'Better safe than sorry': Delhi HC on govt move against Turkish firm Celebi
The court’s observation came when senior advocate Mukul Rohatgi, appearing for the petitioners, said that the BACS took the decision due to "public perception"
Responding to a plea of Turkish company Celebi Airport Services India Pvt Ltd and another firm against the aviation watchdog Bureau of Civil Aviation Safety’s (BCAS) decision to revoke its security clearance, the Delhi High Court said it was better to be safe than sorry in cases where national security was involved.
Also read: Celebi denies link with Erdogan's daughter, reaffirms commitment to India's aviation sector
Public perception
The High Court’s observation came during the hearing on Monday (May 19) when senior advocate Mukul Rohatgi, appearing for the petitioners, argued that the BACS took the decision due to “public perception”, which cannot be the legal ground, adding that the onus was on the authorities to prove that the situation was “so grave” that it required such a swift action and national security could be used as a carte blanche.
Rohtagi further stated that the security clearance was suddenly revoked without any opportunity of hearing or reason, adding that the decision was likely taken because the shareholding of the company is of Turkish nationals. He pointed out that the petitioner firms had been carrying out ground handling operations with thousands of employees in various airports for the last 17 years “without any blemish”.
The petitioners were not “rogue” companies whose business could be trammelled with “one stroke” on a day’s notice, Rohatgi said as quoted by PTI.
Solicitor General Tushar Mehta countered the argument, saying that the rule of proportionality could not be applied to cases concerning national security.
What did judge say?
At this point, Justice Sachin Datta asked whether the court could sit in appeal over such decisions. The judge also wondered if serving a prior notice was mandatory under such conditions, adding that it may defeat the purpose of revoking the security clearance.
Also read: Arrangements made at affected airports to handle passengers, cargo: Govt on Celebi
“It (notice) may defeat the purpose (of revocation). As long as apprehension exists...and apprehension is not justiciable under Article 226. Who is to say apprehension is well-founded or not?” the judge said. “The rule is better safe than sorry,” added Justice Datta, posting the matter on May 21.
National security
Earlier in the hearing, Mehta argued that the BACS decided to revoke the security clearance in the interest of national security following certain inputs that continuing the services of the petitioner companies would be hazardous in the current scenario.
“I am saying that it is a national security issue and the order (revoking clearance) reflects the same,” Mehta said. “The enemy can make 10 attempts and has to succeed in one. While security agencies have to succeed on all 10 occasions. National security based upon civil aviation security has to be placed on the highest pedestal,” he further argued.
SG Mehta handed over certain records to the court in a sealed cover in support of his claims. He said giving reasons might be counter-productive and prejudice the sovereignty and security of the nation.
Also read: Adani Group ends tie-up with Turkiye's Celebi for Mumbai, Ahmedabad airport operations
The backdrop
The security clearance of the firms was revoked by the Bureau of Civil Aviation Safety (BCAS) on May 15, days after Turkey supported Pakistan and condemned India’s strikes on terror camps in the neighbouring country.
Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd were overseeing ground handling and cargo terminal functions, respectively. Operating in the Indian aviation sector for over 15 years and employing over 10,000 people, it offers services at nine airports.
Celebi handles around 58,000 flights and 5,40,00 tonnes of cargo annually in India, according to its website. It is engaged in operations at Mumbai, Delhi, Cochin, Kannur, Bangalore, Goa, Hyderabad, Ahmedabad and Chennai airports.
Also read: Operation Sindoor: India revokes security clearance of Turkish firm Celebi at 9 airports
(With agency inputs)