“Better safe than sorry…”: Delhi High Court Cites National Security in Celebi Security Clearance Case

The Delhi High Court on Monday emphasised the importance of prioritising national security, stating, "It is better to be safe than sorry," while hearing a petition filed by Celebi Airport Services India Pvt Ltd. The Turkey-based aviation ground handling company is challenging the revocation of its security clearance by Indian authorities.

Justice Sachin Datta, who was presiding over the case, made the remark during the hearing as senior advocate Mukul Rohatgi, representing Celebi, argued against the revocation. Rohatgi contended that such actions should not be based on public sentiment or perception. "We are not a rogue company," said Rohatgi, pointing out that Celebi has operated in India for 17 years. The company currently provides ground handling services at nine Indian airports, employs over 10,000 people, and handles around 58,000 flights and 5.4 lakh tonnes of cargo annually.

Rohatgi criticised the lack of due process in the revocation of the clearance. "No reason mentioned, no opportunity of hearing given. It appears that it is because of public perception because the shareholding of this company is of Turkish nationals," he argued. "One cannot trample my business with a two-line letter without notice," he added.

In response, the bench expressed concerns about the potential consequences of prior notice in sensitive matters involving national security. Justice Datta observed that such notice could be "counter-productive" and might "hasten one to do what is apprehended."

Solicitor General Tushar Mehta, appearing for the central government, underlined the significance of security in the civil aviation sector. "Every such person knows the nook and cranny of aircraft and airports. Passenger's luggage is not cargo. All flights are passenger-cum-cargo," he noted.

Highlighting the sensitive nature of the issue, Mehta added, "We are dealing with the most delicate subject of civil aviation and national security and sovereignty of the nation." He stated that the Civil Aviation Ministry holds the sole authority to grant or revoke security clearances, and that it may do so without furnishing specific reasons.

Addressing Rohatgi's argument that Celebi’s operations are managed by Indian staff, Mehta said, "Who controls and who gives instructions, that matters." He further remarked, "The enemy can make 10 attempts and has to succeed in one. Security agencies have to succeed on all 10 occasions."
"National security based on civil aviation security has to be placed on the highest pedestal," the Solicitor General concluded.

The High Court has adjourned the matter until 21 May and has asked the Centre to clarify under which legal provisions the security clearance was revoked.

In its plea, Celebi argued that the revocation was based on "vague" national security concerns and lacked clear reasoning. The case also comes amid a broader diplomatic row, as Turkey and Azerbaijan extended support to Pakistan following India's military operation named Operation Sindoor, launched in response to the Pahalgam terror attack that killed 26 tourists.

The Bureau of Civil Aviation Security (BCAS) had revoked Celebi's security clearance on 15 May, citing "national security". The move came shortly after Turkey publicly supported Pakistan and condemned India's military strikes on terror camps in Pakistan and Pakistan-Occupied Kashmir. Celebi had been granted security clearance in November 2022.​