Turkish ground handling and cargo operator Çelebi Airport Services India told the Delhi High Court on Wednesday that by revoking its security clearance, the Central government has put a guillotine on a company which has worked in India for 17 years and employs over 10,000 people.
Senior Advocate Mukul Rohatgi appeared for the company and said Çelebi cannot be equated with Turkish government and does not have any axe to grind with India.
“People working with us are Indians… I have more than 10,000 employees in several airports. Without blemish, I have worked to satisfaction,” he said.
Rohatgi stressed that the Indian government’s action was contrary to law, since there exists a statutory obligation to give a hearing before taking a drastic step like revocation of security clearance.
“The central government is aware of how things are done. The maker of the rule is not allowed to create an exception to the rule,” he said.
The submissions were made before Justice Sachin Datta
Çelebi moved the High Court challenging the Indian government’s decision to revoke its security clearance.
The decision was taken following the four-day Indo-Pak military conflict in which the Turkish government openly backed Pakistan.
While making his case, Rohatgi also objected to the Central government’s decision to provide the reasons only to the Court in a sealed cover.
“One feature I wanted to point out is what they showed in the sealed envelope, we do not know. I can only speculate what the reasons are. There is only one that the shareholding one my company is Turkish. I protest this sealed envelope procedure. It is frowned upon by the Supreme Court. My hands are tied,” he argued.
Solicitor General Tushar Mehta appeared for the Central government and said that certain things cannot be shared with the company but only with the Court.
Justice Datta asked Rohatgi whether he is entitled to the material as a matter of law.
“Is the court obliged to supply to you,” the judge queried.
Rohatgi replied that he is not asking for a copy of the reasons but a reasonable opportunity to make his case and a notice of hearing.
The hearing will continue tomorrow (May 22).
During the previous hearing on May 19, the Central government had opposed the plea, arguing that it would be hazardous to engage the services of the company.
“There are two categories of contracts—airport handling and cargo handling. These are extremely sensitive operations where personnel know every nook and cranny of the airport,” the Mehta had said.
He added that the revocation was rooted in concerns over national security under the Aircraft Security Rules, particularly Rule 12, which permits cancellation of licence where there is a potential threat.
The Ministry of Civil Aviation, acting through the Bureau of Civil Aviation Security (BCAS), withdrew Çelebi’s clearance on May 15 invoking national security grounds. The move was a result of diplomatic tensions between India and Turkey following the latter’s support for Pakistan during recent hostilities involving Operation Sindoor.
This prompted Celebi to move the Court contending that the Indian government’s decision was “arbitrary and devoid of specific reasons”.
Çelebi, a wholly-owned Indian subsidiary of Turkish parent company Çelebi Aviation Holding, argued that the government’s order lacked any prior notice or opportunity to respond. The company described the justification as “vague” and “unsubstantiated,” asserting that such actions jeopardise foreign investor confidence and threaten the livelihoods of over 3,800 Indian employees.
The company also clarified that while it has Turkish ownership, operational and managerial control of its Indian entity is handled by an India-based team,and that it has maintained a clean track record for over a decade at major airports.
