"Better safe than sorry": Delhi High Court weighs national security in Celebi Aviation case

The Delhi High Court on Monday addressed a petition filed by Celebi Airport Services India Pvt Ltd, a Turkey-based company, challenging the recent revocation of its security clearance by the Bureau of Civil Aviation Security (BCAS).

The clearance was withdrawn on May 15, citing "national security" concerns following Turkey’s public support for Pakistan after Indian strikes on terror camps in Pakistan-Occupied Kashmir.

Hearing the plea, Justice Sachin Datta remarked, "The rule is better safe than sorry," emphasising the state's responsibility in matters involving civil aviation and national security.

The BCAS had granted Celebi security clearance in November 2022. However, the clearance was revoked just days after Turkey condemned India's military actions and voiced support for Pakistan. Celebi, which has operated in India for 17 years, offers ground handling services at nine Indian airports and employs over 10,000 people. According to the company’s website, it manages approximately 58,000 flights and 540,000 tonnes of cargo annually across the country.

Senior advocate Mukul Rohatgi, representing Celebi, argued that the company was being penalized based on public sentiment and nationality. "We are not a rogue company," he said. "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 further stressed that Celebi's long-standing business in India deserved due process. "My lords, there is a procedure that must be followed. One cannot trample my business with a two-line letter without notice," Rohatgi told the bench.

However, the court noted that in sensitive cases involving national security, giving prior notice could be counter-productive. "If such a notice is served, then it may hasten one to do what is apprehended," the bench observed.

Representing the Centre, Solicitor General Tushar Mehta defended the government's actions, stating that Celebi’s operations at airports gave it access to highly sensitive areas. "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,” Mehta added. He further argued that the Civil Aviation Ministry holds the authority to issue or revoke security clearances without specific explanation. In matters of national security, he said, “there cannot be a doctrine of proportionality.”

When Rohatgi pointed out that Celebi’s workforce in India is composed of Indian citizens, Mehta countered, “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,” Mehta said.

The court has adjourned the case until May 21 and has asked the Centre to specify the legal provisions under which the security clearance was revoked.

In its plea, Celebi criticised the lack of clarity in the government’s notice, describing the national security concerns as "vague", according to a Reuters report.

The controversy stems from heightened geopolitical tensions following the Pahalgam terror attack, which claimed the lives of 26 tourists. India's retaliatory strikes under Operation Sindoor drew support from many quarters at home, while Turkey and Azerbaijan publicly backed Pakistan.

This stance by Turkey and Azerbaijan has led to calls within India to boycott the two nations. Travel agencies report a decline in bookings and an increase in cancellations, while the Confederation of All India Traders has pledged to cut off all commercial ties with both countries.