Delhi High Court to hear plea filed by Turkish based company Celebi Airport Services Private Limited challenging BCAS decision to revoke its security clearance in "interest of national security". Justice Sachin Datta to hear the matter.
The matter will be heard at 4:15 PM. #Celebi #DelhiHighCourt
Hearing commences. SGI Tushar Mehta appearing for Union Government. #Celebi #DelhiHighCourt
Mehta: One is the plenary power of superintendence. The power can be exercised only in the case of security if country and airport. It's called aviation security. Your lordships are dealing with sui generis situation where there is a potential threat to country's civil aviation
Mehta: The order is passed by Director General of Civil Aviation Security. Your lordships has seen the reasons behind it. Please come to Bhartiya Vaayuyaan Adhiniyam. This is the Act in force. When the security clearance was granted, it was under different Act. Today it is this
Mehta: Considering the subject matter which is the subject of regulation, this power has to be given. Someone can blast the entire airport or aircraft. What are the functions which the ground handling contractor undertakes. Please come to definition of ground handling service.
Mehta: This is the job by the petitioner, ground handling and second is cargo. He has direct access to the aircraft, even through its employees. #Celebi #DelhiHighCourt
Mehta: For Domestic flights, almost 80-85 percent have their own staff. But there are some who can't afford. So therefore they enter into contracts with agencies like the petitioner. Most international flights don't have their own staff and they have contracts for terminal
Mehta: He has direct access to the aircraft. This is computer data which also includes VIP movement and flight movement. They know full access of details of international and domestic flights. More drastic is access to cargo. #Celebi #DelhiHighCourt
Mehta: Including screening of cargo is their responsibility. Screening, in the facts and circumstances of the case, will be more important. One thing is clear, if it's not a plenary power, that Rule does require two things, hearing to be given and reaons to be recorded. But the

