New Delhi: The Centre on Thursday defended its decision to revoke the security clearance of Turkey-based Celebi without warning given the "unprecedented" threat to aviation security.
Appearing before Justice Sachin Datta, Solicitor General Tushar Mehta said during "unprecedented" times, giving a hearing or reasons before taking action "defeats the purpose", and in matters of national security, "either we do something or we don't", but there was "nothing in between".
Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd have moved court against the Centre's move.
On May 15, the Bureau of Civil Aviation Safety (BCAS) revoked the security clearance, following Turkey’s support for Pakistan and its condemnation of India’s strikes on terror camps in the neighboring country.
Mehta stated that the petitioners were engaged in ground and cargo handling, with access to aircraft and cargo screening at multiple airports, including those facilitating VIP movements. This led authorities to invoke their "plenary powers" under the relevant law to take action.
"The court is dealing with a sui generis situation where there is a potential threat to the country's civil aviation security at various airports... When the country sometimes faces a situation where they are so unprecedented that neither an opportunity of hearing is possible because delay itself might defeat the object of the act nor it is possible to give reasons for the action because that again defeats the purpose of the action, plenary powers come in," Mehta said.
He added, "Plenary power is retained at the time of granting security clearance. Ground handling contracts can be cancelled at any time." Even the agreement between the parties granted power to the authorities to revoke the security clearance, and the same was accepted by the petitioners, Mehta said.
Regarding the petitioners' objection to the Centre submitting certain "inputs" to the court in a sealed cover, Mehta stated that national security concerns took precedence over the right to know.
The court, however, received assurances from the Centre of "substantial compliance" with the principles of natural justice, noting that a representation from the firms had been considered.
Mehta clarified that the decision was neither a "carte blanche" nor a "brahmastra", as it remained subject to judicial review.
He further added that if the court determined the authorities had exercised their power in a cavalier manner, it could intervene.
The hearing is set to continue on May 23.
On May 19, the Centre said the decision to revoke clearance was taken in the interest of national security in light of certain inputs that continuing the services of the petitioner companies would be hazardous in the current scenario.
The petitioners, however, submitted that they had been carrying out ground handling operations with thousands of employees in various airports for the last 17 years "without any blemish", but its security clearance was "suddenly" revoked.
Celebi, operating in the Indian aviation sector for over 15 years and employing over 10,000 people, offers its services at nine airports.
BCAS, in its order, said, "... the security clearance in r/o Celebi Airport Services India Pvt Ltd is hereby revoked with immediate effect in the interest of national security." The security clearance to the company, part of Turkey's Celebi, was given in November 2022.
Celebi handles around 58,000 flights and 540,000 tonnes of cargo annually in India, according to its website.
(inputs from PTI)