NEW DELHI: Better to be safe than sorry, the Delhi high court remarked Monday while hearing a plea by Turkish firm Celebi Airport Services India Pvt Ltd against revocation of its security clearance by the central govt. Opposing the plea, solicitor general Tushar Mehta told the court that the decision was taken in the interest of national security following certain intelligence inputs that it would be "hazardous" to permit the company to continue ground handling operations at nine airports in the country.
The senior law officer shared the inputs with the court in a sealed cover, telling Justice Sachin Datta that disclosing them would be counterproductive and affect national interest and security.
Senior advocate Mukul Rohatgi, appearing for Celebi, said the company has been operating in India for 17 years and had 14,000 employees.
Civil aviation & national security intertwined, SG Mehta tells HC
Solicitor general Tushar Mehta argued civil aviation and national security are interdependent. Senior advocate Mukul Rohatgi contended Centre acted "because of public perception due to shareholding of the company by Turkish nationals" but pointed out that it is "an Indian company with Indian employees", adding "we are not a rogue company". The security clearance, he said, was revoked without any opportunity for a hearing or reason.
"The enemy can try 10 times and succeed once; the country has to succeed all the time... in cases of civil aviation and national security, there cannot be a doctrine of proportionality," Mehta countered. He said airport handling and cargo handling are "extremely sensitive operations: where personnel know and have access to "every nook and cranny of the airport".
Mehta said the case involved passenger and cargo handling contracts, noting intelligence inputs indicate that, given the prevailing security climate, allowing Celebi to continue operating poses significant risks. Rohatgi, however, insisted that govt must provide concrete evidence to substantiate its allegations, adding Celebi's airport ground handling operations in India are independent and professionally managed.
Justice Datta wondered if such a decision is even amenable to being heard in appeal by the court and if serving a prior notice was mandatory under such conditions, before posting the matter for further hearing on May 21. The security clearance of the firms was revoked by BCAS days after Turkiye backed Pakistan and condemned India's strikes on terror camps in the neighbouring country.
The senior law officer shared the inputs with the court in a sealed cover, telling Justice Sachin Datta that disclosing them would be counterproductive and affect national interest and security.
Senior advocate Mukul Rohatgi, appearing for Celebi, said the company has been operating in India for 17 years and had 14,000 employees.
Civil aviation & national security intertwined, SG Mehta tells HC
Solicitor general Tushar Mehta argued civil aviation and national security are interdependent. Senior advocate Mukul Rohatgi contended Centre acted "because of public perception due to shareholding of the company by Turkish nationals" but pointed out that it is "an Indian company with Indian employees", adding "we are not a rogue company". The security clearance, he said, was revoked without any opportunity for a hearing or reason.
"The enemy can try 10 times and succeed once; the country has to succeed all the time... in cases of civil aviation and national security, there cannot be a doctrine of proportionality," Mehta countered. He said airport handling and cargo handling are "extremely sensitive operations: where personnel know and have access to "every nook and cranny of the airport".
Mehta said the case involved passenger and cargo handling contracts, noting intelligence inputs indicate that, given the prevailing security climate, allowing Celebi to continue operating poses significant risks. Rohatgi, however, insisted that govt must provide concrete evidence to substantiate its allegations, adding Celebi's airport ground handling operations in India are independent and professionally managed.
Justice Datta wondered if such a decision is even amenable to being heard in appeal by the court and if serving a prior notice was mandatory under such conditions, before posting the matter for further hearing on May 21. The security clearance of the firms was revoked by BCAS days after Turkiye backed Pakistan and condemned India's strikes on terror camps in the neighbouring country.
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