Supreme Court dismisses plea to halt Indian firms’ supply of arms to Israel during Gaza conflict

The Bench says foreign policy has to be dealt with by the government, and not the court; retired diplomats, academicians, public intellectuals and activists moved the Supreme Court on September 4, to direct the government to cancel or halt licences given to Indian companies to export arms

Published - September 09, 2024 10:56 pm IST - NEW DELHI

Retired diplomats, academicians, public intellectuals and activists moved the Supreme Court on September 4, to direct the government to cancel or halt licences given to Indian companies to export arms

Retired diplomats, academicians, public intellectuals and activists moved the Supreme Court on September 4, to direct the government to cancel or halt licences given to Indian companies to export arms | Photo Credit: AFP

The Supreme Court on Monday (September 9, 2024) refused to entertain a petition filed by former civil servants, activists, academicians to cancel the existing licences and permissions, halt any new licences given to Indian companies to supply military equipment, arms to Israel during the ongoing Gaza conflict, saying the issue pertains to the realm of diplomatic policy of a sovereign nation with another.

“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,” Chief Justice of India D.Y. Chandrachud, heading a three-judge Bench, asked advocates Prashant Bhushan and Cheryl d’Souza, appearing for the petitioners.

The Chief Justice gave an example of the Russia-Ukraine war and the import of oil by India.

“Russia is exporting oil to India. Can we direct the government that you shall stop exporting oil to India? It is a matter of energy needs,” the CJI reasoned.

The Bench said foreign policy had to be dealt with by the government, and not the court.

The petition had named companies, including a public sector enterprise under the Ministry of Defence, Munitions India Limited, and other private companies such as Premier Explosive and Adani Defence and Aeropace Ltd. and others.

It had argued that “India is bound by various international laws and treaties that obligate India not to supply military weapons to States guilty of war crimes, as any export could be used in serious violations of international humanitarian law. Various judgments of this court have held that India is under an obligation to interpret domestic law in the light of the obligations under the conventions and treaties signed and ratified”.

The petition said India was obligated under the Genocide Convention. “India therefore cannot export any military equipment or weapons to Israel when there is a serious risk these weapons might be used to commit war crimes,” it had argued.

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