The Union Government has strongly opposed the plea filed by Celebi Airport Services Private Limited, a Turkey-based company, before the Delhi High Court. The company challenged the revocation of its security clearance by the Bureau of Civil Aviation Security (BCAS), which it claimed was done without giving any reason or prior notice.
"Disclosure of reasons may seriously harm national interest and sovereignty."
— SGI Tushar Mehta, representing the Centre
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Appearing for the Indian government, Solicitor General of India (SGI) Tushar Mehta argued before Justice Sachin Datta that the revocation was necessary in the "interest of national security." He said that sharing the reasons behind the move could be dangerous and might damage the country’s internal safety and sovereignty.
Senior Advocate Mukul Rohatgi, appearing for Celebi, contested the government's decision, saying that the company was not given any opportunity to be heard. He also pointed out that no specific reasons were mentioned in the revocation order.
"It appears this decision was influenced by public perception due to Turkish shareholding."
— Mukul Rohatgi, Senior Advocate for Celebi
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When the Court asked under which legal provision the clearance was granted, Rohatgi referred to Rule 12 of the Aircraft Security Rules. He emphasized that the government must justify the revocation, especially when it did not serve a notice or allow a hearing.
The Court acknowledged the concern and orally observed that in such sensitive matters, even giving a notice might allow actions that could harm national security.
SGI Mehta further explained that Celebi’s employees work in highly sensitive areas of airports, with access to aircraft and every section of the premises. He noted that the government had intelligence inputs suggesting that allowing such operations under Celebi’s control could be risky.
"Inputs indicated it would be dangerous to leave this work in the hands of this company under the present situation."
— SGI Tushar Mehta
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The Centre also submitted confidential inputs to the Court in a sealed cover. Mehta stated that in cases involving a clear or even potential threat, Clause 9 would apply instead of Rule 12. He said there are rare situations where giving reasons itself could harm the nation’s interest.
In response to Rohatgi’s submission that the doctrine of proportionality applies here, Mehta said,
"In national security cases, proportionality does not apply."
— SGI Tushar Mehta
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Justice Datta observed that in such matters, the guiding principle should be "better safe than sorry."
Mehta concluded with a strong statement:
"The enemy only needs to succeed once, but the country must succeed every time."
According to a Reuters report, Celebi stated in its plea that the decision to revoke clearance would affect nearly 3,791 jobs and investor trust. The company claimed that the move came without any prior warning or detailed explanation.
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The plea argued that a vague reference to national security without concrete details is not acceptable under law.
"The order gives no specific reason—just a general reference to national security."
— Celebi’s Plea
Celebi also clarified that although some shareholders are Turkish nationals, the controlling interest lies with companies not linked to Turkey.
The matter is now scheduled for further hearing on Wednesday.
