The Centre on Thursday defended its decision to revoke the security clearance of Turkey-based Celebi Airport Services India Pvt Ltd without prior notice, citing an “unprecedented” threat to aviation security.
Solicitor General Tushar Mehta, appearing before Justice Sachin Datta, emphasized that in matters of national security, there is no scope for hearing or prior explanation as such delays could undermine the objective of the action. “Either we do something or we don’t. There is nothing in between,” Mehta said.
The Bureau of Civil Aviation Safety (BCAS) revoked Celebi’s security clearance on May 15, shortly after Turkey publicly supported Pakistan and condemned India’s strikes on terror camps across the border. This move has led Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd to challenge the decision in court.
Mehta highlighted that the companies operate ground and cargo handling services at multiple airports, including those handling VIP movements, giving them significant access to aircraft and cargo screening. This, he said, necessitated invoking the government’s “plenary powers” under the law to act swiftly in safeguarding civil aviation security.
“The situation is sui generis, with potential threats to civil aviation at various airports. Under such unprecedented circumstances, hearing or providing reasons before action might defeat the purpose,” Mehta explained.
The Solicitor General further clarified that the agreements with the petitioners allowed the authorities to revoke security clearance at any time, a clause agreed upon by Celebi when contracts were signed.
Addressing concerns over the Centre submitting some “inputs” to the court in a sealed cover, Mehta stated that national security interests outweigh the petitioners’ right to access all information.
While assuring the court that the principles of natural justice were “substantially complied with,” Mehta added that the decision is not absolute and is subject to judicial review. The court can intervene if it finds that powers were exercised carelessly.
The hearing is scheduled to continue on May 23.
Celebi, a part of the Turkey-based global ground handling service provider, has been operating in India for over 15 years and employs more than 10,000 people across nine airports. According to its website, it handles around 58,000 flights and 540,000 tonnes of cargo annually.
In its order, BCAS stated, “The security clearance in respect of Celebi Airport Services India Pvt Ltd is hereby revoked with immediate effect in the interest of national security.”