KKN Gurugram Desk | In a case underscoring the delicate balance between national security and commercial interests, the Delhi High Court observed on Monday that in matters involving national security, procedural rules can be overridden. The comment came during the hearing of a petition filed by Celebi Airport Services India Pvt Ltd, a subsidiary of a Turkey-based company, which is challenging the Indian government’s decision to revoke its security clearance.

Background: Celebi’s Security Clearance Revoked Over Geopolitical Tensions

The controversy stems from a decision by the Ministry of Civil Aviation, which on May 15, 2025, revoked Celebi’s security clearance. The move followed public and strategic backlash over Turkey’s support to Pakistan during the recent Pahalgam terror attack conflict.

Turkey had not only expressed diplomatic support for Pakistan but also reportedly supplied drones to assist Pakistani operations. This triggered strong reactions in India, with growing calls to boycott Turkish products and services, including Celebi, which manages operations at nine Indian airports and employs over 10,000 workers.

Courtroom Highlights: Celebi Questions Due Process

Senior Advocate Mukul Rohatgi, appearing for Celebi, argued that:

• The company has been operating in India for 17 years

• No prior warning, hearing, or reason was given before revocation

• The decision seems driven by public sentiment, not evidence

• It violates the principles of natural justice and administrative fairness

He further stated:

“A business cannot be shut down with just a two-line notice. There must be a lawful process.”

Government’s Stand: Security Trumps Procedure

Responding on behalf of the Union Government, Solicitor General Tushar Mehta justified the revocation, saying:

• The company is involved in critical airport operations, a highly sensitive sector

• The Bureau of Civil Aviation Security (BCAS) has the legal right to revoke security clearance without explanation

• The Ministry of Civil Aviation has full discretion to act in interest of national security

He emphasized:

“When national security is involved, procedural rules take a backseat. The enemy needs only one chance to succeed. Our security forces must succeed every time.”

High Court Remarks: Security First

Hearing both sides, the Delhi High Court Bench made a pivotal observation:

“It is better to be safe than to say sorry later. In matters involving national security, we cannot always follow a linear rulebook.”

The court, however, also asked the government to explain under which provision the security clearance was withdrawn and posted the matter for further hearing on May 21, 2025.

Legal, Strategic, and Industry Implications

Legal Viewpoint:

This case raises questions about:

• Administrative law principles and the right to fair hearing

• Governmental discretion under national security clauses

• Limits of judicial review in matters involving confidential intelligence

Strategic Context:

The incident reflects India’s zero-tolerance policy on terrorism and indirect support from third-party nations. India’s approach aligns with its:

• Proactive diplomatic posture in counterterrorism

• Efforts to assert economic sovereignty in geopolitically sensitive sectors

• Push for “Make in India” and self-reliance in aviation and logistics

Aviation Industry Impact:

Celebi India has been a key ground handling service provider, managing:

• 58,000+ flights annually

• 5,40,000+ tonnes of cargo

• Ground support across Delhi, Mumbai, Bengaluru, Hyderabad, and other major airports

Any disruption in its operations could affect airport efficiency, logistics timelines, and employment of over 10,000 staff members. Stakeholders are watching the court’s next move closely.

Turkey’s Position: Diplomatic Fallout Continues

India-Turkey ties have been under strain due to Ankara’s:

• Consistent support for Pakistan on Kashmir

• Alignment with Islamabad in multilateral forums

• Rising anti-India rhetoric from Turkish leadership

This case could be viewed as part of India’s broader diplomatic response, which has included:

• Suspension of cultural exchanges

• Reconsideration of business partnerships

• Monitoring of foreign entities linked to adversarial states

What is BCAS and What Power Does It Hold?

The Bureau of Civil Aviation Security (BCAS) operates under the Ministry of Civil Aviation and is the apex authority for:

• Framing security norms for civil aviation

• Issuing or revoking security clearances to operators

• Coordinating with airport operators, airlines, and intelligence agencies

BCAS guidelines grant the Ministry discretionary powers to deny or revoke access if national interest or public order is at stake.

Voices From Inside the Industry

Aviation Expert Sanjay Bhatnagar:

“Security clearances are not just technicalities; they’re about trust. If that trust is broken or doubted, revocation is within rights — even without explanation.”

Legal Commentator Richa Pandey:

“However, if this becomes a pattern — where foreign companies are excluded without reason — it may raise concerns among global investors about India’s regulatory environment.”

What’s Next? Key Dates and Legal Questions

• May 21, 2025: Next court hearing

• Court to examine statutory basis of the clearance revocation

• Center expected to file detailed affidavit on security grounds

Questions before the court:

1. Can national security be invoked without transparency?

2. Should affected companies be given a chance to respond?

3. What checks exist to ensure executive power isn’t misused?

The Celebi security clearance case highlights a larger conversation — how far can a government go to protect national security, and at what cost to commercial operations and due process?

While the government insists it is acting within its rights and under threat assessments, the court’s decision will set a significant precedent for the future of foreign businesses operating in India’s sensitive sectors.