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Delhi High Court Hears Celebi’s Plea Against Revocation of Security Clearance; Centre Cites National Security

23 May 2025 11:12 AM - By Court Book

Delhi High Court Hears Celebi’s Plea Against Revocation of Security Clearance; Centre Cites National Security

The Delhi High Court is currently hearing a petition filed by Celebi Airport Services Private Limited, a Turkey-based aviation company, against the revocation of its security clearance by the Bureau of Civil Aviation Security (BCAS). The Central Government, opposing the plea, argued that the action was taken in the interest of national security and in an unprecedented situation where giving prior hearing or reasons was not possible.

"In cases involving national security, either we act or we don’t. There is no middle ground," stated Solicitor General of India, Tushar Mehta, during the hearing before Justice Sachin Datta.

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The Centre asserted that the revocation was not a blanket or arbitrary move and emphasized that judicial review remains available to Celebi. SGI Mehta stated, "This is not a carte blanche… If your lordships find it was done in a cavalier manner, interference is possible."

Addressing Celebi’s contention regarding the lack of adherence to natural justice, Mehta said that certain national threats are so urgent that any delay, including that caused by issuing notices, could defeat the very purpose of the action. He noted that these situations call for the use of the government's plenary powers.

The Centre also referenced a Supreme Court ruling which states that in matters of national security, procedural norms like giving a hearing or disclosing reasons may be set aside. "Disclosure of reasons may seriously prejudice national interest and sovereignty," Mehta remarked, highlighting the delicate balance between transparency and security.

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Mehta also pointed out that the action taken was in line with Rule 12 of the Aircraft Security Rules, 2023. This rule gives the Director General authority to suspend or cancel security clearance in the interest of national or civil aviation security. While Rule 12 generally requires an opportunity to be heard and reasons to be recorded in writing, Mehta argued that these provisions are directory, not mandatory. "There is no specific consequence mentioned for non-compliance," he said.

He further added that Celebi’s representation was received and considered by the authorities before the final order was issued. According to him, this satisfies the principles of natural justice in substance, if not in strict procedural form.

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Celebi’s plea argues that the security clearance was revoked without any warning or substantial reasoning. The petition points out that the decision impacts nearly 3,800 jobs and investor confidence. It also notes that although some shareholders are based in Turkey, the majority control of the company lies with entities that are neither of Turkish origin nor incorporation.

“The order fails to disclose any specific or substantive reason except for a vague and general reference to ‘national security’,” Celebi stated in its petition, calling the order unsustainable in law.