“Better Safe Than Sorry”: Delhi HC on Revocation of Celebi’s Security Clearance Amid Turkey-Pak Row

GG News Bureau
New Delhi, 20th May: The Delhi High Court on Monday underscored the principle of “better safe than sorry” while hearing a plea filed by Turkey-based Celebi Airport Services India Pvt Ltd challenging the revocation of its security clearance by the Bureau of Civil Aviation Security (BCAS), citing national security concerns.

Justice Sachin Datta made the observation during the hearing, where senior advocate Mukul Rohatgi, representing Celebi, argued that the decision appeared to be driven by public perception, stemming from the Turkish shareholding in the company. He claimed no reasons or prior hearing were given before the May 15 revocation, calling the move arbitrary and unjust.

“There was no notice, no opportunity to be heard. My client has operated in India for 17 years. You can’t crush a company with over 10,000 employees with a two-line letter,” Mr Rohatgi submitted, adding that Celebi handles about 58,000 flights and 5.4 lakh tonnes of cargo across nine Indian airports.

The court, however, indicated that in matters concerning national security, prior notice could potentially undermine preventive action. “If such a notice is served, then it may hasten one to do what is apprehended,” Justice Datta observed, reiterating the importance of precaution over procedural leniency.

Appearing for the Centre, Solicitor General Tushar Mehta defended the decision, emphasising that the aviation sector is a “most delicate subject” intertwined with national security. “We are dealing with people who know every nook and cranny of aircraft and airports. Security in civil aviation must be placed on the highest pedestal,” he said.

Mr Mehta asserted that the Ministry of Civil Aviation retains absolute discretion to revoke security clearances without assigning specific reasons, particularly when national sovereignty and security are at stake. “In matters of national security, there can be no doctrine of proportionality,” he told the court.

The High Court has adjourned the matter till May 21 and directed the Centre to clarify under which provisions the clearance was revoked.

The case comes in the backdrop of growing tensions following Turkey’s support for Pakistan after India’s strikes on terror camps in Pakistan-occupied Kashmir (PoK) under Operation Sindoor, in response to the Pahalgam terror attack that killed 26 tourists. Azerbaijan has also backed Pakistan, leading to calls in India to boycott both nations.

Tour operators have reported a slump in bookings to Turkey and Azerbaijan, with cancellations rising. The Confederation of All India Traders (CAIT) has also announced a boycott of trade with both countries.

Celebi, which received security clearance in November 2022, has called the national security grounds cited by BCAS “vague” and without justification in its plea, according to Reuters.