recovered from an agricultural field on Saturday near Ganeshe Wale Jhugge village, they said. Police have registered an FIR against unidentified persons under various provisions of the Arms Act and under the Aircraft Act . Further investigation is underway.
Indian Express
11-05-2025
- Indian Express
Suspected cross-border arms smuggling using drone thwarted in Amritsar; pistols, grenades, RDX seized
In a joint operation, the Border Security Force (BSF) and the Amritsar Rural police in Punjab Saturday foiled a suspected cross-border arms smuggling attempt using a drone and recovered pistols, grenades and RDX explosive. The recovery was made near the Chak Bala village under the jurisdiction of the Ajnala police station in the Amritsar district. This was after local residents alerted authorities about suspicious activity in the area. Acting swiftly, the security forces located a consignment of arms and explosives in agricultural fields close to the international border. The seized items include two .30 calibre pistols along with four magazines, 30 live cartridges, two hand grenades, two lever detonators, a remote control device with charger, a command mechanism, eight batteries, a black box, and 972 grams of RDX explosive. The consignment has been sent for a forensic examination. While no arrests have been made so far, agencies are analysing the recovered items and technical evidence to identify possible links with previous drone incidents reported in the region. Officials said a First Information Report (FIR) has been registered under relevant sections of the Explosive Substances Act, Arms Act, and Aircraft Act. An investigation is underway to trace the intended recipients and establish the drone's route for the smuggling attempt. This is the latest in a series of coordinated efforts by the Punjab Police and the BSF to curb cross-border smuggling through unmanned aerial vehicles. The police said such recoveries point to ongoing attempts by anti-national elements to push weapons and explosives into Punjab from across the border. Security officers have stepped up surveillance and patrolling along sensitive border stretches, particularly in the Amritsar and Tarn Taran sectors, which have witnessed multiple drone recoveries in recent months. A senior officer confirmed that the BSF and Punjab Police are working jointly with local residents and intelligence units to monitor suspicious activity and prevent smuggling operations.
