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HIGH COURT OF DELHI
JUDGMENT
CELEBI GROUND HANDLING INDIA PRIVATE LIMITED .....Petitioner
For the Petitioner : Mr. Sidhartha Das and Mr. Aditya Rathee, Advocates
For the Respondents : Mr. Chetan Sharma, ASG with Mr. Amit Tiwari, CGSC; Mr. Amit Gupta, Mr. Saurabh Tripathi, Ms. Ayushi Srivastava, Mr. Shubham Sharma, Mr. Ayush Tanwar, Ms. Nishtha Dhal and Mr. Vikram Aditya Singh, Advocates for UoI.
Ms. Ananya Gosain, Ms. Shreya Manjari, Advocates for R1, 2 & 3.
Mr. Sonal K. Singh, Mr. Ratik Sharma, Mr. Parth Sindhwani, Mr. Yashvardhan Singh Gohil, Advocates for R-4.
1. The present Writ Petition has been filed by the Petitioner being aggrieved by the actions undertaken by the Respondents, culminating in the revocation of the Petitioner’s Security Clearance, and a directive to transfer its employees to third parties.
2. The Petitioner, Celebi Airport Services India Private Limited, is a company incorporated under the Companies Act, 2013, and its parent company is incorporated in Turkey. The Petitioner was selected by Adani Ahmedabad International Airport Limited for providing Ground Handling Services at the Sardar Vallabhbhai Patel International Airport, Ahmedabad.
3. Prior to entering into the said Ground Handling Agreement, the Petitioner underwent background checks by National Security Agencies. Based on these verifications, the Bureau of Civil Aviation Security (“BCAS”) granted the Petitioner Security Clearance, which was renewed as recently as 21.11.2022 for a period of five years.
4. The Petitioner sent a detailed representation to the BCAS, Ministry of Home Affairs and Ministry of Civil Aviation on 14.05.2025 stating that the Petitioner is a commercial entity and does not have any political affiliations, and is professionally managed by Indian nationals, employs more than 10,000 Indians and has been present in India for over 17 years. Further 65% of the Petitioner’s holding company’s shares are held by international institutional investors spread across the globe.
5. The Petitioner on 15.05.2025, sent another letter to the BCAS, stating that they do not have any connection with the Turkish Government and sought an opportunity to be heard and discuss possible solutions, including restructuring the Petitioner’s shareholding to address any sensitivities regarding existing shareholding.
6. The Security Clearance of the Petitioner was revoked by Order dated 15.05.2025 (“Impugned Order”) passed by BCAS whereby the Security Clearance granted in respect of Celebi Airport Services India Pvt. Ltd, registered under the category Ground Handling Agency was revoked with immediate effect, via a non-speaking order in the interest of national security.
7. The Impugned Order is reproduced as under:
8. The revocation of the ground handling agreement for the Indira Gandhi International Airport, New Delhi, Cochin International Airport, Bengaluru International Airport, Rajiv Gandhi International Airport (Hyderabad), and Goa International Airport, and the revocation of concession agreement for cargo handling services entered between the Petitioner and the Delhi International Airport Limited were subject to challenge before this Court in Celebi Airport Services India (P) Ltd. v. Union of India 2025 SCC OnLine Del 4755.
9. In the said judgment, a Coordinate Bench of this Court had dismissed the petitions with the finding that national security interests trump natural justice and any action by the Director General of the BCAS to revoke Security Clearance based on inputs from law enforcement or intelligence agencies cannot be deemed inconsistent with the Aircraft Rules, 2023. Further, it was held that the Director General of BCAS has the power to pass directions or orders to any person concerning the matters enumerated under clauses (i), (j), (o), (ze), and (zg) of Section 10(2) of the Bharatiya Vayuyan Adhiniyam, 2024, where such intervention is warranted in the interest of national security. In Celebi Airport Services (supra) it was held as under:
for operators, and their foreign affiliations. This is particularly true in the wake of contemporary challenges faced by the country in the security domain, and the escalations/incidents witnessed in the recent past, with geopolitical factors at play. xxxxxx
129. Any action taken by the Director General of the Bureau of Civil Aviation for the purpose of revocation of any security clearance on the basis of inputs received from the law enforcement/intelligence agency cannot be considered to be an act inconsistent with the Aircrafts Rules, 2023, contrary to what has been contended on behalf of the petitioners. xxxxxx
137. A perusal of the above provision makes it evident that it is couched in general terms. In contrast, Section 6 specifically and expressly empowers the Director General of BCAS to issue directions/orders to any person in respect of matters listed under clauses (i), (j), (o), (ze), and (zg) of Section 10(2), where such action is necessary in the interest of national security. It is a specifically tailored provision designed to address situations involving national security, vesting authority in the Director General to take remedial/preventive action. xxxxxx
140. For the above reasons, I find no merit in the present petitions; the same are consequently dismissed. Pending applications also stand dismissed.”
10. As the facts and circumstances of this Petition are identical to the decision of this Court in Celebi Airport Services (supra), this Petition is covered by the said decision. Accordingly, the present Petition is hereby dismissed. The pending Application(s) also stand dismissed.
TEJAS KARIA, J JULY 31, 2025