New Delhi: Arguing that the Centre cannot breach its own rules, Turkey-based airport ground handling services firm Celebi told the Delhi High Court Friday that no reasons were given to it in writing as to why its security clearance was revoked.
India’s aviation security regulator Bureau of Civil Aviation Security (BCAS) last week revoked the security clearance given to Celebi’s Indian arm—Celebi Airport Services India—on grounds of national security. It came amid the backlash in India over Turkey’s support to Pakistan during the armed conflict with Pakistan following Operation Sindoor.
The court is hearing Celebi’s plea challenging the move.
“Why have you banned me? Why have you banned my business? They have chosen not to share. Instead, they have chucked me out with a mere two-line order,” said senior advocate Mukul Rohatgi, who was appearing on behalf of the Turkish company, adding Celebi has worked in the country without a blemish for the past 17 years.
“I am only arguing on the basis of what we read in the newspapers because we know nothing else…nothing has been shared with us,” he further said, adding that the court cannot decide unless the company is supplied with the details.
The senior counsel was rebutting Centre’s arguments before a bench of Justice Sachin Dutta.
Underlining that the purpose of coming to court under Article 226—which deals with the judiciary’s power to issue various writs to enforce fundamental rights and other legal rights—is to seek “justice”, Rohatgi said, “Justice cannot be that one officer writes two lines and man’s business is over.”
Emphasising that Celebi’s operations were based on the security clearance it received from the government, Rohatgi said it allowed the company to partner with multiple parties.
Rohatgi said the government’s decision has impacted all of Celebi’s contracts with five airport operators across India, including the ones at Delhi, Cochin, Hyderabad, Goa and Bengaluru. “One by one my contracts with these operators are being cancelled.”
To make Celebi’s case, Rohatgi cited the Supreme Court’s 2023 verdict in which it had struck down the Centre’s telecast ban on Malayalam news channel MediaOne, imposed on grounds of national security.
At the time, the apex court had strongly criticised the government, Rohatgi pointed out, where the bench said that “while public interest immunity claims conceivably impact the principles of natural justice, sealed cover proceedings infringe the principles of natural justice and open justice”.
Rohatgi said that any order passed in contravention of the principles of natural justice is nothing short of a “nullity”, adding that blacklisting is the harshest possible action in this scenario, and no rationale was given for the same.
“Natural justice is ingrained in our jurisprudence. The violation of natural justice principles in this case is not limited to them not furnishing the show-cause notice. There is also a complete violation of Rule 12 of the Aircraft (Security) Rules, 2023,” he argued in the court.
Rule 12 of the 2023 Rules deals with the Director General of Civil Aviation Bureau’s power to suspend or cancel security clearance. However, it states that this can only be done “after giving the entity an opportunity of being heard”. Moreover, the reasons for such revocation must be recorded in writing. Rule12 also says that such suspension or revocation may take place for a period not exceeding one year.
However, the DG’s power to issue directions under Section 6 of the Aircraft Act, which has now been replaced by Bharatiya Vayuyan Adhiniyam, 2024, cannot be equated with this power of revocation under Rule 12, Rohatgi also said. Section 6 gives emergency powers to the Centre to regulate aircraft and related facilities in the interest of public safety.
Rohatgi also said the firm presently employs 10,000 people in the country, and they all have security badges and IDs.
(Edited by Ajeet Tiwari)