Latest news with #CelebiAirportServicesIndiaPrivateLimited
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.'
Indian Express
21-05-2025
- Business
- Indian Express
Due procedure not followed for revocation of security clearance: Turkish firm Celebi to Delhi High Court
Ground handling service provider Celebi Airport Services India Private Limited told the Delhi High Court on Wednesday 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. The company said the revocation of security clearance is leading to their contracts with airport operators being cancelled and the company is in the process of challenging such cancellations before courts. The BCAS had revoked the security clearance granted to the firm on May 15 'with immediate effect in the interest of national security'. The decision had come against the Turkey-based company following backlash in India over Turkey's support to Pakistan in the recent India-Pakistan conflict. Senior advocate Mukul Rohatgi, appearing for the company, told Justice Sachin Datta that the Aircraft (Security) Rules, 2023 make it mandatory and there is a statutory obligation as well to grant them an opportunity of hearing and 'the maker of rule is not entitled to create an exception, otherwise rule would have said 'it does not apply in emergent situation'.' 'I am saying it is a breach of principles of natural justice. There was no notice, no opportunity of hearing. There is violation of Rule 12 (of Aircraft Security Rules),' he said. Rohatgi also protested to furnishing of reasons for revocation to the court in a sealed cover, submitting, 'What they showed in a sealed envelope (to the court) has not been shared with us…I can only speculate and speculation is only one – that shareholding of my company is of Turkish origin. 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've been told to go home and I'm fighting with my hands tied to the back.' 'Opportunity of hearing is an elementary part of our jurisprudence…This is mandatory, not directory (in nature)…He (the government) has the power, they can give me a show-cause notice, they must record reasons…where is all this? (There is) no application of mind…It's a guillotine imposed on a man (company) who has otherwise worked in this country for 17 years…I'm an Indian company, my employees are Indian…I have 10,000 employees on my head, they (government) have said they'll be absorbed by other ground you have only chucked out the company, now they will wear a competitor's uniform…A direction cannot be inconsistent with the rules otherwise there will be chaos. Any action taken cannot be dehors the rules, and the rules require a hearing. I'm not questioning the power to withdraw,' Rohatgi argued. The firm was incorporated in India in 2009 as Celebi Ground Handling Delhi Private Limited and had subsequently changed its name to Celebi Airport Services India Private Limited in 2018. The company was granted security clearance in 2022 and was valid for a period of five years. The firm, in a communication to several authorities, including to Ministry of Civil Aviation, the Bureau of Civil Aviation Security 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% 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. Further emphasising that had the firm been given notice prior to revocation of its security clearance, it would've been an 'open and shut case', Rohatgi said, 'I could've been given even half a day's notice…I should know the accusations. If I know the accusations and if in terms of the rule there is elasticity, I could in a given case, provide a solution which would pacify (the authorities) and one solution I gave after the (security clearance revocation) order is, if the public perception is these are citizens from Turkey…I'm filing section 9 (petitions under Arbitration and Conciliation Act), because all my contracts are getting cancelled…Thats the constitutional effect im facing..I'm not saying give me a week's notice.' The court will hear the matter next on Thursday.
