New Delhi: Turkish companies overseeing ground handling and cargo terminal functions on Wednesday informed the Delhi High Court that the revocation of their security clearance by the aviation watchdog BCAS was in violation of due procedure and principles of natural justice.
Arguing before Justice Sachin Datta, senior advocate Mukul Rohatgi said Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd were in business for the last 17 years and the BCAS’ decision came as a “bolt”.
The security clearance of the firms was revoked by the Bureau of Civil Aviation Safety (BCAS) on May 15, days after Turkey-backed Pakistan and condemned India’s strikes on terror camps in the neighbouring country.
Rohatgi, representing the firms who have challenged the move, said there was “grave urgency” in the matter as airport operators were revoking their contracts with the petitioners as a consequence.
“I am saying it is a breach of principles of natural justice. There was no notice, no opportunity of hearing. There is violation of Rule 12 (of Aircraft Security Rules),” he said.
Rohatgi contended the rules mandated a “statutory requirement” to give an opportunity of hearing before cancelling the clearance and no exception could be created by the authorities.
Objecting to the Centre furnishing some “inputs” to court in a sealed cover on May 19 to support its decision, he said the petitioners were left “in the dark” and demanded that reasons ought to have been duly recorded.
“You have to have reasons. Reasons to be recorded in writing rules out subjectivity... I should know the accusations,” he said.
Rohatgi added, “If the problem is that these people are Turkish, we will replace them. What more can I say?”
The court, however, asked the counsel to confine his submissions to legal arguments.
“That doesn’t take us any far. You’ll replace X persons, that doesn’t make a difference,” the judge said.