In a significant legal development, Turkish-based ground handling company Çelebi Airport Services India Pvt. Ltd. has approached the Delhi High Court to contest the Indian government's decision to revoke its security clearance. The Bureau of Civil Aviation Security (BCAS) had withdrawn the clearance citing "national security" concerns, a move that Çelebi argues lacks specific justification and threatens its operations across major Indian airports.
Çelebi, which has been operating in India since 2008, provides ground handling and cargo services at nine key airports, including Delhi, Mumbai, and Bengaluru. The revocation of its security clearance has effectively halted its operations, impacting approximately 3,791 employees and raising concerns about investor confidence in India's aviation sector. In its plea, Çelebi contends that the government's order is vague, lacking substantive reasons, and was issued without prior warning or an opportunity for the company to present its case.
The backdrop to this development involves heightened geopolitical tensions. Following India's military operation, Operation Sindoor, targeting terror camps in Pakistan-occupied Kashmir, Turkey publicly supported Pakistan and condemned India's actions. Reports also suggest that Turkey supplied drones and other military equipment to Pakistan, some of which were allegedly used in attacks against India. In response, the Indian government has taken several measures against Turkish entities, including the revocation of Çelebi's security clearance.
Çelebi argues that while its shareholders are registered in Turkey, the majority control of the group is held by companies that do not have Turkish incorporation or origin. The company emphasizes that the revocation of its clearance, based solely on its Turkish association, is unjustified and lacks a clear legal basis. The plea states that invoking national security without elaborating on how the entity poses a threat is unsustainable in law.
The case has broader implications for foreign companies operating in India, especially those from countries with strained diplomatic relations. It raises questions about the balance between national security concerns and the principles of natural justice and due process. Legal experts suggest that the outcome of this case could set a precedent for how security clearances are granted or revoked in the future, particularly concerning foreign entities.
The Delhi High Court is expected to hear Çelebi's petition in the coming days. The court's decision will be closely watched, not only by stakeholders in the aviation industry but also by foreign investors and companies operating in sectors deemed sensitive from a national security perspective. As the legal proceedings unfold, the case underscores the complex interplay between national security, foreign investment, and the rule of law in India's regulatory landscape.
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