Delhi HC junks Turkish firm's plea against revocation of security clearance

Hans India

12 hours ago

New Delhi: The Delhi High Court on Monday dismissed Turkish-based firm Celebi's pleas challenging the revocation of its security clearance by aviation watchdog BCAS, saying there are 'compelling national security considerations' involved.
The Bureau of Civil Aviation Safety (BCAS) on May 15 revoked the security clearance, days after Turkey backed Pakistan and condemned India's strikes on terror camps in the neighbouring country. Justice Sachin Datta on Monday underlined the necessity to eliminate the possibility of espionage or dual use of logistics capabilities which would be highly detrimental to the security of the country, especially in the event of an external conflict.
Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd oversee ground handling and cargo terminal functions at various airports in the country.
The court rejected the contention of the petitioners on the denial of principles of natural justice. 'No doubt, the principles of natural justice are sacrosanct; however, it is a compelling constitutional truth that security of the realm is the pre-condition for enjoyment of all other rights,' the court said in its 94-page verdict.
It said the authorities are justified in taking prompt and definitive action to completely obviate the possibility of the country's civil aviation and national security being compromised.
Ground handling services at airports, the court said, offered deep access to airside operations, aircraft, cargo, passenger information system and security zones. Such unbridled access to vital installations and infrastructure naturally elevates the need for strict security vetting for operators, and their foreign affiliations, it added.
'This is particularly true 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,' the verdict said.
The court, as a result, found 'compelling national security considerations' which prompted
authorities to take
requisite action against the Turkish firm. 'While it would not be inappropriate for this court to make a verbatim reference to the relevant information/ inputs, suffice it to say, that there is a necessity to eliminate the possibility of espionage and/or dual use of logistics capabilities which would be highly detrimental to the security of the country, especially in the event of an external conflict,' it said.
The court referred to a Supreme Court judgment observing the executive wing and not the judicial wing possessed the knowledge of India's geo-political relationships to assess if an action is in the interest of India's national security.
At the same time, the court noted, the Supreme Court clarified that a judicial review would not be excluded on a mere mention of the phrase 'national security' and state couldn't be allowed to use national security as a tool to deny citizens remedies provided under law.
The high court was also 'acutely conscious' that the state must not be allowed to invoke national security as a ruse to deny procedural due process.
Once national security considerations were found to exist, on the basis of which the security clearance has been cancelled or revoked, it is not for the court to 'second guess' the same, the high court said.
The verdict found the twin tests set out in an apex court decision to be satisfied in the present case with the state justifying the involvement of national security considerations besides the abrogation of principles of natural justice.