Turkish firm Çelebi now challenges security clearance revocation in Bombay High Court

After moving the Delhi High Court, Çelebi Aviation Holding’s Indian subsidiary has now approached the Bombay High Court challenging the Indian government’s revocation of its security clearance and the resulting termination of its operational agreements at Mumbai’s Chhatrapati Shivaji Maharaj International Airport..The government's decision was taken following the four-day Indo-Pak military conflict during which Turkey openly backed Pakistan - a development that Indian authorities considered a threat to national security. In a regulatory filing dated May 22 before Turkish stock exchange-Borsa Istanbul, Çelebi Aviation stated that Çelebi Nas, in which it holds a 59% stake, has initiated three separate legal proceedings before the Bombay High Court. .The first is a writ petition seeking to suspend and annul the Bureau of Civil Aviation Security’s administrative decision cancelling its security clearance. Çelebi asserts that the clearance was revoked on unspecified national security grounds and led to the immediate and unilateral termination of its concession agreement at the Mumbai airport by the Mumbai International Airport Limited.Respondents in the matter include the Union of India, the Directorate General of Civil Aviation, the Bureau of Civil Aviation Security under the Ministry of Civil Aviation, the Airports Authority of India and the Regional Office of Civil Aviation in Mumbai.Additionally, Çelebi Nas has filed two arbitration applications against Mumbai International Airport Limited (MIAL). These challenge MIAL’s abrupt termination of the Bridge Mounted Equipment Service Agreement and the Ground Handling Services Concession Agreement.The company is also seeking urgent interim relief from the Court to restrain MIAL from proceeding with tenders issued on May 17, for appointing new ground handling and equipment service providers while the litigation is pending..In proceedings before the Delhi High Court concerning similar issues at Indira Gandhi International Airport, another subsidiary, Çelebi Airport Services India, has challenged the revocation of its security clearance by the Central government.On May 21, Senior Advocate Mukul Rohatgi, representing Çelebi, submitted that the company had been operating in India for 17 years and employs over 10,000 Indian nationals. He argued that the company was being penalised without a hearing, in violation of legal norms, and emphasised that Çelebi is a private entity independent of the Turkish government..Responding on May 22, Solicitor General Tushar Mehta, appearing for the Union of India, maintained that the decision was driven by national security concerns in light of the Turkish government's stance during the recent Indo-Pak conflict. He argued that no notice or hearing was required in such cases, and cited the Bureau of Civil Aviation Security’s plenary powers under Section 5 of the Bharatiya Vayuyan Adhiniyam to act in matters involving aviation security..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.