Centre defends revocation of Turkish firm Celebi's security clearance in Delhi HC citing national security

The Centre on Monday opposed pleas filed by Turkish company Celebi Airport Services India Pvt Ltd and its affiliate in the Delhi High Court, challenging the Bureau of Civil Aviation Security’s (BCAS) decision to revoke their security clearance. The government maintained that the move was imperative to safeguard national security amid deteriorating India-Turkey relations.

National Security at the Forefront

Solicitor General Tushar Mehta, appearing before Justice Sachin Datta, argued that the revocation was based on intelligence inputs indicating that continuing to allow the companies to operate could pose a security threat in the current geopolitical climate. “It is a national security issue and the order reflects the same,” Mehta emphasised. He underscored the high stakes involved in civil aviation security, noting, “The enemy can make 10 attempts and has to succeed in one, while security agencies must succeed every time.”

Mehta submitted certain classified documents in a sealed cover to support the government’s position, stating that revealing reasons publicly could compromise the nation’s sovereignty and security. He further contended that the principle of proportionality does not apply when national security is at risk, asserting, “The rule is better safe than sorry.”

Celebi Challenges Revocation, Cites Lack of Hearing

Senior advocate Mukul Rohatgi, representing Celebi and its affiliate, argued that the revocation was arbitrary and motivated by public perception due to the Turkish ownership of the companies. He highlighted that the firms had operated in India for 17 years without any security blemishes and employed thousands of people. Rohatgi criticised the lack of prior notice or opportunity for a hearing before the security clearance was withdrawn.

“It appears the decision was driven by public perception because the company’s shareholders are Turkish nationals,” he said, adding that such grounds were insufficient to justify the drastic action. He urged the court to consider the impact on the companies’ employees and the broader aviation sector.

Court Questions Scope of Judicial Review

Justice Datta questioned whether the court could intervene in such executive decisions taken on national security grounds and whether prior notice was mandatory in these circumstances. The judge observed that giving notice might defeat the purpose of the revocation if there is a real security threat. “As long as apprehension exists, and apprehension is not justiciable under Article 226, who is to say if it is well-founded or not?” he remarked.

The court posted the matter for further hearing on May 21, seeking detailed justification from the government for revoking the clearance without prior notice.

Background and Impact

The BCAS revoked Celebi’s security clearance on May 15, 2025, shortly after Turkey publicly supported Pakistan and condemned India’s counter-terrorism strikes in the neighbouring country. Celebi Airport Services India and its affiliates managed ground handling and cargo terminal operations at nine major Indian airports, including Delhi, Mumbai, Bengaluru, Hyderabad, Chennai, Ahmedabad, Goa, Cochin, and Kannur.

The company, part of Turkey’s Celebi Group, had been operating in India since 2008, employing over 10,000 people and handling approximately 58,000 flights and 540,000 tonnes of cargo annually. The revocation has forced Celebi to halt operations across these airports, causing significant disruption in the aviation sector and resulting in a sharp decline in the company’s market value.

Celebi’s Response

In a statement, Celebi Aviation India denied any wrongdoing and reaffirmed its compliance with Indian aviation, national security, and tax regulations. The company rejected allegations linked to its ownership by Turkey President Erdogan's daughter, stressing its commitment to transparency and long-term engagement in India’s aviation industry.