India says it has powers to suspend clearance of Turkey's Celebi without warning

New Delhi: The Centre on Thursday defended its decision to revoke the security clearance of Turkey-based Celebi without warning given the "unprecedented" threat to aviation security.

Appearing before Justice Sachin Datta, Solicitor General Tushar Mehta said during "unprecedented" times, giving a hearing or reasons before taking action "defeats the purpose" and in matters of national security, "either we do something or we don't" but there was "nothing in between".

Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd have moved court against the Centre's move.

Bureau of Civil Aviation Safety (BCAS) on May 15 revoked the security clearance, days after Turkey backed Pakistan and condemned India's strikes on terror camps in the neighbouring country.

Mehta said the petitioners were involved in ground and cargo handling, having access to aircraft and screening of cargo in several airports which also handled VIP movements, prompting authorities to invoke their "plenary powers" under the relevant law to take action.

"The court is dealing with a sui generis situation where there is a potential threat to the country's civil aviation security at various airports... When the country sometimes faces a situation where they are so unprecedented that neither an opportunity of hearing is possible because delay itself might defeat the object of the act nor it is possible to give reasons for the action because that again defeats the purpose of the action, plenary powers come in," Mehta said.

He added, "Plenary power is retained at the time of granting security clearance. Ground handling contract can be cancelled at any time."

Event the agreement between the parties granted power to the authorities to revoke the security clearance and the same was accepted by the petitioners, Mehta said.

With respect to the petitioners' objection to the Centre furnishing some "inputs" to court in a sealed cover, he said national security concerns outweighed the right to know.

The court, however, was assured by the Centre of "substantial compliance" with the principles of natural justice in the matter, saying it had considered a representation of the firms.

He said the decision was not a "carte blanche" or "brahmastra" as it was subject to a judicial review of the court.

If the court came to the conclusion that the authorities exercised their power in a cavalier manner, it could interfere, Mehta added.

The court would continue the hearing on May 23.

On May 19, the Centre said the decision to revoke clearance was taken in the interest of national security in light of certain inputs that continuing the services of the petitioner companies would be hazardous in the current scenario.

The petitioners however submitted that they had been carrying out ground handling operations with thousands of employees in various airports for the last 17 years "without any blemish" but its security clearance was "suddenly" revoked.

Celebi, operating in the Indian aviation sector for over 15 years and employing over 10,000 people, offers its services at nine airports.

BCAS, in its order, said, "... the security clearance in r/o Celebi Airport Services India Pvt Ltd is hereby revoked with immediate effect in the interest of national security."

The security clearance to the company, part of Turkey's Celebi, was given in November 2022.

Celebi handles around 58,000 flights and 5,40,00 tonne of cargo annually in India, according to its website.