New Delhi: The Delhi High Court is set to hear a plea by Turkish ground-handling services company Çelebi Aviation Holding Wednesday, challenging the Centre’s revocation of its security clearance in the interests of national security.
Calling the revocation “arbitrary”, “unreasoned” and a violation of the principles of natural justice, the Turkish company approached the Delhi High Court after the Bureau of Civil Aviation Security passed the order on 15 May without giving it a show-cause notice or the opportunity to be heard.
The revocation of the clearance came in the wake of the flare-up between India and Pakistan earlier this month, and the military support extended to Pakistan by Türkiye.
Although the first hearing was scheduled for Monday before a single-judge bench of Justice Sachin Datta, the matter was adjourned to Wednesday after a brief discussion.
Çelebi’s case
Çelebi claims to be Türkiye’s first privately owned ground-handling services company. It is engaged in the business of providing ground handling services at various airports in India, including Delhi’s Indira Gandhi International Airport, the Cochin International Airport and Bengaluru’s Kempegowda International Airport.
After being selected for providing ground handling services for Indian airports, the company had initially entered into Ground Handling Services Agreements (GH Agreement) with four airports—Delhi, Goa, Hyderabad and Bengaluru.
According to the petition, the company went through comprehensive background checks and security verifications by various national security and intelligence agencies before entering into the agreements. They argued that security clearance was renewed for five years in November 2022 after thorough checks.
Çelebi has alleged that despite discharging its obligations under the agreements with the airports, the Bureau of Civil Aviation Security revoked its clearance without giving it a reasonable opportunity to be heard.
The petition argues that this has jeopardised the company’s entire India operation, adding that it employs approximately 3,791 people, all of whom had individually received security clearance from the authorities after due verification. It also says that such an act goes against the principles of natural justice.
The Turkish company has sought a direction from the court to quash or set aside the 15 May order revoking its clearance.
Grounds for challenge
Çelebi says the 15 May order violates Articles 14 and 19(1)(g) of the Constitution of India, which relate to the fundamental right to equality, and the right of all citizens to practice any profession, or to carry on any occupation, trade, or business, respectively. Such a move also halts the company’s business operations as it affects thousands of employees and disrupts airport services, the firm has argued.
The petition says the Bureau of Civil Aviation Security’s order lacked “application of mind” and verification of facts, adding that such an “unwarranted action” has had far-reaching implications for airport operations, employment, investor confidence and commercial reputation. It also said this revocation was unduly harsh and disproportionate.
The petitioners also invoked Rule 12 of Chapter III of the Aircraft (Security) Rules, 2023, which states that before any order for cancellation or suspension of security clearance is passed, the affected party must be given an opportunity to be heard. Since there was no such opportunity given to Çelebi in this case, they said such an action violated the principles of natural justice.
(Edited by Sugita Katyal)