Delhi HC reserves verdict on Turkish firm Celebi's plea against revocation of security clearance by Centre

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.

The Delhi High Court on May 23 reserved the verdict on Turkish firm Celebi Airport Services India Pvt Ltd's plea against revocation of security clearance by the Bureau of Civil Aviation Security.

Justice Sachin Datta on Friday asked the Indian government and Celebi to file written submissions by May 26, despite Solicitor General of India Tushar Mehta insisting that both file written submissions by May 24.

Senior advocate Mukul Rohatgi speaking on behalf of Celebi Aviation on May 23 told the Delhi High Court that the Indian government has not provided any information on why Celebi Aviation's security clearance was revoked by the BCAS.

"I am only arguing this case on behalf of the information I have from newspapers as I have not been providing any information by the Indian government," Rohatgi said in Delhi High Court on May 23.

He insisted that the government should have provided some information on why Celebi's security clearance was revoked before submitting information in a sealed envelope to the court.

"I (Celebi) should have been told the accusation in some form and I should have been allowed to give reply, get a hearing so that I can tell them I am not guilty," Rohatgi said while insisting that the Supreme Court has in past cases said that the court practice of looking at the sealed cover is wrong.

He added that unless Celebi is given a summary of the information from the Indian government on why its security clearance was revoked, the Delhi High Court should not look at the information provided by the Solicitor General in a sealed envelope to the Delhi High Court.

The Solicitor General of India Tushar Mehta had on May 19 and May 22 handed some details to Justice Sachin Datta in a sealed envelope.

Rohatgi also said that violation of natural justice is not limited to a show cause notice and that not only has the Indian government not given a show-cause notice to Celebi, but the government has not proposed what action it could take.

"It is also that not only you haven't given a notice you don't even propose what action you could take. I don't know the extent of punishment you can impose. Both are required under Rules," Rohatgi said.

He also insisted that Celebi has the constitution right to carry business, that right can't be contained. He added that Celebi has had no blemish for 17 years.

"I have a constitutional right to do my business. All the 10,000 people working under me have security pass. They have a badge for security which is for six months. Those employees are still working, not under me. They have been taken away from me to different bodies," Rohatgi said.

Celebi's lawyer also said that Celebi's case is principally based on Rule 12 of Aircraft Rules of 2023.

"The law is unless parliament disproves it, it is deemed to be passed by the parliament. When you make a Rule relating to security at airport. It is not open to a government to say I made a Rule and I can breach it. It is a very carefully drafted Rule with no exception," Rohatgi argued.

He also said that 'it is not a carte blache to an officer.'

"He has to follow the law and the law is objective. Give hearing, record reasons in writing. There must be reasonable grounds to believe. No part of this has been followed," Rohatgi said.

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.