Security clearance can't hinge on public perception: Çelebi to HC

Govt defends move citing national security

Turkish ground handling and cargo operator Çelebi Airport Services India (formerly Celebi Ground Handling Delhi) told the Delhi High Court on Monday that public perception cannot be grounds for revoking security clearance. During the hearing, the company said it had been given neither a reason nor an opportunity for a hearing.

 

“We have been carrying out operations for 17 years without blemish. Then we received a letter on May 15 cancelling the security clearance. We were given no reason and no opportunity for a hearing. It is because of public perception that the company’s shareholding is with Turkish nationals. But public perception cannot be grounds (for revocation of security clearance). There are 14,000 employees working. The entire business goes for a toss,” Çelebi’s lawyer told the court.

 

Justice Sachin Datta was hearing Çelebi’s plea challenging the Indian government’s decision to revoke its security clearance.

 

In its plea, Çelebi argued that the Indian government's decision was “arbitrary and devoid of specific reasons”.

 

The Ministry of Civil Aviation, acting through the Bureau of Civil Aviation Security (BCAS), withdrew Çelebi’s clearance on May 15, citing national security grounds. The move comes amid rising diplomatic tensions after Türkiye supported Pakistan during hostilities involving Operation Sindoor.

 

Çelebi, a wholly owned Indian subsidiary of Turkish parent company Çelebi Aviation Holding, argued that the government's order lacked prior notice or an opportunity to respond. The company described the justification as “vague” and “unsubstantiated”, asserting that such actions jeopardise foreign investor confidence and threaten the livelihoods of Indian employees.

 

“Technically it’s an Indian company. There has to be a reasonable cause. We were not given prior notice,” Çelebi told the court.  Also Read: Why is Turkish firm at Indian airports facing heat amid India-Pak tensions

 

The company also clarified that while it has Turkish ownership, operational and managerial control of its Indian entity is handled by an India-based team, and that it has maintained a clean track record for over a decade at major airports.

 

Solicitor General Tushar Mehta, appearing for the central government, raised national security concerns over the firm’s presence, saying, “The enemy can try 10 times and succeed once; a country has to succeed all the time.”

 

“In cases of civil aviation and national security, there cannot be a doctrine of proportionality,” he added. He also submitted that individuals employed by the company, who are deployed at airports, have access to every corner of the airport as well as to the aircraft.

 

“The government had inputs that it would be hazardous in the current scenario to leave this activity in the hands of this company,” he said.

 

Mehta maintained that the revocation was rooted in concerns under the Aircraft (Security) Rules, particularly Rule 12. Rule 12 of Aircraft (Security) Rules, 2023, grants the Director General of Civil Aviation (DGCA) the power to suspend or cancel security clearances and security programmes.

 

The court asked the Centre to demonstrate the “genuine apprehension” that warranted revocation of the civil aviation licence without prior notice, underscoring the need for transparency even in matters flagged under national security.

 

Mehta replied that the ministry retains the exclusive right to revoke licences without assigning reasons under certain circumstances.

 

The arguments are likely to continue on Wednesday.

 

Following the revocation, Delhi International Airport also terminated its contracts with Çelebi, and in Mumbai, IndoThai, a domestic operator, was brought in to take over the firm’s ground handling services.