The Delhi High Court has dismissed a plea by Turkey-based Celebi Airport Services India Private Limited, challenging the central government's order to revoke its security clearance. Justice Sachin Datta delivered the verdict, effectively upholding the government's decision. The detailed judgment is still awaited.
The Bureau of Civil Aviation Security (BCAS) initially revoked Celebi's security clearance on May 15, 2025, a move that followed public outcry over Turkey's support for Pakistan amid the recent India-Pakistan conflict. Celebi, a ground handling services provider, contested the revocation, arguing that the Centre's action violated the principles of natural justice and the procedures outlined in the Aircraft Security Rules. The firm asserted it had been operating in India for 17 years and was not given an opportunity to be heard before the security clearance was revoked.
Representing the Centre, Solicitor General Tushar Mehta defended the decision, stating that revoking the security clearance without prior warning was justified due to the potential threat to India's civil aviation security at various airports. He argued that the situation was unique ("sui generis") and necessitated swift action. Mehta emphasized that Celebi's involvement in ground and cargo handling, including access to aircraft and cargo screening at airports with VIP movements, prompted authorities to exercise their "plenary powers" under the relevant law. He also noted that when Celebi renewed its security clearance in November 2022, it agreed that the clearance could be revoked without specific reasons. Disclosing the reasons behind the government's actions would have "defeated the purpose" of the action.
The court concurred with the Union government's argument that national security concerns warranted immediate action without a pre-decisional hearing. The bench stated that specialized agencies are best positioned to assess the demands of national security, and the court would not second-guess their assessment unless the facts were unreasonable. The court also pointed out that the action taken by the Director General of the Bureau of Civil Aviation was consistent with the stipulation incorporated in the communication whereby the security clearance of the petitioners was renewed on December 21, 2022.
The Delhi High Court emphasized that national security considerations outweigh the need for prior notice or a hearing in such cases. The court referenced a Supreme Court ruling that established that procedural protections may yield to security needs. The High Court clarified that once national security concerns are identified as the basis for an action, the issue of whether it serves national security is not subject to judicial review.
Celebi's operations across major Indian airports have been halted due to the revoked security clearance, jeopardizing the jobs of over 10,000 employees. Following the revocation, Delhi International Airport Limited (DIAL) terminated its contracts with Çelebi. In Mumbai, domestic operator Indothai has begun taking over ground handling services from Celebi, which has filed a plea against this move in the Bombay High Court.