Celebi Aviation Challenges Security Clearance Revocation in Delhi High Court

Celebi Aviation Services India Private Limited presented its case in the Delhi High Court on Wednesday, asserting its identity as an Indian company with Indian employees. The firm is contesting the recent decision by the Bureau of Civil Aviation Security (BCAS) to revoke its security clearance, citing national security interests. Senior advocate Mukul Rohatgi, representing Celebi Aviation, informed the court that the company has operated in India for 17 years without any issues, arguing that the revocation of the security clearance is arbitrary and violates principles of natural justice. He emphasized the significance of this case, noting that contracts with airport operators are being terminated.

The High Court bench, led by Justice Sachin Dutta, is hearing Celebi's petition against the order issued on May 15, which followed Turkey's public support for Pakistan and criticism of India's attacks on terrorist camps, raising questions about whether the regulatory action was politically motivated. However, Rohatgi confined his arguments to legal grounds and procedural flaws in the government's decision. He pointed out that there have been substantial changes in the legal framework governing aviation security regulations compared to previous instances. 'The decision by Justice Kurian Joseph referenced the 1937 aviation rules, which are no longer in effect. New regulations were established in 2011, and the current situation is governed by Rule 12.'

Rohatgi stressed that any severe decision, such as the revocation of security clearance under Rule 12, necessitates a hearing. He asserted that principles of natural justice apply wherever such decisions are made. He mentioned that he was not given any notice, despite the rule stating that he should have been informed. 'I am not insisting on the reasons; I am stating that I was disadvantaged because I was not provided with the material.'