Celebi case: State has ‘plenary’ powers while protecting national security, govt tells HC

The Union government clarified before the Delhi High Court (HC) on Thursday that it has ‘plenary’ (absolute) powers to protect the country’s national security.

The government’s comments come on a petition filed by Celebi, a Turkish ground and cargo handling company, which challenged the government’s move to revoke its security clearance licence.

Solicitor general Tushar Mehta, appearing on behalf of the government, said, “Plenary powers rest with the government to avoid any potential threat to the country. Ground handling companies have access to the entire airport and aircraft. Hence, the director general of BCAS can use his sui generis powers to eliminate the immediate threat.” 

Mehta’s comments follow Turkey’s recent publicly shown support for Pakistan, while there are serious cross-border tensions between India and Pakistan.

Also read | Turkey’s Celebi Aviation to Delhi HC: Security clearance withdrawal has hurt business

Following this, on 15 May, the director general of the Bureau of Civil Aviation Security (BCAS) immediately scrapped Celebi’s security licence, citing concerns surrounding the country’s national security and sovereignty.

Mehta further argued, “One thing is clear, if it’s not plenary power, then a hearing has to be provided and reasons have to be recorded.” However, the country sometimes faces a situation that is so unprecedented that neither an opportunity of hearing is possible because the delay itself might defeat the object of the act, nor is it possible to give reasons for the revocation because again it defeats the purpose of the action, Mehta said. Adding that this is when ‘plenary’ power comes in.

Security issues

The solicitor general’s remarks follow Celebi’s allegations that it was never allowed an opportunity for a hearing before the government revoked its security licence, citing security concerns.

The matter will be further taken up for hearing on Friday.

Further, Mehta also informed the court that the Turkish firm has direct access to aircraft. It (Çelebi) also has access to computer data, including the VIP movement and flight movement of both domestic and international flights, hinting that this can concern the security of aviation and national security.

On Wednesday, Celebi argued that its business and contracts with airport operators across the country are now being cancelled. It said this was due to the Union government’s decision to revoke the firm’s security clearance.

“Our (Celebi’s) business and contracts have been affected,” said senior counsel Mukul Rohatgi, who is representing the company in the matter. The senior counsel argued that the government’s move was in violation of the principles of natural justice.

Also read | Dealing with ‘delicate’ subject: Govt tells Delhi HC as it opposes Celebi petition

The government, however, stated that having plenary powers allows it to revoke any licence without assigning any reasons.

In a media statement issued on 15 May, Çelebi refuted all allegations and said it is a globally operated aviation services company. “Çelebi Aviation India unequivocally refutes all allegations circulating on social media regarding the company’s ownership and operations in India. The company is 65% owned by international institutional investors from across Canada, the US, the UK, Singapore, the United Arab Emirates, and Western Europe,” said the company in a media statement.

It added, “Actera Partners II L.P., a Jersey-registered fund, holds 50% ownership in Çelebi Havacılık Holding A.Ş. The remaining 15% is held by Alpha Airport Services BV, a Dutch-registered entity.”

Currently, over 10,000 employees on a temporary basis have been transferred to Air India SATS Airport Services (AI SATS), AI Airport Services (AI ASL), and Bird Group. Similarly, Mumbai International Airport appointed Indo Thai Airport Services for ground handling.