Delhi High Court Rejects Celebi Aviation's Plea Against Security Clearance Cancellation Over National Security Concerns

The Delhi High Court has dismissed a petition filed by Turkey-based ground handling company Çelebi Aviation, which had challenged the revocation of its security clearance by the Union Government. The decision came as a major blow to the company, which has been operating at several Indian airports.

The clearance was withdrawn following concerns raised by intelligence agencies, according to the government. Çelebi's plea was rejected after the court accepted the Centre's position that national security cannot be compromised.

Contracts cancelled after clearance revoked

The case began after the Bureau of Civil Aviation Security (BCAS) cancelled Çelebi Aviation's security clearance. This led to immediate and wide-ranging consequences, including the termination of Çelebi's contracts with key airport operators such as Delhi International Airport Limited (DIAL), Mumbai International Airport Limited (MIAL), and Adani-operated airports.

The company's operations across India were disrupted, and it faced major financial and business setbacks.

Çelebi: No notice, no hearing, no reasons

Earlier, senior advocate Mukul Rohatgi, who represented Çelebi, argued that the government's action was arbitrary and violated legal procedure. He said Rule 12 of the Aircraft Rules, 2013, clearly outlines how such decisions must be taken, and those rules were not followed in this case. Rohatgi pointed out that:

• No prior notice was given
• No hearing was held
• No reasons were recorded

“The revocation has destroyed our business. Our contracts were dependent on that clearance,” he told the court. He also clarified that while Çelebi has Turkish ownership, its workforce in India is entirely Indian and politically neutral.

Çelebi warns of job losses and service disruption

In its filing, Çelebi Aviation argued that the government's order lacked any substantive reasoning and was passed without prior notice or hearing. The company said,“Mere rhetoric of national security without elaborating upon in what manner is an entity a threat... is unsustainable in law.”

Çelebi warned that the decision could affect 3,791 jobs, damage investor confidence, and disrupt critical airport services. The company currently handles around 70 per cent of ground operations at Mumbai airport, including passenger assistance, load control, flight operations, cargo handling, postal services, warehousing, and aerobridge management.

Centre: National security comes first

Defending the government's decision, Solicitor General Tushar Mehta said the matter was 'sui generis', a unique case where national security takes priority over procedural norms.

He told the court that Çelebi handles sensitive data and operates in secure zones of airports, making strict security checks essential. Intelligence reports had raised serious concerns about the company's operations, especially in areas involving cargo and passenger handling.

Mehta added that classified information related to these risks could not be revealed in court without endangering national interests.“Certain decisions in the interest of national security cannot be disclosed without risking greater harm,” he argued.

Court agrees with Centre's position

The High Court accepted the government's submission that it acted within its plenary powers in matters of national security. The judges noted that security vetting, especially for airport operations, involves sensitive assessments that cannot always follow the regular course of civil procedure.

With this, Çelebi's challenge was dismissed, and the government's revocation of its security clearance was upheld.

(With ANI inputs)

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