New Delhi [India], September 9 (ANI): The Supreme Court on Monday dismissed a PIL seeking direction to the Centre to cancel any existing licenses and halt the grant of new licenses/permissions to various companies in India for export of arms and other military equipment to Israel during Israel-Palestine conflict.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said it cannot interfere with national policy and decisions taken by the government of India.
The bench also said that it was beyond its jurisdiction to direct the government of India to not export materials to any country, as it was a matter which was completely within the domain of foreign policy.
It further observed that to grant the reliefs sought by the petitioners, the apex court will have to enter into findings on the allegations raised against Israel, which is an independent sovereign nation which is not subject to the jurisdiction of the Indian courts.
Grant of the reliefs would amount to a judicial injunction for breach of contracts which the Indian companies may have entered into with international entities, it added.
“How can the court adopt this kind of jurisdiction? We can’t tell the government that you shall not export to a particular country or cancel the licenses of companies exporting arms to that country. It is a matter of foreign policy which is to be handled by the government. How can the court tell the government that there should not be exports of arms to a country? Where does the court get that sort of power? National self-interest has to be evaluated by the government,” the bench told advocate Prashant Bhushan who was representing petitioners.
Bhushan argued that that Israel is committing genocide in Gaza and India cannot allow exports which are used for genocide. He further said that allowing exports which are used in Gaza would amount to abetting genocide and the violation of the Genocide Convention, which has been ratified by India.
CJI, giving a hypothetical example, asked Bhushan if the court can direct the government to stop the import of oil from Russia amidst the ongoing war between Russia and Ukraine.
In the war of Russia and Ukraine, Russia is exporting oil to India, can we then direct government of India that you shall stop exporting oil to India?, asked the bench, while adding that it’s a matter of energy needs, conduct of foreign policy of India,
“See Bangaldesh too, there are disturbances there. What should be the degree of economic engagement with that country, it is a matter of foreign policy. See our conflict with Maldives, when the new government came there, they asked to remove our military personnel, but can we then ask tourists from India stop going there? Can we then ask the government to ask to stop investments there?,” added the bench.
The plea filed by 11 people, including Ashok Kumar Sharma, a retired civil servant and social activists through advocate Prashant Bhushan, saying that granting a licence for the export of arms and other military equipment to Israel is in violation of India’s obligations under international law coupled with Articles 14 & 21 read with 51(c) of the Constitution of India.
These companies include a public sector enterprise under the Ministry of Defence, M/s Munitions India Limited and other private companies such as M/s Premier Explosive and Adani Defence and Aeropace Ltd., and others, alleged the petition.
“At least 3 companies in India dealing with manufacture and export of arms and munitions have been granted licenses for the export of arms and munitions to Israel, even during this period of the ongoing war in Gaza. These licences have been obtained from either the Directorate
General of Foreign Trade (DGFT) or the Department of Defence Production (DDP) that authorise export of arms and munitions for dual use and specifically for military purposes,” the plea stated.
India must immediately make every effort to ensure that weapons already delivered to Israel are not used to commit genocide, contribute to acts of genocide or are used in such a way as to violate international humanitarian law, added the petition.
“That in light of this Constitutional mandate, any supply of arms and munitions to the State of Israel by India, is morally unconscionable and legally and constitutionally unsustainable,” it stated further.
“India should immediately suspend its aid to Israel, in particular its military assistance including military equipment, in so far as this aid may be used in the violation of the Genocide Convention, international humanitarian law or other peremptory norms of general international law,” stated the petition. (ANI)
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