Delhi HC upholds government's move to revoke Celebi's security clearance
What's the story
The Delhi High Court has rejected a petition by Turkish company Celebi, challenging the revocation of its security clearance. The decision came after India-Pakistan tensions in May, during which Turkey openly supported Pakistan. Following this, India revoked Celebi's security clearance on May 15. At the time, Celebi was providing ground handling and cargo services at nine Indian airports and had been operating in the country for over a decade.
License revocation
Celebi argues it was punished without explanation of wrongdoing
The Bureau of Civil Aviation Security (BCAS) revoked Celebi's license with immediate effect, citing "the interest of national security." In response, Celebi argued that it was being punished without a clear explanation of its alleged wrongdoing. Senior Advocate Mukul Rohatgi, representing the company, contended that Rule 12 of the Aircraft Rules 2023 mandates prior notice and explanation before such severe action is taken against a company.
Government's stance
Decision is based on sensitive security concerns
The Central government defended its decision to revoke Celebi's license, citing sensitive security concerns related to the company's access to critical airport infrastructure and VIP passenger information. Solicitor General Tushar Mehta, representing the government, told the High Court that in national security matters, there is no middle ground. He also argued that Rule 12 was directory and not mandatory and that the license was revoked after considering a presentation made by Celebi.
Court's observation
Court emphasizes on potential espionage, dual-use concerns
The Delhi High Court upheld the government's decision, saying there are compelling national security considerations involved. The court stressed the need to eliminate potential espionage and/or dual use of logistics capabilities that could be detrimental to India's security, especially during an external conflict. It emphasized that ground handling services at airports provide deep access to airside operations, aircraft, cargo, and passenger information systems as well as security zones.
Operational details
Celebi handles nearly 70% of ground operations at Mumbai airport
Celebi handles nearly 70% of ground operations at Mumbai airport, including passenger services, load control, flight operations, cargo and postal services, and warehouses and bridge operations. The company called the government's decision arbitrary and based on vague national security concerns. It argued that the order lacked substantive reasoning and was issued without prior notice. Celebi warned that this decision would affect 3,791 jobs, and investor confidence in India, and disrupt essential airport services.