Delhi High Court Dismisses Turkey-Based Celebi's Plea Against Revocation Of Security Clearance On Ground Of 'National Security'

The Delhi High Court on Monday (July 7) dismissed a plea by Turkey based company Celebi Airport Services Private Limited challenging the decision of Bureau of Civil Aviation Security (BCAS) revoking its security clearance in the "interest of national security".Justice Sachin Datta passed the order.A detailed copy of the order is awaited. The court had reserved its verdict on May 23 after hearing all parties. Senior advocate Mukul Rohatgi appearing for Celebi had argued that there has been a violation of natural justice is the case as the company was not given a notice and was not even informed about the proposed action which the government was to take.He said that there was a complete violation of Rule 12 of the Aircrafts Security Rules, 2023, which renders the decision of the government nullity and void. It is not voidable. It is nullity and is void, he said.Rule 12 empowers the Director General to suspend the security clearance, after giving the entity an opportunity of being heard, and for reasons to be recorded in writing, for a period not exceeding one year or cancel the same where there are reasonable grounds to believe, in the interests of national security or civil aviation security or if the entity has contravened or failed to comply with any condition of security clearance or security programme or provision of these rules.Rohatgi strongly opposed the practice of the government of sharing the inputs and reasons for revoking security clearance in a sealed cover. Meanwhile Solicitor General of India Tushar Mehta had argued that the action of revoking security clearance of the Turkey based company was not a “carte blache” and judicial review is always available to the affected party.He had said that in unprecedented situation when the country faces a security threat, it is impossible for the government to give an opportunity of hearing or reasons for revoking the security clearance.The Indian government revoked the security clearance of Celebi and its associated companies on grounds related to national security.Celebi's plea states that mere rhetoric of national security without elaborating upon in what manner is an entity a threat to national security is unsustainable in law.“The order "fails to disclose any specific or substantive reason except for a vague and general reference to 'national security'... (it) provides no reasons or justification," the plea read.It further added In that while Celebi's shareholders were registered in Turkey, majority end control of the group is held by companies that do not have Turkish incorporation or origin.Case title: CELEBI AIRPORT SERVICES INDIA PRIVATE LIMITED v/s UNION OF INDIA & ORS. Citation: 2025 LiveLaw (Del) 761W.P.(C) 6758/2025 and CM APPL.30662/2025

Delhi High Court Dismisses Turkey-Based Celebi's Plea Against Revocation Of Security Clearance On Ground Of 'National Security'

Malavika Prasad

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