'Better safe than sorry': Delhi HC on revocation of Turkey-based aviation firm Celebi's security clearance

On May 15, the Bureau of Civil Aviation Security (BCAS) revoked Celebi's security clearance, citing "national security", following Turkey's support to Islamabad and condemnation of India's strikes on terror camps in the neighbouring country and Pakistan-Occupied Kashmir.

Celebi was granted security clearance in November 2022.

"The rule is better safe than sorry," a single bench of justice Sachin Datta told senior advocate Mukul Rohatgi, who represented the aviation firm.

"No reason mentioned, no opportunity of hearing given. It appears that it is because of public perception because the shareholding of this company is of Turkish nationals," he added.

The lawyer said his client has been operating in India for 17 years. "My lords, there is a procedure that must be followed. One cannot trample my business with a two-line letter without notice," he said.

The court's remarks came as Rohtagi said public perception should be used to take away employment. "We are not a rogue company," he said.

The company, in its plea, said the move affects 3,791 jobs and undermines investor confidence.

“Mere rhetoric of national security without elaborating upon in what manner is an entity a threat to national security is unsustainable in law,” the company stated in the filing, which is not public.

It argued that the order "fails to disclose any specific or substantive reason except for a vague and general reference to 'national security'... (it) provides no reasons or justification."

Appearing for the Centre, Solicitor General Tushar Mehta said the petitioner deals with operations at airports. "Every such person knows the nook and cranny of aircraft and airports. Passenger's luggage is not cargo. All flights are passenger-cum-cargo," he said.

"We are dealing with the most delicate subject of civil aviation and national security and sovereignty of the nation," he added.

Mehta also referred to BCAS' notice to Celebi that said the right to issue a security clearance lies solely with the Civil Aviation Ministry. The ministry, he added, reserves the right to revoke the clearance without any specific reason.

Rohatgi maintained that Celebi employs Indian citizens to handle services across the nine airports, his opponent said: "Who controls and who gives instructions, that matters."

"The enemy can make 10 attempts and has to succeed in one. Security agencies have to succeed on all 10 occasions. National security based on civil aviation security has to be placed on the highest pedestal," he said.

The High Court adjourned the matter till May 21. It also asked the Centre to divulge the provisions under which it revoked the security clearance to Celebi.

Besides Turkey, Azerbaijan has offered its support to Pakistan in the wake of the Indian strikes under Operation Sindoor. The strikes were in response to the Pahalgam terror attack that killed 26 tourists.