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The Delhi High Court on Monday dismissed a petition by Turkish ground-handling company Celebi challenging the Union Government's decision to revoke its security clearance over national security concerns.
Delivering the judgment, Justice Sachin Datta stated that the Court was satisfied with the existence of "compelling national security considerations" behind the government's decision. Although the Court refrained from disclosing specific intelligence inputs, it acknowledged the risk of espionage and potential misuse of logistics infrastructure during external conflicts. The Court ruled that mandating a pre-decisional hearing in all cases under Rule 12 of the Aircraft Rules, even in urgent security scenarios, would undermine the rule's intent. It emphasised the need for swift and decisive action when national security is at stake. Balancing natural justice and national interest, the Court maintained that while procedural fairness is vital, "the security of the realm is the pre-condition for enjoyment of all other rights." Given the high-security nature of airport ground handling, which involves granting access to aircraft, cargo, passenger data, and restricted zones, the Court emphasised the need for thorough vetting, particularly in cases involving foreign ownership. "The necessity of maintaining secrecy around sensitive documents used to justify the revocation is easy to appreciate," the judgment noted, adding that public disclosure would jeopardize both national safety and diplomatic relations. The case stemmed from the Bureau of Civil Aviation Security's (BCAS) decision to revoke the security clearance for elebi Airport Services India Pvt. Ltd. and elebi Delhi Cargo Terminal Management India Pvt. Ltd., leading to contract cancellations at major airports, including Delhi and Mumbai. Senior Advocate Mukul Rohatgi, appearing for elebi, argued that the revocation was arbitrary and in breach of due process under Rule 12, which requires notice and hearing. He also pointed out that elebi's Indian operations employed exclusively Indian staff and maintained no ideological or political affiliations despite its Turkish ownership. "This decision has crippled our business," Rohatgi said. Representing the Union Government, Solicitor General Tushar Mehta countered that national security takes precedence over procedural norms, calling the case "sui generis." He cited intelligence reports flagging serious concerns in elebi's cargo and passenger operations and defended the government's stance: "Certain decisions, though harsh, are made in the larger interest of national security--and not all details can be disclosed." (ANI)
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