The Delhi High Court recently heard a petition filed by Celebi Ground Handling Company challenging the revocation of its civil aviation security clearance. Speaking for the Indian government, Solicitor General Tushar Mehta argued that this is a matter of national security, urging the court to recognize that certain extraordinary circumstances demand immediate action, as any delay might compromise the intended security outcomes.
Presenting before Justice Sachin Dutta, the SG pointed out Celebi's access to direct aircraft, VIP movement, and flight data, all of which could potentially compromise national security. He further mentioned Celebi’s responsibility for essential tasks like cargo screening, rendering the issue particularly sensitive.
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SG's Argument
The Solicitor General explained that while procedural norms usually require a hearing and reasons to be recorded, in some cases, hearings cannot be conducted due to time constraints affecting security. He stated that during "unprecedented" times, explaining or holding a hearing could "defeat the purpose," asserting that in national security matters, decisive actions are necessary without intermediary steps.
He reminded the court that precedents have established that in matters of national security, some information is not disclosed to petitioners. SG emphasized, "This is not a supernatural weapon for halting everything, but a crucial government step."
Celebi, a Turkish Company
The court inquired whether the company holds fundamental rights under Article 19, to which the SG responded that companies are not granted such rights. Recognizing the urgency, the court directed all parties to provide final arguments by the next day. Petitioners have been asked to present their counterarguments.
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According to Celebi's website, the company annually manages around 58,000 flights and 540,000 tons of cargo in India. Operating for over 15 years in the Indian aviation sector, Celebi employs more than 10,000 individuals, providing services at nine airports.
