Supreme Court Rejects PIL to Halt Arms Exports to Israel Amidst Gaza Conflict

The Supreme Court dismissed a Public Interest Litigation (PIL) seeking to halt India's export of arms to Israel during the ongoing Israel-Palestine conflict, stating it cannot interfere in matters of national and foreign policy. The petitioners argued that these exports contribute to genocide in Gaza.


Devdiscourse News Desk | Updated: 09-09-2024 18:23 IST | Created: 09-09-2024 18:23 IST
Supreme Court Rejects PIL to Halt Arms Exports to Israel Amidst Gaza Conflict
Representative image. Image Credit: ANI
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The Supreme Court on Monday dismissed a Public Interest Litigation (PIL) demanding the cancellation of existing licenses and the halt of new permits for the export of arms and military equipment from India to Israel amid the Israel-Palestine conflict. The bench, led by Chief Justice of India DY Chandrachud and including Justices JB Pardiwala and Manoj Misra, emphasized that it cannot interfere with national policy and government decisions.

The court further stated it is beyond its jurisdiction to direct the government on foreign policy matters, including the export of materials to any country. The judges noted that providing the relief sought would require the court to make determinations regarding allegations against Israel, an independent sovereign nation.

Granting such relief would effectively result in judicial injunctions that breach existing contracts between Indian companies and international entities. "The court lacks the authority to instruct the government on export policies related to arms sales," the bench told advocate Prashant Bhushan, representing the petitioners. Bhushan argued that India's arms exports are contributing to genocide in Gaza, violating the Genocide Convention. However, Chief Justice Chandrachud countered with a hypothetical scenario involving Russia and oil exports to illustrate the complexities of foreign policy decisions.

The plea, filed by 11 individuals including retired civil servant Ashok Kumar Sharma and represented by advocate Prashant Bhushan, claimed that India's arms exports to Israel violate international law and constitutional mandates. The petition identified several companies, including a public sector enterprise and private firms, as exporters to Israel, urging immediate cessation of such exports.

(With inputs from agencies.)

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