Türkiye’s alignment with Pakistan and its remarks on Operation Sindoor cost ‘Celebi’( a Türkiye based airport services provider), revocation of its security clearance by Bureau of Civil Aviation Security(BCAS), in the interest of national security. The plea challenging the said order by BCAS,was rejected by Justice Sachin Datta of the Delhi High Court.

Background:

The Indian Government had revoked the security clearance of Celebi and its associated companies, via a BCAS order, on grounds of national security amidst the rise in geopolitical tensions between both the countries.

Celebi contended that the order failed to mention the actual grounds of threat but rather made mere general references to national security, making it legally unviable and ultra vires.

“The order "fails to disclose any specific or substantive reason except for a vague and general reference to 'national security'... (it) provides no reasons or justification," the plea read.

The Petitioner argued that the order infringed Rule 12 of the Aircrafts Security Rules,2023, hence should be held null and void. The said rule empowers the Director General to suspend the security clearance after giving an opportunity to be heard and recording reasons in writing. Further the clearance can be cancelled if there are reasonable grounds to believe that the entity has failed to comply with any of security clearance conditions, security programme or provision of these rules.

Additionally, the counsel for Petitioner pointed out that Celebi was neither provided with a notice informing about the government's proposed actions nor was it given an opportunity to be heard.

Opposing the arguments the Respondent contended that due to the unprecedented circumstances and imminent nature of the security threats, it was unfeasible for the government to provide Celebi with an opportunity to be heard or give reasons for revoking the clearance. Furthermore, the act of revocation was not arbitrary and the option of judicial review was available to the petitioner.

After hearing arguments of both sides, the bench remarked, “the principles of natural justice, though sacrosanct, have to be moulded and applied depending upon the peculiar factual context of each case…In the present case, indisputably, the petitioners were not afforded opportunity of hearing before revocation of the security clearance granted to them…the principles of natural justice must yield to preservation of natural security.

….The State/respondents are indeed justified in taking prompt and definitive action so as to completely obviate the possibility of country’s civil aviation and national security being compromised. … in the wake of contemporary challenges faced by the country in the security domain, and the escalations/incidents witnessed in the recent past, with geopolitical factors at play.”

Conclusively, Celebi’s plea was dismissed and measures taken by the State were ratified and upheld in the interest of national security.

A copy of the said detailed order is awaited.

Sources: News

Case Title- Celebi Airport Services India Private Limited v. Union Of India & Ors.

Advocate for Petitioner- Mr. Mukul Rohatgi, Senior Advocate.

Advocate for Respondent- Mr. Tushar Mehta, Solicitor General of India.