
Court Decision on Security Clearance
The Delhi High Court dismissed a petition from the Turkish company Celebi Airport Services India Private Limited on Monday, which challenged the government's decision to revoke its security clearance. The court supported the Ministry of Civil Aviation's action, stating that the decision was made in the interest of national security. Earlier in May, Celebi Aviation Services argued in court that they are an Indian company with Indian employees. The firm contested the revocation of its security clearance by the Bureau of Civil Aviation Security (BCAS), which was deemed necessary for national security.
Legal Arguments Presented
Senior advocate Mukul Rohatgi, representing Celebi Aviation, informed the Delhi High Court that the company has been operating in India for 17 years without any issues, and the revocation of its security clearance was arbitrary and violated principles of natural justice. He emphasized the significance of the case, noting that contracts with airport operators were being terminated. However, Rohatgi limited his arguments to legal grounds and procedural flaws in the government's decision. He pointed out that there have been substantial changes in the legal framework compared to previous instances, referencing Justice Kurian Joseph's consideration of the 1937 aviation regulations, which are no longer in effect. New regulations were established in 2011, and the current situation is governed by Rule 12.
Importance of Due Process
Rohatgi stressed that any severe decision, such as revoking security clearance, must involve a hearing as mandated by Rule 12. He argued that principles of natural justice apply wherever such decisions are made. He claimed he was not given notice, despite the rule stating that he should have been informed. Rohatgi asserted that he was disadvantaged because he did not receive the necessary materials to prepare his case.
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