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Delhi High Court Upholds Security Clearance Cancellation for Turkish Aviation Firm Celebi

The Delhi High Court has ruled against Turkish aviation company Celebi, affirming the cancellation of its airport security clearance by the Bureau of Civil Aviation Security. This decision, prompted by national security concerns amid geopolitical tensions, will affect ongoing legal challenges by Celebi against contract terminations at various Indian airports. The court emphasized the importance of eliminating potential risks associated with espionage and logistics in the context of national safety. Celebi's legal team argued that significant changes in aviation regulations have occurred since the previous rules were established, highlighting the evolving nature of aviation security laws.
 

Court Decision on Security Clearance

The Delhi High Court has denied relief to the Turkish company Celebi regarding the cancellation of its airport security clearance. The court upheld the decision made by the Bureau of Civil Aviation Security (BCAS), emphasizing that BCAS holds the authority to issue directives for airport operations in the interest of national security. The court further stated that it is crucial to eliminate any potential for dual-use capabilities related to espionage or logistics, especially in situations of external conflict that could severely jeopardize the nation's safety.


Background of the Case

On May 15, the central government, through its Ministry of Civil Aviation, revoked the security clearance granted to the firm, citing national security concerns. This decision followed a strong backlash in India against Turkey's support for Pakistan amid ongoing tensions. The ruling from the Delhi High Court will directly impact other lawsuits filed by the company and its subsidiaries, which have challenged the termination of contracts at various airports in the Madras, Bombay, and Gujarat High Courts. These petitions were previously held pending for final resolution due to the ongoing issue of the security clearance cancellation.


Legal Arguments Presented

Celebi's contracts with airport operators are being terminated. However, the lawyer representing the company, Rohatgi, limited his arguments to legal grounds and procedural flaws in the government's decision. He pointed out significant changes in the legal framework concerning aviation security regulations, referencing that the 1937 aviation rules considered in Justice Kurian Joseph's ruling are no longer in effect. New regulations were established in 2011, and the current situation is governed by Rule 12.