Latest news with #Rule12
India Gazette
07-07-2025
- Business
- India Gazette
Delhi HC upholds security clearance revocation of Turkish firm Celebi, citing compelling national security concerns
New Delhi [India], July 7 (ANI): The Delhi High Court on Monday dismissed a petition by Turkish ground-handling company Celebi challenging the Union Government's decision to revoke its security clearance over national security concerns. Delivering the judgment, Justice Sachin Datta stated that the Court was satisfied with the existence of 'compelling national security considerations' behind the government's decision. Although the Court refrained from disclosing specific intelligence inputs, it acknowledged the risk of espionage and potential misuse of logistics infrastructure during external conflicts. The Court ruled that mandating a pre-decisional hearing in all cases under Rule 12 of the Aircraft Rules, even in urgent security scenarios, would undermine the rule's intent. It emphasised the need for swift and decisive action when national security is at stake. Balancing natural justice and national interest, the Court maintained that while procedural fairness is vital, 'the security of the realm is the pre-condition for enjoyment of all other rights.' Given the high-security nature of airport ground handling, which involves granting access to aircraft, cargo, passenger data, and restricted zones, the Court emphasised the need for thorough vetting, particularly in cases involving foreign ownership. 'The necessity of maintaining secrecy around sensitive documents used to justify the revocation is easy to appreciate,' the judgment noted, adding that public disclosure would jeopardize both national safety and diplomatic relations. The case stemmed from the Bureau of Civil Aviation Security's (BCAS) decision to revoke the security clearance for elebi Airport Services India Pvt. Ltd. and elebi Delhi Cargo Terminal Management India Pvt. Ltd., leading to contract cancellations at major airports, including Delhi and Mumbai. Senior Advocate Mukul Rohatgi, appearing for elebi, argued that the revocation was arbitrary and in breach of due process under Rule 12, which requires notice and hearing. He also pointed out that elebi's Indian operations employed exclusively Indian staff and maintained no ideological or political affiliations despite its Turkish ownership. 'This decision has crippled our business,' Rohatgi said. Representing the Union Government, Solicitor General Tushar Mehta countered that national security takes precedence over procedural norms, calling the case 'sui generis.' He cited intelligence reports flagging serious concerns in elebi's cargo and passenger operations and defended the government's stance: 'Certain decisions, though harsh, are made in the larger interest of national security--and not all details can be disclosed.' (ANI)
India Gazette
22-05-2025
- Business
- India Gazette
Celebi vs UoI: Govt defends decision to revoke security clearance; cites potential threats to civil aviation security
New Delhi [India], May 22 (ANI): The Delhi High Court on Thursday heard in detail the Celebi Airport Services' plea against the revocation of its security clearance by Bureau of 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)
India Gazette
21-05-2025
- Business
- India Gazette
Delhi HC hears Celebi's claims of unfair security clearance revocation, hearing to continue on Thursday
New Delhi [India], May 21 (ANI): The Delhi High Court on Wednesday heard in detail, the challenge filed by Turkish firm Celebi Airport Services against the revocation of its security clearance by the Bureau of Civil Aviation Security (BCAS). Senior advocate Mukul Rohatgi, representing Celebi, stated that the company's 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 during arguments stated 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 to continue to hear the matter on Thursday. 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)
Time of India
21-05-2025
- Business
- Time of India
Delhi HC hears Celebi's claims of unfair security clearance revocation, hearing to continue on Thursday
The Delhi High Court on Wednesday heard in detail, the challenge filed by Turkish firm Celebi Airport Services against the revocation of its security clearance by the Bureau of Civil Aviation Security (BCAS). Senior advocate Mukul Rohatgi, representing Celebi, stated that the company's 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. Play Video Pause Skip Backward Skip Forward Unmute Current Time 0:00 / Duration 0:00 Loaded : 0% 0:00 Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 1x Playback Rate Chapters Chapters Descriptions descriptions off , selected Captions captions settings , opens captions settings dialog captions off , selected Audio Track default , selected Picture-in-Picture Fullscreen This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Opacity Opaque Semi-Transparent Text Background Color Black White Red Green Blue Yellow Magenta Cyan Opacity Opaque Semi-Transparent Transparent Caption Area Background Color Black White Red Green Blue Yellow Magenta Cyan Opacity Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Drop shadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Play War Thunder now for free War Thunder Play Now Undo 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 during arguments stated 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." Live Events The bench of Justice Sachin Datta to continue to hear the matter on Thursday. 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.
India Today
21-05-2025
- Business
- India Today
We are Indian, employees are Indians, Turkey-linked Celebi Aviation tells court
"We are an Indian company. Our employees are Indian," argued Celebi Aviation Services India Pvt Ltd in the Delhi High Court on Wednesday as the firm challenged the Bureau of Civil Aviation Security's (BCAS) decision to revoke its security clearance earlier this month in the "interest of national security".Senior Advocate Mukul Rohatgi, appearing for Celebi Aviation, told Delhi High Court that the company has been operating in India for 17 years without a single blemish and that the move to revoke security clearance was arbitrary and in violation of the principles of natural is a matter of grave importance. My contracts with airport operators are being cancelled," he submitted. Justice Sachin Datta-headed High Court bench is hearing Celebi's petition against the May 15 order, which came shortly after Turkey publicly backed Pakistan and criticised India's strikes on terror camps, raising questions about whether the regulatory action was politically motivated. Rohatgi, however, confined his arguments to legal grounds and the procedural lapses in the government's the evolution of aviation security regulations, Rohatgi argued that the legal framework has changed significantly since earlier precedents. "Justice Kurian Joseph's judgment dealt with the Aircraft Rules of 1937, which are no longer applicable. There were new rules in 2011, and the current position is governed by Rule 12," he insisted that Rule 12 mandates a hearing before any drastic decision such as revocation of security clearance is 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. I am not insisting on a copy of the reasons. I'm saying I was handicapped because the material wasn't supplied to me," the senior advocate pointed one point, the bench asked whether the rules allowed courts to direct the authorities to share documents. Rohatgi pointed to Rule 12 again, stating that an accused party must at least have an idea of what they are being accused of. "If I had known about the accusation, some solution could have been found. If the problem is that some of the people are from Turkey, I'll replace those people. What more can I say?" Rohatgi counsel also emphasised that Celebi does not operate shops or duty-free zones, but handles passengers, luggage, and check-ins at airports. "What they've done now is shifted my 10,000 employees to work under other ground handlers. The employees are still there, it's the company that's being thrown out," he DEFENDS MOVE Meanwhile, the central government defended its move, claiming that the decision was taken in the interest of national security in light of certain inputs that continuing the services of Celebi Aviation and other such companies would be hazardous in the current am saying that it is a national security issue and the order (revoking clearance) reflects the same. Enemy can make 10 attempts and has to succeed in one. While security agencies have to succeed on all 10 occasions. National security based upon civil aviation security has to be placed on the highest pedestal," Centre's Solicitor General Tushar Mehta INDIA BUSINESSFounded in Istanbul, Celebi operates across nine major Indian airports — including Mumbai, Delhi, and Bangalore — handling around 58,000 flights and 5.4 lakh tonnes of cargo Mumbai's Chhatrapati Shivaji Maharaj International Airport alone, it controls nearly 70 per cent of the ground-handling responsibilities include ground handling, cargo transport, and airside services — all tightly regulated due to the high-security nature of airport operations.
