It is better to be safe than sorry, the Delhi high court remarked on Monday, as it heard a petition by Turkey-based company Celebi Airport Services India Pvt Ltd against the revocation of its security clearance in the wake of the country's support to Pakistan amid tensions with India.
On May 15, the Bureau of Civil Aviation Security (BCAS) revoked Celebi's security clearance, citing "national security", days after Turkey backed Pakistan and condemned India's strikes on terror camps in the neighbouring country and Pakistan-Occupied Kashmir. The security clearance to the company was given in November 2022.
"The rule is better safe than sorry," a single bench of justice Sachin Datta told senior advocate Mukul Rohatgi who appeared for the aviation firm.
Celebi operated in the Indian aviation sector for more years, offering its services at nine airports and employing over 10,000 people. It handles around 58,000 flights and 5,40,00 tonnes of cargo annually in India, PTI quoted its website as saying.
The court's remarks came as Mr Rohtagi said public perception cannot be used to take away employment. "We are not a rogue company," he said.
"No reason mentioned, no opportunity of hearing given. It appears that it is because of public perception because the shareholding of this company is of Turkish nationals," he added.
The lawyer said his client has been operating in India for 17 years. "My lords, there is a procedure that must be followed. One cannot trample my business with a two-line letter without notice," he said.
The bench, however, observed that a prior notice may prove counter-productive amid apprehensions over the nation's security. If such a notice is served, then it may hasten one to do what is apprehended, it said.
Appearing for the Centre, Solicitor General Tushar Mehta said the petitioner deals with operations at airports. "Every such person knows the nook and cranny of aircraft and airports. Passenger's luggage is not cargo. All flights are passenger-cum-cargo," he said.
"We are dealing with the most delicate subject of civil aviation and national security and sovereignty of the nation," he added.
Mr Mehta also referred to BCAS' notice to Celebi that said the right to issue a security clearance lies solely with the Civil Aviation Ministry. The ministry, he added, reserves the right to revoke the clearance without any specific reason.
In matters involving national security, there cannot be a "doctrine of proportionality", the Solicitor General said.
As Mr Rohatgi maintained that Celebi employs Indian citizens to handle services across the nine airports, his opponent said: "Who controls and who gives instructions, that matters."
"The enemy can make 10 attempts and has to succeed in one. Security agencies have to succeed on all 10 occasions. National security based on civil aviation security has to be placed on the highest pedestal," he said.
The High Court adjourned the matter till May 21. It also asked the Centre under which provisions did it revoke the security clearance to Celebi.
In its plea, Celebi said that "vague" national security concerns were cited in the notice without reasoning, a report by news agency Reuters said.
Besides Turkey, Azerbaijan has offered its support to Pakistan in the wake of the Indian strikes under Operation Sindoor. The strikes were in response to the Pahalgam terror attack that killed 26 tourists.
Turkey and Azerbaijan's support has triggered calls to boycott visits to the two nations, in India. Travel websites said they have witnessed a decline in bookings and a dump in cancellations in visits to the two countries.
The Confederation of All India Traders have also decided to boycott all trade and commercial engagement with Turkey and Azerbaijan.
