‘Access to VIP and cargo data’: Solicitor General flags security concerns as Celebi fights clearance revocation

On May 15, the Bureau of Civil Aviation Security (BCAS) revoked Celebi's security clearance, citing "national security", days after Turkey backed Pakistan and condemned India's strikes on terror camps in the neighbouring country and Pakistan-Occupied Kashmir. The security clearance to the company was given in November 2022.

Solicitor General of India Tushar Mehta on May 22 stated that Celebi Airport Services India Pvt Ltd has access to data related to the movement of very important persons (VIPs) at the airports it operates, as well as information about flights taken by VIPs.

"They (Celebi) have direct access to the aircraft. This is computer data, which also includes VIP movement and flight movement. They have full access to details of international and domestic flights. More drastic is access to cargo," Mehta said before the Delhi High Court on May 22.

Justice Sachin Datta was hearing a petition filed by the Turkey-based Celebi Airport Services India Pvt Ltd, challenging the revocation of its security clearance in the wake of Turkey's support to Pakistan amid rising tensions with India. The hearing was deferred to 2:30 PM on May 23.

Celebi had asked the Delhi High Court on May 21 to quash the cancellation by arguing it was issued without any warning and based on 'vague' and unexplained 'national security' concerns.

However Solicitor General Tushar Mehta on May 22 told the Delhi High Court that the Indian government does not need to share details of its reasons with Celebi. He added that the action of revoking security clearance of the Turkey based company is not a “carte blache” and judicial review is always available to the affected party.

“This is not a carte blanche or a bhramastra that everything stops. Judicial review is available to the petitioner. And if your lordships comes to a conclusion that it is mere cavalier manner in which we got rid of the petitioner, then your lordships can definitely interfere,” Mehta said.

He added that in unprecedented situation when the country faces a security threat, it is impossible for the government to give an opportunity of hearing or reasons for revoking the security clearance.

"When it is question of security, either we take action or we do not take action. It is about pure subjective action while protecting the nation," Mehta said on May 22.

Mehta added that plenary power of superintendence can be exercised in cases of national security. In particular, he referred to Section 5 of Bharatiya Vayuyan Adhiniyam, which grants the Bureau of Civil Aviation Security the power to carry out regulatory and oversight functions in respect of matters relating to civil aviation security.

"There is potential threat, it is a peculiar case," Mehta said, while referring to the alleged threats at airports.

Responded to Celebi's contention that the principles of natural justice were not complied with as no notice or opportunity of being heard was given to the company, Mehta told the Delhi High Court that Indian courts have previously held that in some cases national security concerns can outweigh the requirement of fairness and in this case, there was no need to comply with principles of natural justice.

“The country sometimes face a situation where there are so unprecedented that neither an opportunity of hearing is possible because delay itself might defeat the object of the act, nor it is possible to give reasons for the action because that again defeats the purpose of the action. That is when plenary power comes in,” he said.

He also referred to a Supreme Court ruling wherein it was held that in cases involving national security, there is no requirement of following principles of natural justice and that such actions are a matter of policy which should be left to the executive.

The Solicitor General also handed some details to Justice Sachin Datta in a sealed envelope.

On May 15, the Bureau of Civil Aviation Security (BCAS) revoked Celebi's security clearance, citing "national security" concerns, days after Turkey backed Pakistan and condemned India's strikes on terror camps located in Pakistan and Pakistan-Occupied Kashmir. The security clearance was initially granted to the company in November 2022.

Celebi argued in its court filing that the decision impacts 3,791 jobs and investor confidence. It added that it provided ground handling services at airports in New Delhi, Kerala, Bengaluru, Hyderabad and Goa.