NEW DELHI: There are "compelling national security considerations" that led the Centre to revoke security clearances of a Turkish-owned entity for handling airport-related operations, Delhi high court said on Monday, upholding the move.
It dismissed Celebi Airport Services Private Ltd's plea challenging the aviation watchdog BCAS 's decision to revoke its security clearance, noting that "once national security considerations are found to exist, it was not for the court to 'second guess' the same".
Bureau of Civil Aviation Safety (BCAS) on May 15 revoked the security clearance, days after Turkey backed Pakistan and condemned India's strikes on terror camps in the neighbouring country. Justice Sachin Datta also pointed out that "ground handling services at airports offer deep access to airside operations, aircraft, cargo, passenger information systems, and security zones. Such unbridled access to vital installations and infrastructure naturally elevates the need for strict security vetting for operators and their foreign affiliations. This is particularly true in the wake of contemporary challenges faced by the country in the security domain, and the escalations/incidents witnessed in the recent past, with geopolitical factors at play".
While the firm argued it was not even heard and the move was arbitrary, the HC found "compelling national security considerations involved" after the govt furnished material in a sealed cover for the court.
"While it would not be appropriate for this court to make a verbatim reference to the relevant information/inputs, suffice it to say, that there is a necessity to eliminate the possibility of espionage and/or dual use of logistics capabilities which would be highly detrimental to the security of the country, especially in the event of an external conflict," the HC noted.
Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd oversee ground handling and cargo terminal functions at various airports in the country. HC rejected the contention of the petitioners on the denial of principles of natural justice. “No doubt, the principles of natural justice are sacrosanct; however, it is a compelling constitutional truth that security of the realm is the pre-condition for enjoyment of all other rights,” the court said in its 94-page verdict. It said the authorities are justified in taking prompt and definitive action to completely obviate the possibility of the country’s civil aviation and national security being compromised. The HC said it was also “acutely conscious” that the state must not be allowed to invoke national security as a ruse to deny procedural due process.
“Any action taken by the Director General of the Bureau of Civil Aviation for the purpose of revocation of any security clearance on the basis of inputs received from the law enforcement/intelligence agency cannot be considered to be an act inconsistent with the Aircraft Rules 2023, contrary to what has been contended on behalf of the petitioners,” it said. Celebi said the Centre's move was against the principles of natural justice and in violation of the procedure under the Aircraft Security Rules. Celebi, operating in the Indian aviation sector for over 15 years and employing over 10,000 people, offers its services at nine airports.
It dismissed Celebi Airport Services Private Ltd's plea challenging the aviation watchdog BCAS 's decision to revoke its security clearance, noting that "once national security considerations are found to exist, it was not for the court to 'second guess' the same".
Bureau of Civil Aviation Safety (BCAS) on May 15 revoked the security clearance, days after Turkey backed Pakistan and condemned India's strikes on terror camps in the neighbouring country. Justice Sachin Datta also pointed out that "ground handling services at airports offer deep access to airside operations, aircraft, cargo, passenger information systems, and security zones. Such unbridled access to vital installations and infrastructure naturally elevates the need for strict security vetting for operators and their foreign affiliations. This is particularly true in the wake of contemporary challenges faced by the country in the security domain, and the escalations/incidents witnessed in the recent past, with geopolitical factors at play".
While the firm argued it was not even heard and the move was arbitrary, the HC found "compelling national security considerations involved" after the govt furnished material in a sealed cover for the court.
"While it would not be appropriate for this court to make a verbatim reference to the relevant information/inputs, suffice it to say, that there is a necessity to eliminate the possibility of espionage and/or dual use of logistics capabilities which would be highly detrimental to the security of the country, especially in the event of an external conflict," the HC noted.
Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd oversee ground handling and cargo terminal functions at various airports in the country. HC rejected the contention of the petitioners on the denial of principles of natural justice. “No doubt, the principles of natural justice are sacrosanct; however, it is a compelling constitutional truth that security of the realm is the pre-condition for enjoyment of all other rights,” the court said in its 94-page verdict. It said the authorities are justified in taking prompt and definitive action to completely obviate the possibility of the country’s civil aviation and national security being compromised. The HC said it was also “acutely conscious” that the state must not be allowed to invoke national security as a ruse to deny procedural due process.
“Any action taken by the Director General of the Bureau of Civil Aviation for the purpose of revocation of any security clearance on the basis of inputs received from the law enforcement/intelligence agency cannot be considered to be an act inconsistent with the Aircraft Rules 2023, contrary to what has been contended on behalf of the petitioners,” it said. Celebi said the Centre's move was against the principles of natural justice and in violation of the procedure under the Aircraft Security Rules. Celebi, operating in the Indian aviation sector for over 15 years and employing over 10,000 people, offers its services at nine airports.
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