The Delhi High Court observed that in matters concerning national security, it is "better to be safe than sorry," as it heard a petition filed by Celebi Airport Services India Pvt Ltd, a subsidiary of the Turkey-based Celebi group. The company has challenged the Indian government’s decision to revoke its security clearance, a move made in the aftermath of Turkey's support for Pakistan amid heightened geopolitical tensions with India.
The Bureau of Civil Aviation Security (BCAS) revoked Celebi’s security clearance on May 15, citing concerns related to "national security." This action came shortly after Turkey publicly backed Pakistan and condemned India's military strikes on terror camps in Pakistan-Occupied Kashmir and across the border, conducted under Operation Sindoor in response to the Pahalgam terror attack that claimed the lives of 26 tourists.
The security clearance that was withdrawn had originally been granted to Celebi in November 2022.
During the hearing, Justice Sachin Datta, presiding over a single-judge bench, made the remark about prioritizing national security while addressing arguments presented by senior advocate Mukul Rohatgi, who appeared on behalf of Celebi. Rohatgi contended that the decision to revoke the clearance lacked due process and was driven by public sentiment rather than legitimate legal grounds.
“We are not a rogue company,” Rohatgi asserted, emphasizing that Celebi has a long-standing and credible presence in the Indian aviation sector. He pointed out that the company has been operating in India for 17 years, providing ground handling and cargo services at nine airports, employing more than 10,000 individuals. According to its website, Celebi handles approximately 58,000 flights and processes about 540,000 tonnes of cargo annually in the country.
Rohatgi criticized the manner in which the clearance was revoked, arguing that no specific reasons were provided and no opportunity for a hearing was granted. “It appears that this action is based on public perception, simply because the shareholders of the company are Turkish nationals,” he said. “There is a procedure that must be followed. One cannot dismantle my business with a two-line letter without notice.”
However, the bench expressed concern that issuing prior notice in matters involving national security might be counterproductive. Justice Datta remarked that such a notice could potentially accelerate any suspicious or harmful activity being apprehended by authorities. “If a notice is served, it may prompt one to do what is feared,” he said.
Representing the Union Government, Solicitor General Tushar Mehta defended the BCAS decision, stating that the civil aviation sector involves highly sensitive operations and that entities working at airports are privy to intricate details about aircraft and airport infrastructure. “Passenger baggage is not the same as cargo. Every flight today is a combination of both,” Mehta emphasised, underlining the risks associated with operational security.
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He further stressed that matters involving civil aviation intersect directly with issues of national sovereignty and must be handled with the utmost caution. Mehta argued that in such cases, the usual legal doctrine of proportionality—which seeks to balance rights and restrictions—cannot be applied. “The enemy only needs to succeed once. Security agencies must succeed every time. That is the burden of national security,” he said.
Mehta also cited provisions under which the Ministry of Civil Aviation retains the exclusive right to issue or revoke security clearances without the need to provide detailed justification. The BCAS, in its communication to Celebi, had reiterated that the ministry’s discretionary powers in this area are absolute.
In response to Rohatgi’s assertion that Celebi employs Indian citizens across all operational roles at Indian airports, Mehta countered by highlighting the importance of control and oversight: “Who controls the operations and who gives instructions—these are critical issues.”
The High Court adjourned the hearing to May 21 and asked the Centre to clarify under which legal provisions it had revoked Celebi’s security clearance.
In its petition, Celebi contended that the revocation notice was based on "vague" national security concerns and lacked specific details or supporting reasoning.
Turkey, along with Azerbaijan, has extended its support to Pakistan following India’s retaliatory strikes. These developments have prompted a strong backlash within India. There have been widespread calls to boycott travel to both Turkey and Azerbaijan, with travel platforms reporting a significant drop in bookings and a surge in cancellations.
In a further response to the political fallout, the Confederation of All India Traders (CAIT) announced a nationwide boycott of all commercial and trade dealings with Turkey and Azerbaijan, reflecting rising economic and diplomatic tensions.
Also Read: Turkish firm handling security at Indian airports under lens
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