Latest news with #Aircraft(Security)Rules
Indian Express
4 days ago
- Business
- Indian Express
Why Delhi HC dismissed Turkish firm Celebi's challenge to security clearance revocation
The Delhi High Court on Monday (July 7) dismissed Turkey-based firm Celebi's challenge to the revocation of security clearance of its Indian subsidiary, which provided airport ground handling in the country, by the Centre. The company had approached the HC after the Bureau of Civil Aviation Safety (BCAS) revoked Celebi Airport Services India's security clearance on May 15, amid growing tensions between India and Turkey over the latter's stance on Pakistan following Operation Sindoor. The Indian government said that the revocation was 'in the interest of national security'. What was the case? Celebi moved the HC arguing that it was not provided an opportunity for hearing by the Centre before the revocation of the company's security clearance. It cited the Aircraft (Security) Rules, 2023, stating that the rules made it mandatory for the government to provide the company with an opportunity for a hearing. The Centre, however, told the court that given the decision was in the interest of national security, authorities did not need to be in full compliance with the principles of natural justice. What did the court say? The HC's Justice Sachin Datta, who heard the case, dismissed Celebi's challenge, saying that there were 'compelling national security considerations involved', which 'impelled' the Centre to revoke the clearance, with 'impelling geo-political considerations' at play. While Justice Datta acknowledged that Celebi was not given the opportunity for hearing before the revocation of its security clearance, he relied on domestic and foreign jurisprudence to conclude that 'the principles of natural justice must yield to preservation of natural security'. What does the ruling mean for Celebi in India? The Delhi HC's decision has a direct bearing on legal challenges Celebi has instituted before various HCs in the country, including Madras, Bombay, and Gujarat HCs. The company in these HCs has challenged the cancellation of its contracts by various airports. The cancellations were made following the Centre's decision to revoke the company's security clearance. In India, Celebi was providing ground handling services at Delhi's Indira Gandhi International Airport, Kerala's Cochin International Airport, Bengaluru's Kempegowda International Airport, Hyderabad's Rajiv Gandhi International Airport, Goa's Manohar International Airport, and Ahmedabad airport.
Indian Express
21-05-2025
- Business
- Indian Express
Due procedure not followed for revocation of security clearance: Turkish firm Celebi to Delhi High Court
Ground handling service provider Celebi Airport Services India Private Limited told the Delhi High Court on Wednesday that the revocation of its security clearance by the aviation watchdog, Bureau of Civil Aviation Safety (BCAS), was in violation of due procedure and principles of natural justice. The company said the revocation of security clearance is leading to their contracts with airport operators being cancelled and the company is in the process of challenging such cancellations before courts. The BCAS had revoked the security clearance granted to the firm on May 15 'with immediate effect in the interest of national security'. The decision had come against the Turkey-based company following backlash in India over Turkey's support to Pakistan in the recent India-Pakistan conflict. Senior advocate Mukul Rohatgi, appearing for the company, told Justice Sachin Datta that the Aircraft (Security) Rules, 2023 make it mandatory and there is a statutory obligation as well to grant them an opportunity of hearing and 'the maker of rule is not entitled to create an exception, otherwise rule would have said 'it does not apply in emergent situation'.' 'I am saying it is a breach of principles of natural justice. There was no notice, no opportunity of hearing. There is violation of Rule 12 (of Aircraft Security Rules),' he said. Rohatgi also protested to furnishing of reasons for revocation to the court in a sealed cover, submitting, 'What they showed in a sealed envelope (to the court) has not been shared with us…I can only speculate and speculation is only one – that shareholding of my company is of Turkish origin. I protest this procedure of sealed cover by keeping the other person in the dark. The sealed cover procedure is frowned upon by the SC…I've been told to go home and I'm fighting with my hands tied to the back.' 'Opportunity of hearing is an elementary part of our jurisprudence…This is mandatory, not directory (in nature)…He (the government) has the power, they can give me a show-cause notice, they must record reasons…where is all this? (There is) no application of mind…It's a guillotine imposed on a man (company) who has otherwise worked in this country for 17 years…I'm an Indian company, my employees are Indian…I have 10,000 employees on my head, they (government) have said they'll be absorbed by other ground you have only chucked out the company, now they will wear a competitor's uniform…A direction cannot be inconsistent with the rules otherwise there will be chaos. Any action taken cannot be dehors the rules, and the rules require a hearing. I'm not questioning the power to withdraw,' Rohatgi argued. The firm was incorporated in India in 2009 as Celebi Ground Handling Delhi Private Limited and had subsequently changed its name to Celebi Airport Services India Private Limited in 2018. The company was granted security clearance in 2022 and was valid for a period of five years. The firm, in a communication to several authorities, including to Ministry of Civil Aviation, the Bureau of Civil Aviation Security as well as the Ministry of Home Affairs on May 14, had stated that while its ultimate parent holding company — Celebi Aviation Holding — is incorporated in Turkey, over 65% of its ownership rests with international institutional investors, adding that in India, it is 'very much a domestic operation'. It also stated that it has invested over $250 million in India and has been operating in India for the past 17 years. Further emphasising that had the firm been given notice prior to revocation of its security clearance, it would've been an 'open and shut case', Rohatgi said, 'I could've been given even half a day's notice…I should know the accusations. If I know the accusations and if in terms of the rule there is elasticity, I could in a given case, provide a solution which would pacify (the authorities) and one solution I gave after the (security clearance revocation) order is, if the public perception is these are citizens from Turkey…I'm filing section 9 (petitions under Arbitration and Conciliation Act), because all my contracts are getting cancelled…Thats the constitutional effect im facing..I'm not saying give me a week's notice.' The court will hear the matter next on Thursday.
&w=3840&q=100)
Business Standard
21-05-2025
- Business
- Business Standard
Not given an opportunity to be heard, Celebi tells Delhi High Court
Turkey-based Celebi Airport Services Private Limited on Wednesday opposed the Centre's move to submit the reasons for revoking its security clearance in a sealed cover before the court. Celebi told the Delhi High Court that it was neither given any notice nor an opportunity to be heard regarding the Bureau of Civil Aviation Security's (BCAS) decision to revoke its security clearance in the interest of national security. The Turkish ground-handling company cited Rule 12 of the Indian Aircraft (Security) Rules, 2023, which mandates a hearing before such action can be taken. 'Wherever such decisions are made, the principles of natural justice kick in. I wasn't even given notice, even though the rule says I have to be given one,' Celebi's lawyer told the High Court. The Centre is expected to present its arguments on Thursday (May 22). On Monday, the Centre opposed Celebi's arguments, stating that disclosing the reasons for revoking the security clearance would "prejudice national interest and the sovereignty and security of the country." Also Read: Security clearance can't hinge on public perception: Çelebi to HC Celebi also reiterated before the court that the Centre had violated the principles of natural justice by not following due process as outlined in Rule 12 of the Aircraft (Security) Rules. Rule 12 grants the Director General of Civil Aviation (DGCA) the power to suspend or cancel security clearances and programmes, but subject to procedural safeguards. When asked by the court on Wednesday whether he was arguing that the company had an indefeasible right to know the contents of the sealed envelope submitted by the Centre, Celebi's lawyer responded that the company had a right to know the accusations against it. "If the problem is that these citizens are Turkish, we will replace. What more can I say?' he remarked. Celebi had earlier told the court that public perception cannot be grounds for revoking a security clearance. During Monday's hearing, the company stated it had received no reasons or opportunity to respond before the revocation. In its plea, Celebi argued that the Indian government's decision to revoke its security clearance was 'arbitrary and devoid of specific reasons.' The Ministry of Civil Aviation, acting through BCAS, revoked Celebi's clearance on May 15, 2025, citing national security concerns. The move comes amid mounting diplomatic tensions after Turkey publicly supported Pakistan during hostilities linked to Operation Sindoor. Solicitor General Tushar Mehta, appearing for the Central government on Monday, said the decision to revoke the clearance was based on national security grounds under Rule 12 of the Aircraft (Security) Rules. The court asked the government to demonstrate the 'genuine apprehension' that warranted revoking a civil aviation licence without prior notice, underscoring the need for transparency even in cases involving national security. SG Mehta responded that the Ministry retained the exclusive right to revoke such licences without assigning reasons under specific circumstances.
&w=3840&q=100)
Business Standard
19-05-2025
- Business
- Business Standard
Security clearance can't hinge on public perception: Çelebi to HC
Turkish ground handling and cargo operator Çelebi Airport Services India (formerly Celebi Ground Handling Delhi) told the Delhi High Court on Monday that public perception cannot be grounds for revoking security clearance. During the hearing, the company said it had been given neither a reason nor an opportunity for a hearing. 'We have been carrying out operations for 17 years without blemish. Then we received a letter on May 15 cancelling the security clearance. We were given no reason and no opportunity for a hearing. It is because of public perception that the company's shareholding is with Turkish nationals. But public perception cannot be grounds (for revocation of security clearance). There are 14,000 employees working. The entire business goes for a toss,' Çelebi's lawyer told the court. Justice Sachin Datta was hearing Çelebi's plea challenging the Indian government's decision to revoke its security clearance. In its plea, Çelebi argued that the Indian government's decision was 'arbitrary and devoid of specific reasons'. The Ministry of Civil Aviation, acting through the Bureau of Civil Aviation Security (BCAS), withdrew Çelebi's clearance on May 15, citing national security grounds. The move comes amid rising diplomatic tensions after Türkiye supported Pakistan during hostilities involving Operation Sindoor. Çelebi, a wholly owned Indian subsidiary of Turkish parent company Çelebi Aviation Holding, argued that the government's order lacked prior notice or an opportunity to respond. The company described the justification as 'vague' and 'unsubstantiated', asserting that such actions jeopardise foreign investor confidence and threaten the livelihoods of Indian employees. The company also clarified that while it has Turkish ownership, operational and managerial control of its Indian entity is handled by an India-based team, and that it has maintained a clean track record for over a decade at major airports. Solicitor General Tushar Mehta, appearing for the central government, raised national security concerns over the firm's presence, saying, 'The enemy can try 10 times and succeed once; a country has to succeed all the time.' 'In cases of civil aviation and national security, there cannot be a doctrine of proportionality,' he added. He also submitted that individuals employed by the company, who are deployed at airports, have access to every corner of the airport as well as to the aircraft. 'The government had inputs that it would be hazardous in the current scenario to leave this activity in the hands of this company,' he said. Mehta maintained that the revocation was rooted in concerns under the Aircraft (Security) Rules, particularly Rule 12. Rule 12 of Aircraft (Security) Rules, 2023, grants the Director General of Civil Aviation (DGCA) the power to suspend or cancel security clearances and security programmes. The court asked the Centre to demonstrate the 'genuine apprehension' that warranted revocation of the civil aviation licence without prior notice, underscoring the need for transparency even in matters flagged under national security. Mehta replied that the ministry retains the exclusive right to revoke licences without assigning reasons under certain circumstances. The arguments are likely to continue on Wednesday.
&w=3840&q=100)
Business Standard
19-05-2025
- Business
- Business Standard
Public perception not valid ground for clearance revocation: Celebi to HC
Turkish ground handling and cargo operator Çelebi Airport Services India (formerly Celebi Ground Handling Delhi) told the Delhi High Court on Monday that public perception cannot be grounds for revoking security clearance. During the hearing, the company said it had been given neither a reason nor an opportunity for a hearing. 'We have been carrying out operations for 17 years without blemish. Then we received a letter on May 15 cancelling the security clearance. We were given no reason and no opportunity for a hearing. It is because of public perception that the company's shareholding is with Turkish nationals. But public perception cannot be grounds (for revocation of security clearance). There are 14,000 employees working. The entire business goes for a toss,' Çelebi's lawyer told the court. Justice Sachin Datta was hearing Çelebi's plea challenging the Indian government's decision to revoke its security clearance. In its plea, Çelebi argued that the Indian government's decision was 'arbitrary and devoid of specific reasons'. The Ministry of Civil Aviation, acting through the Bureau of Civil Aviation Security (BCAS), withdrew Çelebi's clearance on May 15, citing national security grounds. The move comes amid rising diplomatic tensions after Türkiye supported Pakistan during hostilities involving Operation Sindoor. Çelebi, a wholly owned Indian subsidiary of Turkish parent company Çelebi Aviation Holding, argued that the government's order lacked prior notice or an opportunity to respond. The company described the justification as 'vague' and 'unsubstantiated', asserting that such actions jeopardise foreign investor confidence and threaten the livelihoods of Indian employees. 'Technically it's an Indian company. There has to be a reasonable cause. We were not given prior notice,' Çelebi told the court. Also Read: Why is Turkish firm at Indian airports facing heat amid India-Pak tensions The company also clarified that while it has Turkish ownership, operational and managerial control of its Indian entity is handled by an India-based team, and that it has maintained a clean track record for over a decade at major airports. Solicitor General Tushar Mehta, appearing for the central government, raised national security concerns over the firm's presence, saying, 'The enemy can try 10 times and succeed once; a country has to succeed all the time.' 'In cases of civil aviation and national security, there cannot be a doctrine of proportionality,' he added. He also submitted that individuals employed by the company, who are deployed at airports, have access to every corner of the airport as well as to the aircraft. 'The government had inputs that it would be hazardous in the current scenario to leave this activity in the hands of this company,' he said. Mehta maintained that the revocation was rooted in concerns under the Aircraft (Security) Rules, particularly Rule 12. Rule 12 of Aircraft (Security) Rules, 2023, grants the Director General of Civil Aviation (DGCA) the power to suspend or cancel security clearances and security programmes. The court asked the Centre to demonstrate the 'genuine apprehension' that warranted revocation of the civil aviation licence without prior notice, underscoring the need for transparency even in matters flagged under national security. Mehta replied that the ministry retains the exclusive right to revoke licences without assigning reasons under certain circumstances. The arguments are likely to continue on Wednesday.
