In Unprecedented Situation, Impossible To Give Hearing Or Reasons To Çelebi For Revoking Security Clearance: Centre Tells Delhi High Court

Opposing the plea filed by Celebi Airport Services Private Limited, the Central Government on Thursday said that the action of revoking security clearance of the Turkey based company is not a “carte blache” and judicial review is always available to the affected party.

SGI Tushar Mehta told Justice Sachin Datta that in unprecedented situation when the country faces a security threat, it is impossible for the government to give an opportunity of hearing or reasons for revoking the security clearance.

The Court was hearing a plea filed by Celebi Airport Services Private Limited challenging the decision of Bureau of Civil Aviation Security (BCAS) revoking its security clearance in the "interest of national security".

“This is not a carte blanche or a bhramastra that everything stops. Judicial review is available to the petitioner. And if your lordships comes to a conclusion that it is mere cavalier manner in which we got rid of the petitioner, then your lordships can definitely interfere,” SGI said.

SGI responded to Celebi's contention that the principles of natural justice were not complied with as no notice or opportunity of being heard was given to the company.

“The country sometimes face a situation where there 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. That is when plenary power comes in,” he said.

He also referred to a Supreme Court ruling wherein it was held that in cases involving national security, there is no requirement of following principles of natural justice and that such actions are a matter of policy which should be left to the executive.

“In a case of national security, either we do something or we don't do something. There is nothing in between,” SGI said.

Furthermore, Mehta submitted that there has been a substantial compliance of Rule 12 of Aircrafts Security Rules, 2023.

The Rule empowers the Director General to suspend the security clearance, after giving the entity an opportunity of being heard, and for reasons to be recorded in writing, for a period not exceeding one year or cancel the same where there are reasonable grounds to believe, in the interests of national security or civil aviation security or if the entity has contravened or failed to comply with any condition of security clearance or security programme or provision of these rules.

SGI said Celebi's representation was duly considered by the government and the impugned order was passed the next day.

“A representation made before decision taken and considered before action taken is substantial compliance of principles of natural justice…. Rule 12 is directory and not mandatory. Because there is no consequence of non compliance stipulated,” he said.

SGI concluded by saying that even if Rule 12 is treated to be mandatory, the same was substantially complied with in the facts and circumstances of the case.

The matter will be heard tomorrow for rejoinder arguments at 2:30 PM.

On Monday, Centre had opposed the plea saying that disclosure of reasons for revoking the security clearance may not only be counterproductive but will also seriously prejudice national interest and sovereignty and security of the country.

As per a report of Reuters, Celebi in its plea has argued that the decision would impact 3,791 jobs and investor confidence and that the same was issued without any warning to the company.

The Indian government revoked the security clearance of Celebi and its associated companies on grounds related to national security.

The plea states that mere rhetoric of national security without elaborating upon in what manner is an entity a threat to national security is unsustainable in law.

“The order "fails to disclose any specific or substantive reason except for a vague and general reference to 'national security'... (it) provides no reasons or justification," the plea read.

It further added In that while Celebi's shareholders were registered in Turkey, majority end control of the group is held by companies that do not have Turkish incorporation or origin.