New Delhi:
It is better to be safe from sorry, the Delhi High Court on Monday commented, as it heard a petition by Turkish -based Celebi Airport Services India Private Limited, which was against the dismissal of its security approval in view of the country’s support for Pakistan’s tension with India.
On 15 May, the Bureau of Civil Aviation Security (BCAS), citing “national security”, canceled Nalbi’s security approval, when Turkey supported Pakistan and condemned India’s attacks on terrorist camps in neighboring country and Pakistan-Pakistan-Kabj Kashmir. The company was given security approval in November 2022.
A single bench of Justice Sachin Dutta told senior advocate Mukul Rohtgi, who appeared for the aviation firm, “better than the rule.”
Celebi operated in the Indian aviation sector for more years, provided its services at nine airports and employed over 10,000 people. It handles 58,000 flights and 5,40,00 tonnes of cargo in India, PTI said to its website.
As a court comment, Mr. Rohtagi said that public perception cannot be used to remove employment. “We are not an evil company,” he said.
He said, “There is no reason, there is no hearing opportunity. It seems that it is due to public perception because the company’s stake is of Turkish citizens,” he said.
The lawyer said that his client has been working in India for 17 years. “My Lords is a process that should be followed. No one can trample my business with two-line letters without any notice,” he said.
The bench, however, was observed that a prior notice could prove to be a counter-producer amid fears on the security of the country. If any such notice is served, it may hurry what is done, it is said.
The Center, present for the Center, Solicitor General Tushar Mehta said that the petitioner is related to operations at the airports. He said, “Every such person knows the nooks and cranes of the aircraft and airports. The passenger’s goods are not cargo. All flights are passengers-cum-cargo,” he said.
“We are working with the most delicate subject of civil aviation and national security and sovereignty of the nation,” he said.
Mr. Mehta also mentioned the notice of BCAS to Celebbi, stating that the right to issue security approval is only with the Ministry of Civil Aviation. The ministry, he said, reserves the right to cancel the evacuation without any specific reason.
In matters related to national security, the “principle of proportionality” cannot be, the Solicitor General said.
As Mr. Rhatgi said that Celebi appointed Indian citizens to handle services at nine airports, his opponent said: “Who controls and who gives instructions matters.”
He said, “The enemy can make 10 efforts and one has to succeed in one. Security agencies have to succeed on all 10 occasions. National security is to be placed on the highest chair on the basis of civil aviation security,” he said.
The High Court postponed the case till 21 May. It also asked the Center which provisions canceled the security approval to Celeby.
A report by the Reuters of the news agency stated that in its petition, Celebi stated that “vague” national security concerns were quoted in notice without any argument.
Apart from Türkiye, Azerbaijan has given his support to Pakistan in view of Indian attacks under Operation Sindoor. The strike was in response to the Pahalgam terror attack, killing 26 tourists.
Türkiye and Azerbaijan’s support has triggered calls to boycott two nations in India. Travel websites said that they have seen a decline in booking and a decline in cancellation in the journey of both countries.
The Confederation of All India traders has also decided to boycott all trade and commercial engagement with Türkiye and Azerbaijan.
