New Delhi: The Delhi High Court on Monday dismissed a plea of Turkish company Celebi Aviation challenging the revocation of its security clearance by the Union government in the interest of national security.
The Centre’s action was a retaliatory measure against Turkey following its backing of Pakistan during its military response to India after Operation Sindoor. Turkey backed Islamabad and condemned India’s Operation Sindoor, taken up to avenge the killing of 26 people in Kashmir’s Pahalgam terror attack.
A single-judge Bench of Justice Sachin Datta opined that once national security considerations are found to be the reasons for the concerted action, the issue as to whether something is or is not in the interest of national security is not a matter for judicial review. “Once national security considerations are found to be in play, then the court would not second guess the rationale or sufficiency of the action taken,” said the Justice Datta-led Bench. After perusal of the relevant information on the basis of which the security clearance of the Turkey-based Celebi was revoked, the Delhi High Court said that there were “compelling” national security considerations involved, which impelled the impugned action by the Bureau of Civil Aviation Security (BCAS).
“While it would not be inappropriate for this court to make a verbatim reference to the relevant information/inputs, suffice it to say, that there is a necessity to eliminate the possibility of espionage and/or dual use of logistics capabilities which would be highly detrimental to the security of the country, especially in the event of an external conflict,” it added.
In its judgment, the Delhi High Court recognised “impelling geo-political considerations, impinging upon the safety of the country, which is also involved”. It opined that there was really no occasion for the authorities to make the revocation of security clearance contingent upon adherence to the principles of natural justice, or any procedural exercise which would detract from the necessity to take swift action.
Based on catena of judicial precedents, the Justice Datta-led Bench opined that the government is well within its rights to take pre-emptive measures to protect and preserve national security. It also referred to several judgments of other jurisdictions, including the United Kingdom and the United States, to conclude that the foreign courts have been unequivocal in giving precedence to national security over reasonable due process.
“No doubt, the principles of natural justice are sacrosanct; however, it is a compelling constitutional truth that security of the realm is the pre-condition for the enjoyment of all other rights. The State/respondents (authorities) are indeed justified in taking prompt and definitive action so as to completely obviate the possibility of the country’s civil aviation and national security being compromised,” it added.
Celebi Airport Services India is part of Turkey-based Celebi, which operates in nine airports in India, including Mumbai, Delhi, Cochin, Kannur, Bengaluru, Hyderabad, Goa, Ahmedabad and Chennai. At Mumbai airport, Celebi Airport Services handled around 70 per cent of the ground operations, like, passenger services, load control, flight operations, cargo and postal services, warehouses and bridge operations.
Saying that ground handling services at airports offer “deep access,” the Delhi High Court said that such unbridled access to vital installations and infrastructure naturally elevates the need for strict security vetting for operators, particularly in the wake of contemporary challenges faced by the country in the security domain. It opined that the principles of natural justice are not in the nature of an inflexible dogma but have to be tailored depending upon the facts and circumstances.
In conclusion, Justice Datta-led Bench said, “The action taken is consistent with the judicially evolved principles, recognised across jurisdictions, which give primacy to legitimate national security considerations, even when weighed against the procedural due process.”
(IANS)
