Delhi High Court Upholds Security-Based Revocation of Celebi's Clearance

The Delhi High Court has rejected a petition filed by Turkish ground-handling company Celebi, challenging the Indian government's decision to revoke its security clearance on grounds of national security. Justice Sachin Datta, delivering the judgment, underscored the government's reliance on "compelling national security considerations." The court highlighted the necessity for discretion in intelligence inputs and recognized threats such as espionage and potential misuse of airport infrastructure during external conflicts.

The ruling stated that requiring a pre-decisional hearing under Rule 12 of the Aircraft Rules in urgent security situations could impede the law's purpose. The court affirmed the priority of swift and decisive action in upholding national security over procedural debates. In balancing natural justice with national interest, the court noted while procedural fairness is crucial, safeguarding national security is paramount. Given the high-security environment of airport operations, enhanced scrutiny was deemed essential, especially concerning entities with foreign ownership.

The decision arose after the Bureau of Civil Aviation Security revoked security clearance for Çelebi's operations, resulting in contract terminations at key airports such as Delhi and Mumbai. Confidentiality on specific intelligence justification was considered essential to protect national and diplomatic interests. Senior Advocate Mukul Rohatgi represented Çelebi, arguing that the revocation lacked adherence to due process and emphasized local employment and non-affiliation with political or ideological stances despite Turkish ownership. However, Solicitor General Tushar Mehta, representing the Union Government, defended the action, highlighting that national security outweighs procedural requirements, bolstered by intelligence reports warning of severe concerns in Çelebi's operations.

(With inputs from agencies.)