No prior notice to Celebi due to national security concerns: Centre tells Delhi HC

Representing the Centre, Solicitor General Tushar Mehta said before Justice Sachin Datta that when it comes to matters of security, swift and decisive action must be taken.
The Delhi High Court
Delhi High Court.(File Photo | EPS)
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NEW DELHI: The central government told the Delhi High Court on Thursday that it could not give prior notice or a chance to be heard to Turkish ground handling company Celebi Airport Services India before revoking its security clearance, citing national security concerns linked to the India-Pakistan conflict.

Representing the Centre, Solicitor General Tushar Mehta said before Justice Sachin Datta that when it comes to matters of security, swift and decisive action must be taken.

“In cases involving national security, it’s not about procedures. We either act or we don’t. These are decisions based on protecting the country,” Mehta explained. He pointed to Section 5 of the Bharatiya Vayuyan Adhiniyam, which allows the Bureau of Civil Aviation Security to carry out regulatory oversight on civil aviation safety and security matters. He called this case “unusual” and referred to possible threats at airports.

Celebi, a company that handles cargo and ground services at airports, was said to have access to sensitive information.

“Many airlines can’t afford their own staff and rely on companies like Celebi. These operators handle critical systems, they know flight timings, VIP movement, and luggage details,” Mehta added.

Responding to Celebi’s argument that they were not given a chance to respond before their clearance was cancelled, Mehta said such a step could undermine the very reason behind the decision. “When the country faces unpredictable situations, explaining the move or giving a hearing can sometimes defeat the purpose,” he argued.

Mehta also referred to past court rulings, stating that the right to free speech or information could be restricted in cases concerning national security. At this point, the judge remarked that Article 19, which deals with these rights, doesn’t apply to companies in the same way as individuals.

“A company doesn’t hold rights under Article 19. Their main point is just that they should have been informed or given notice,” the Court observed.

The case will be heard again on Friday afternoon.

Celebi had approached the HC after the Indian government withdrew its security clearance for the company. The move came after a brief military standoff between India and Pakistan, during which the Turkish government publicly supported Pakistan.

Also in court

HC halts CAG audit of Ajmer Sharif Dargah

The Delhi High Court has stayed the Comptroller and Auditor General (CAG)’s proposed audit of the accounts of Ajmer Sharif Dargah, observing that the legal requirements under the CAG Act were not met. Justice Sachin Datta, while hearing two petitions filed by the Anjuman Moinia Fakhria Chishtiya Khudd Khwaja Sahib Syedzadgan (Regd.) Dargah Sharif on May 14, found merit in the argument that Section 20 of the CAG Act had not been properly followed. The matter is now scheduled for hearing on July 28.

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