Delhi high court reserves order in Çelebi security revocation case

The Delhi high court on Friday reserved the order on a plea by Turkish ground and cargo handling firm Çelebi Airport Services Ltd. 

The Turkish company approached the Delhi high court last week, challenging the revocation of its security clearance by the Bureau of Civil Aviation Security (BCAS).

The BCAS revoked the security clearance for Çelebi Airport Services, which provides ground handling services to nine major international airports, citing national security on 15 May. The order came after Turkey backed Pakistan following India's Operation Sindoor.

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Senior advocate Mukul Rohatgi, arguing on behalf of Çelebi, said the current situation is a violation of natural justice. “The Indian government should have provided some information about revoking security clearance to Çelebi before submitting information in a sealed envelope to the court.”

Rohatgi told the court that the company should have been told about the accusations or served a show cause notice. “We were given a two-line order and then business was shut,” he said.

On Thursday, solicitor general Tushar Mehta, while making arguments for the government, told the court that the government had plenary power to avoid any potential threat to the country. 

He also told court that ground handling companies have access to the entire airport and aircraft, and the director general of BCAS has the power to eliminate any immediate threat. 

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Countering this argument, Rohatgi told the single-judge bench, presided over by Justice Sachin Datta, that Çelebi has been working in India for the last 17 years. “You are dealing with a party without blemish for 17 years. The business cannot come to an end overnight. I have a constitutional right to carry out business, that right can't be contained,” he said.

He also said the company employs 10,000 people, and each individual gets a security pass. “Nobody can enter the airport areas without the individual security pass,” he added. 

Justice Datta on Friday asked the Indian government and Celebi to file written submissions by 26 May, despite Mehta insisting that both file written submissions by 24 May.

Çelebi refuted all allegations in a 15 May statement. “Çelebi Aviation India unequivocally refutes all allegations circulating on social media regarding the company’s ownership and operations in India. The company is 65% owned by international institutional investors from across Canada, US, UK, Singapore, UAE, and Western Europe.”

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“Actera Partners II L.P., a Jersey-registered fund, holds 50% ownership in Çelebi Havacılık Holding A.Ş. The remaining 15% is held by Alpha Airport Services BV, a Dutch-registered entity.”