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

In a case closely watched by the aviation industry, the Delhi High Court on May 23 reserved its judgment on petitions filed by Turkey-based Celebi, challenging the government's abrupt revocation of its security clearance.

The hearing before Justice Sachin Datta saw sharp exchanges between legal heavyweights, with Celebi questioning the legality of the move and the Centre citing urgent national security imperatives. The court has asked both sides to submit their written arguments by May 26.

The Turkish firm approach the High Court after the Bureau of Civil Aviation Safety (BCAS) withdrew Celebi’s security clearance on May 15, shortly after Turkey publicly supported Pakistan and denounced India’s military actions against terror camps.

Representing Celebi, senior advocate Mukul Rohatgi argued that the decision was a breach of natural justice and contravened the procedures laid out under the Aircraft Security Rules. He emphasised the lack of prior notice or opportunity for the company to respond.

In defence, Solicitor General Tushar Mehta justified the revocation as a necessary response to an “unprecedented” threat to aviation security. “Extraordinary situations require extraordinary measures,” he said, underscoring the government's authority to act decisively in matters concerning national safety. Mehta added that Celebi’s operations, which involve ground and cargo handling at major airports, gave it access to high-security zones, thereby warranting the use of plenary powers.

He maintained that any delay or disclosure in such decisions could undermine national security objectives. Nonetheless, Mehta assured the court that Celebi’s representations were considered, and that judicial oversight offered a safeguard against arbitrary government action.

Celebi has operated in India’s aviation sector for more than 15 years, employing over 10,000 individuals across nine airports. The company manages about 58,000 flights and handles 5.4 lakh tonnes of cargo annually.

The BCAS order stated, “... the security clearance in r/o Celebi Airport Services India Pvt Ltd is hereby revoked with immediate effect in the interest of national security.” The clearance had originally been granted in November 2022.