Delhi High Court on Monday dismissed a plea by Turkey-based Celebi Aviation firm over the revocation of airport security clearances by Bureau of Civil Aviation Security (BCAS) in May.
Justice Sachin Datta upheld the revocation of security clearance to the Turkish Ground Handling company Celebi Airport Services.
Expressing national security concerns over the firm, Solicitor General Tushar Mehta opposed Celebi’s stand, contending that “We are dealing with the most delicate subject of civil aviation and national security and sovereignty of the nation…. It (Government) reserves the right to revoke without assigning any reason.”
"The enemy can try 10 times and succeed once; country has to succeed all the time," Mehta said, adding that the two categories of contracts—airport handling and cargo handling “are extremely sensitive operations where personnel know every nook and cranny of the airport.”
Turkish ground handling company Celebi Airport Services India had approached the Delhi High Court, a day after the government revoked its security clearance, citing national security concerns.
Celebi had claimed that the revocation violated the principles of natural justice, as it was done without any prior show-cause notice, hearing, or adequate justification for raising a vague “national security” concerns.
The Bureau of Civil Aviation Security (BCAS) had announced immediate cancellation of Celebi’s security clearance, impacting the company’s operations at nine Indian airports, including Delhi, Mumbai, and Bengaluru.
Seeking urgent judicial intervention to quash the BCAS and restoration of its right to operate, Celebi had urged the court to restrain the civil aviation authorities from taking any “coercive action” against it.
The impugned order fails to disclose any specific or substantive reason except for a vague and general reference to “national security,” it had argued in its petition. Such an order, devoid of any concrete reasoning, fails the test of reasonableness and principles of natural justice and is ex facie arbitrary, according to Celebi.
“The impugned Order violates Articles 14 and 19(1)(g) of the Constitution of India and is also contrary to the principles of natural justice, as no opportunity of hearing was provided,” the company had said in its petition.
Celebi Delhi Cargo Terminal Management India had also moved a separate petition before the Delhi High Court, seeking quashing of the revocation order.
The government’s order had come in the wake of widespread boycott calls against Turkey after the country backed Pakistan during the recent military conflict between India and Pakistan.
Celebi told the court that it is not a Turkish organisation and has no links with any foreign government, and that 65% of its holding company's shareholding is with globally reputed blue-chip investors.
“Even a voluntary communication of May 14 addressed to the Bureau of Civil Aviation Security (BCAS) following a public vilification campaign, explaining the lack of merit of the vilification campaign has not been considered,” Celebi said in its petition.
“Purely as an interim measure, the petitioner shall be allowed to operate the airports, and the impugned order revoking the security clearance of the petitioner shall be stayed,” it stated, adding that the court should grant an interim ex-parte order directing the government to allow Celebi to continue with its operations at the Indira Gandhi International Airport, Delhi, Cochin International Airport, Kerala, Kempegowda International Airport, Bangaluru, Rajiv Gandhi International Airport, Hyderabad, and Manohar International Airport, Goa, pending the disposal of the writ petition.
The company said several hundred employees have been “individually vetted and granted security clearance.” It also protested a subsequent order to transition its employees to third parties.
“The petitioner (Celebi Airport Services India) has two shareholders i.e. Celebi Rava Servisi AS and Celebi Havacilik Holding AS, holding 99.9% shareholding and 0.1 % shareholding, respectively, both of whom are registered and incorporated in Turkey. Celebi Havacilik Holding AS in return is majorly (58.50%) held by foreign investors of Dutch origin. Celebi Rava Servisi AS's 89.1% shareholding is with Celebi Havacilik Holding AS. Therefore, the majority end control of the petitioner is held by companies of global repute who do not have Turkish incorporation/origin,” according to the petition.
Justice Sachin Datta upheld the revocation of security clearance to the Turkish Ground Handling company Celebi Airport Services.
Expressing national security concerns over the firm, Solicitor General Tushar Mehta opposed Celebi’s stand, contending that “We are dealing with the most delicate subject of civil aviation and national security and sovereignty of the nation…. It (Government) reserves the right to revoke without assigning any reason.”
"The enemy can try 10 times and succeed once; country has to succeed all the time," Mehta said, adding that the two categories of contracts—airport handling and cargo handling “are extremely sensitive operations where personnel know every nook and cranny of the airport.”
Turkish ground handling company Celebi Airport Services India had approached the Delhi High Court, a day after the government revoked its security clearance, citing national security concerns.
Celebi had claimed that the revocation violated the principles of natural justice, as it was done without any prior show-cause notice, hearing, or adequate justification for raising a vague “national security” concerns.
The Bureau of Civil Aviation Security (BCAS) had announced immediate cancellation of Celebi’s security clearance, impacting the company’s operations at nine Indian airports, including Delhi, Mumbai, and Bengaluru.
Seeking urgent judicial intervention to quash the BCAS and restoration of its right to operate, Celebi had urged the court to restrain the civil aviation authorities from taking any “coercive action” against it.
The impugned order fails to disclose any specific or substantive reason except for a vague and general reference to “national security,” it had argued in its petition. Such an order, devoid of any concrete reasoning, fails the test of reasonableness and principles of natural justice and is ex facie arbitrary, according to Celebi.
“The impugned Order violates Articles 14 and 19(1)(g) of the Constitution of India and is also contrary to the principles of natural justice, as no opportunity of hearing was provided,” the company had said in its petition.
Celebi Delhi Cargo Terminal Management India had also moved a separate petition before the Delhi High Court, seeking quashing of the revocation order.
The government’s order had come in the wake of widespread boycott calls against Turkey after the country backed Pakistan during the recent military conflict between India and Pakistan.
Celebi told the court that it is not a Turkish organisation and has no links with any foreign government, and that 65% of its holding company's shareholding is with globally reputed blue-chip investors.
“Even a voluntary communication of May 14 addressed to the Bureau of Civil Aviation Security (BCAS) following a public vilification campaign, explaining the lack of merit of the vilification campaign has not been considered,” Celebi said in its petition.
“Purely as an interim measure, the petitioner shall be allowed to operate the airports, and the impugned order revoking the security clearance of the petitioner shall be stayed,” it stated, adding that the court should grant an interim ex-parte order directing the government to allow Celebi to continue with its operations at the Indira Gandhi International Airport, Delhi, Cochin International Airport, Kerala, Kempegowda International Airport, Bangaluru, Rajiv Gandhi International Airport, Hyderabad, and Manohar International Airport, Goa, pending the disposal of the writ petition.
The company said several hundred employees have been “individually vetted and granted security clearance.” It also protested a subsequent order to transition its employees to third parties.
“The petitioner (Celebi Airport Services India) has two shareholders i.e. Celebi Rava Servisi AS and Celebi Havacilik Holding AS, holding 99.9% shareholding and 0.1 % shareholding, respectively, both of whom are registered and incorporated in Turkey. Celebi Havacilik Holding AS in return is majorly (58.50%) held by foreign investors of Dutch origin. Celebi Rava Servisi AS's 89.1% shareholding is with Celebi Havacilik Holding AS. Therefore, the majority end control of the petitioner is held by companies of global repute who do not have Turkish incorporation/origin,” according to the petition.
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