HC junks Celebi plea over repeal of security nod
New Delhi, July 8 -- The Delhi high court on Monday dismissed a challenge by Turkish ground handling firm Celebi Airport Services against the central government's decision to revoke its security clearance, ruling that the action was taken on the basis of compelling national security and geopolitical considerations.
Backing the Bureau of Civil Aviation Security (BCAS), the court noted that the move was necessary to preclude potential espionage, misuse of Celebi's logistical capabilities and threats to civil aviation infrastructure.
Justice Sachin Datta, in a 94-page judgment, upheld BCAS's May 15 decision, stating that the agency acted within its powers and that the principles of natural justice need not be followed in situations where national security is at stake.
BCAS's decision came amid rising diplomatic and military tensions between India and Turkey, with concern raised over the latter's ties with Pakistan and its support to Islamabad after the terror attack in Pahalgam in April and during Operation Sindoor launched by Indian forces subsequently. Celebi's security clearance was revoked on May 15, effectively halting its ground handling services in India, throwing its large workforce and contracts into uncertainty.
The court ruled that Celebi, which operates across major Indian airports and employs over 10,000 people, was only granted a conditional security clearance in December 2022, which clearly allowed the Director General (DG) of BCAS to revoke it without assigning reasons, should the situation demand.
"On perusal of the relevant inputs/information, it indeed transpires that there are compelling national security considerations involved, which impelled the respondents to take the impugned action," the court noted. It added that while it would not be appropriate for the court to make a verbatim reference to the relevant information or inputs, there was a necessity to eliminate the possibility of espionage and dual use of logistics capabilities, which would be highly detrimental to the security of the country, especially in the event of an external conflict.
Justice Datta also underscored the geopolitical factors that potentially threatened India's internal security and international relations. The court observed that Celebi's operations provided unrestricted access to highly sensitive civil aviation zones, including airside operations, aircraft, passenger systems, and cargo -- infrastructure which, if compromised, could have serious national implications.
"The State/respondents are indeed justified in taking prompt and definitive action so as to completely obviate the possibility of the country's civil aviation and national security being compromised," the court said. "Ground handling services at airports offer deep access to airside operations, aircraft, cargo, passenger information systems and security zones. Such unbridled access to vital installations and infrastructure naturally elevates the need for strict security vetting for operators, and their foreign affiliations," it added.
"This is particularly true in the wake of the contemporary challenges faced by the country in the security domain," the court further said....
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