Indian Supreme Court Rejects Legal Bid to Cancel Arms Exports to Israel

Jerusalem, 9 September, 2024 (TPS) -- New Delhi, Sept. 9 (ANI): The Supreme Court on Monday dismissed a public interest litigation 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.

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 not subject to the jurisdiction of the Indian courts.

Granting the directive would amount to a judicial injunction for breach of contracts which Indian companies have entered into with international entities, the court 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.

The plea, filed by 11 people through advocate Prashant Bhushan, argued that granting a license for the export of arms and other military equipment to Israel violated 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, the petition alleged.