MUMBAI: The Bombay High Court on Thursday allowed Turkish ground handling firm Celebi Aviation’s subsidiary to withdraw its petition challenging the revocation of its security clearance in May, which led to the termination of its contract at the Chhatrapati Shivaji Maharaj International Airport (CSMIA).
A division bench of justices BP Colabawalla and Firdosh Pooniwalla disposed of the plea after senior advocate Chetan Kapadia, representing Celebi, sought to withdraw it “without prejudice to its rights and contention in law.”
The Bureau of Civil Aviation Security (BCAS) had revoked the security clearance for Celebi Airport Services India Pvt Ltd on May 15, citing “national security” concerns. This effectively barred the ground handling company from operating at Indian airports. The decision was taken amid mounting tensions between India and Turkey over the latter’s diplomatic and arms support to Pakistan during the four-day military clash with India post the Pahalgam terror attack in April.
CSMIA was among several airports across the country that terminated their agreements with Celebi after its security clearance was revoked. The company then filed three separate lawsuits, two of which challenged Mumbai International Airport Limited’s (MIAL’s) decision to terminate its contract at CSMIA. It also sought to restrain MIAL from selecting a new ground handling agency, for which tenders were issued on May 17.
The third plea was filed against BCAS, stating that the civil aviation security regulator’s move to revoke its security clearance was “arbitrary and illegal”. Merely citing national security, without specific justification, was “vague” and “unsustainable in law,” the petition said.
However, the Bombay High Court had been deferring the hearing of the petition, awaiting the verdict on a similar plea in the Delhi High Court, which was eventually dismissed last month.
During the hearing, solicitor general Tushar Mehta, appearing for the central government, had defended the revocation of Celebi’s security clearance. Mehta pointed to “intelligence inputs” that indicated potential risks connected to Celebi’s operations, especially in managing both passenger and cargo aircraft. He also cited concerns regarding a lack of transparency, claiming that revealing confidential security details to the Turkish company could harm “national interests”.
Following this, a single-judge Delhi High Court bench of justice Sachin Datta dismissed Celebi’s petition on July 7, ruling that the Centre had taken the decision based on compelling national security and geopolitical considerations.
On Thursday, Celebi told the Bombay High Court bench that the firm wanted to withdraw its plea, which the court accepted. Last month, the high court also vacated its earlier interim order restraining MIAL from finalising new tenders for ground and bridge handling services after Celebi’s contract was terminated.
Celebi Aviation had a significant presence in India’s aviation sector. Since entering the Indian market via CSMIA, the company expanded to nine airports across the country. These include major hubs such as Delhi, Bengaluru, Hyderabad, Chennai, Cochin, Kannur, Goa, and Ahmedabad. The firm’s Indian operations covered a wide range of services, including passenger assistance, flight operations, cargo handling, warehouse management and bridge operation services.