‘We can’t get into India’s foreign policy,’ says Supreme Court, junks PIL seeking to stop export of arms, military equipment to Israel
Noting that it can’t get into India’s foreign policy, the Supreme Court on Monday dismissed a PIL seeking a direction to the Centre to cancel licences and not to grant new ones to Indian companies exporting arms and other military equipment to Israel which is at war with Hamas in Gaza.
“How can the court adopt this kind of jurisdiction? We can’t tell the government that you shall not export (arms, ammunition) to a particular country or cancel the licenses of companies exporting arms to that country. It’s 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,” a bench led by Chief Justice DY Chandrachud told petitioner’s counsel Prashant Bhushan.
The Bench – which also included Justice JB Pardiwala and Justice Manoj Misra pointed out that the Indian firms involved in export of arms, ammunition and other military equipment to Israel, might get sued for breach of contractual obligations, if stopped from supplying.
“What is the fall out on international relations is something we are not aware of… See Bangladesh too, there are disturbances there. What should be the degree of economic engagement with that country? It is a matter of foreign policy. In Maldives also we had some issues. Can we then ask the government to ask to stop investments there?” the Bench said.
“Here is a very special situation, a very unusual situation. Spain stopped a ship which was carrying arms from India to Israel. They said they cannot allow this ship to berth...,” Bhushan said.
As he said the UK has suspended exports to Israel after a letter was written by over 600 jurists, the CJI pointed out that it was done by the UK government and not by the UK Supreme Court.
The Bench didn’t agree with Bhushan that Israel was “committing genocide” in Gaza.
Triggered by an unprecedented attack by Hamas gunmen across Gaza’s border into Israel October 7, 2023 killing about 1,200 innocent civilians, Israel’s war on Gaza has resulted in killings of thousands of Palestinians.
As Israel-Gaza conflict continues unabated, a PIL filed by 11 people, one Ashok Kumar Sharma of Noida, sought a direction to the Centre to cancel licences and not to grant new ones to Indian firms exporting arms and other military equipment to Tel Aviv.
“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,” they submitted.
The petitioners submitted that supply of military equipment to Israel by companies, including a public sector enterprise, under the MoD violated India’s obligations under international law coupled with Articles 14 and 21 of the Constitution.
The International Court of Justice had on January 26, 2024, ordered provisional measures against Israel for violations in the Gaza Strip of obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.
“The provisional measures include immediate military halt to all killings and destruction that is being perpetrated by Israel on the Palestinian people. In the light of this judgment United Nation experts released a statement warning against the transfer of weapons and military ammunition to Israel which may constitute serious violation of human rights and international humanitarian laws, and risk state complicity in international crimes, possibly including genocide,” the petitioners submitted.
“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,” they said.
