The Delhi High court on Monday asked the central government to explain the “genuine apprehension” that led to the cancellation of a civil aviation licence of Turkey-based aviation ground handling company Çelebi without prior notice, emphasising the importance of transparency even in matters involving national security.
The next hearing is scheduled for May 21.
Solicitor general Tushar Mehta, representing the government, defended the decision by citing national security concerns. “We are dealing with an extremely sensitive area — civil aviation and national sovereignty,” Mehta said, referring to a communication from the ministry of civil aviation. He noted that the ministry has the authority to revoke licences without providing reasons in specific situations.
Mehta clarified that although the Directorate General of Civil Aviation (DGCA) typically grants a hearing in cases of rule violations, Clause 9 takes precedence over Rule 12 in instances involving perceived serious threats. He argued that even the possibility of a threat during sensitive periods warrants swift and decisive action.
On the other hand, senior advocate Mukul Rohatgi, appearing for Çelebi, argued that the government is obligated to demonstrate that the perceived threat was severe enough to justify skipping due process. “National security cannot be used as a blanket justification,” Rohatgi contended. “It is the government’s responsibility to show that the concern was significant enough to merit action without prior notice.”
Mehta, however, stated that the employees of the company in question, who work at airports, have unrestricted access to all areas of the airport as well as the aircraft. “Government had inputs that it would be hazardous in this scenario, in which the country is in, to leave this activity in the hands of this company,” he explained.
On May 16, Çelebi Airport Services India filed a petition in the Delhi high court seeking to overturn the government’s decision on May 15 to revoke its security clearance by the Bureau of Civil Aviation Security (BCAS), a move the company alleges was carried out without any prior notice.
Çelebi further clarified in its petition that while its shareholders are registered in Turkey, its “majority end control” lies with globally reputed companies that are neither incorporated in Turkey nor of Turkish origin.
The action followed increasing public and political pressure, with several voices calling for the company to be barred from operating in India due to Turkey’s perceived anti-India stance in the ongoing India-Pakistan conflict.