Celebi vs UoI: Govt defends decision to revoke security clearance; cites potential threats to civil aviation security
Solicitor General Tushar Mehta, representing the Centre, argued that the government's plenary superintendence powers apply to national and airport security. He called the case a 'sui generis' situation, warranting careful judicial review due to potential threats across multiple airports.
Mehta emphasised that measures preventing unlawful interference are crucial under aviation security laws, helping prevent incidents like explosions at airports or onboard aircraft.
Discussing ground handling, he outlined the petitioner's role in operations and cargo, granting direct aircraft access. Most domestic flights use in-house staff, while international flights rely on contractors, making access to sensitive flight and VIP data critical.
Mehta asserted that in some situations, hearings or explanations may not be feasible, justifying plenary power. He also cited rulings where freedom of speech and the right to know can be restricted when national security takes precedence.
On Wednesday, Senior advocate Mukul Rohatgi, representing Celebi, stated that the company had extensive operations in India, employing over 10,000 personnel across multiple airports over the last 17 years.
Rohatgi argued that Celebi's security clearance, originally granted in 2022 under Rule 15 for a five-year term, was abruptly revoked without prior notice or a hearing, violating the principle of procedural fairness.
He argued that the lack of transparency surrounding the reasons for this decision, suggesting that the Turkish shareholding might have influenced the government's stance. He asserted that Celebi's workforce consists of Indian nationals and that the firm is not politically affiliated with the Turkish government.
Rohatagi submitted during arguments that, 'You have violated every aspect of Rule 12, affecting my business and contracts, which are now facing cancellation. The Ministry of Home Affairs has removed us, leaving us with no recourse. The decision only targets the company, while the employees remain unchanged. I firmly submit that Rule 12 has not been properly applied.'
The bench of Justice Sachin Datta will hear the matter on Friday.
On Monday, Solicitor General Tushar Mehta, representing the Centre, defended the revocation, citing national security concerns.
He highlighted intelligence inputs indicating potential risks associated with Celebi's operations, particularly in the handling of both passenger and cargo aircraft.
Mehta justified withholding specific details, arguing that disclosing confidential security information could be detrimental to national interests.
Recently, Union Civil Aviation Minister Ram Mohan Naidu assured measures to protect affected employees and maintain stability in aviation operations. The Ministry reaffirmed that the security clearance was revoked to safeguard national security while ensuring uninterrupted airport operations. (ANI)
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