New Delhi: Arguing that the Center cannot violate its own rules, the ground handling services firm Celebi, Turkish -based airport, told the Delhi High Court on Friday that no reason was given in writing about why its security approval was canceled.
India’s Aviation Security Regulator Bureau of Civil Aviation Security (BCAS) last week canceled the security approval given to Celebi’s Indian Arm -Celebi Airport Services India – based on national security. This came in the midst of backlash in India on Turkey’s support in Pakistan during an armed conflict with Pakistan after Operation Sindoor.
The court is listening to the Celebi petition challenging the move.
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“Why have you banned me? Why have you banned my business? They have not chosen to share. Instead, they dodged me with only two-power orders,” said senior advocate Mukul Rohtgi, who was visible from the Turkish company, who has worked in the country without a convict for the last 17 years.
He said, “I am only arguing on the basis of what we read in newspapers because we do not know anything else … nothing has been shared with us,” he said, the court cannot decide until the company is supplied with details.
Senior lawyers were denying the center Discussion Before a bench of Justice Sachin Dutta.
Saying that the purpose of coming to court under Article 226 – which is related to the power of the judiciary to issue various rights to implement fundamental rights and other legal rights – to seek “justice”, Rohtagi said, “Justice cannot be that an officer writes two lines and man’s business is over.”
Emphasizing that Celebi’s operations were based on security approval from the government, Rohtgi said that it had allowed the company to partner with several parties.
Rohtgi said that the government’s decision has affected all the contracts of Celebi with five airport operators across India, including Delhi, Cochin, Hyderabad, Goa and Bengaluru. “One of my contracts with these operators is being canceled.”
To make Celebi case, Rohtgi cited the 2023 decision of the Supreme Court, in which he killed the Center’s telecast ban on the Malayalam News Channel Media on the basis of national security.
At that time, the apex court had strongly criticized the government, where the bench stated that “while public interest claims influence the principles of natural justice, seal cover proceedings violate the principles of natural justice and open justice”.
Rohtgi said that any order passed in violation of the principles of natural justice is nothing short of “disability”, saying that blackisting is the most stringent possible action in this scenario, and no argument was given for the same.
“Natural justice is included in our jurisprudence. Violation of natural justice principles in this case is not limited to them not to present the show-causal notice. The aircraft (security) rules, also have a complete violation of Rule 12 of 2023,” he argued in court.
Rule 12 of Rule 12 of 2023 is related to cancellation of security approval to suspend or cancel the power of the Director General of the Civil Aviation Bureau. However, it suggests that it can only be “after giving the opportunity to listen to the unit”. In addition, the causes of such cancellation should be recorded in writing. Rule12 also states that such suspension or cancellation can occur for a period of not exceeding one year.
However, the power of the DG of issuing directions under Section 6 of the Aircraft Act, which has now been replaced by Indian Airing Adhimnim in 2024, cannot be equalized with this power of cancellation under Rule 12, Rohtgi also said. Section 6 gives emergency powers to the Center to regulate aircraft and related facilities in the interest of public safety.
Rohtgi also said that the firm currently employs 10,000 people in the country, and all of them have security badges and IDs.
(Edited by Ajit Tiwari)