Lawyers representing Celebi Aviation Services India on May 21 told the Delhi High Court that government’s decision to revoke Celebi's security clearance on grounds of "national security" was contrary to law, since there exists a statutory obligation to give a hearing before taking a drastic step like revocation of security clearance.
Appearing for Celebi Aviation, Senior Advocate Mukul Rohatgi told Justice Sachin Datta on May 21 that Celebi's security clearance, originally granted in 2022 under Rule 15 for a five-year term, was abruptly revoked without prior notice or a hearing, violating the principle of procedural fairness.
"This is a matter of grave importance. My contracts with airport operators are being cancelled," Rohatgi submitted.He asserted that Celebi's workforce consists of Indian nationals and that the firm is not politically affiliated with the Turkish government. Rohatgi added that by revoking Celebi's security clearance, the Central government has put a guillotine on a company which has worked in India for 17 years and employs over 10,000 people.Rohatgi argued that the lack of transparency surrounding the reasons for this decision, suggesting that the Turkish shareholding might have influenced the government's stance.
Justice Sachin Datta-headed High Court bench is hearing Celebi's petition against the May 15 order, which came shortly after Turkey publicly backed Pakistan and criticised India's strikes on terror camps, raising questions about whether the regulatory action was politically motivated. Rohatgi, however, confined his arguments to legal grounds and the procedural lapses in the government's decision.
Citing the evolution of aviation security regulations, Rohatgi argued that the legal framework has changed significantly since earlier precedents."Justice Kurian Joseph's judgment dealt with the Aircraft Rules of 1937, which are no longer applicable. There were new rules in 2011, and the current position is governed by Rule 12," he said.In its plea, Celebi stated that its case is better as it was not served a notice before its security clearance was revoked, effectively cancelling its airport operations.
“Quash the case simply on the basis of non disclosure. I was handicapped, I had no documents, no intimation, nothing," the firm stated in its plea.
"You have violated every aspect of Rule 12, affecting my business and contracts, which are now facing cancellation. The Ministry of Home Affairs has removed us, leaving us with no recourse. The decision only targets the company, while the employees remain unchanged. I firmly submit that Rule 12 has not been properly applied," Rohatgi added.
Solicitor General Tushar Mehta appeared for the Central government and said that certain things cannot be shared with the company but only with the Court. The hearing will resume on May 22 around 1530 IST.
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