SC dismisses petition seeking ban on Indian arms exports to Israel
- In Reports
- 09:03 PM, Sep 09, 2024
- Myind Staff
The Supreme Court of India, on Monday, dismissed a petition that sought to prohibit the supply of arms and military aid by India and Indian companies to Israel amid the ongoing conflict in Gaza. The court emphasised that matters concerning the nation’s foreign policy are beyond its judicial purview
“Indian firms involved in export of arms to Israel may be sued for breach of contractual obligations if it puts a hold on export,” the Supreme Court said.
A bench of the Supreme Court, comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Mishra, was hearing a petition filed by Ashok Kumar Sharma and others, represented by lawyer Prashant Bhushan. The petition sought a directive to the Central Government to revoke existing licenses and refrain from issuing new ones to Indian companies exporting arms and military equipment to Israel.
The petitioners argued that Israel’s actions in Gaza amounted to genocide, and therefore, India’s export of arms to Israel would constitute a violation of the Convention on the Prevention and Punishment of the Crime of Genocide.
The Supreme Court, as noted on its website, highlighted that matters of foreign affairs fall within the authority and jurisdiction of the Union government. It further observed that granting the relief sought by the petitioners would require the court to make determinations on the allegations against Israel, a sovereign nation outside the jurisdiction of Indian courts.
“Can we direct that under the UN’s genocide convention you ban the export to Israel…why this restraint. This is because it impacts the foreign policy and we do not know what the impact will be,” CJI Chandrachud said.
India and Israel are close strategic partners, with increasing collaboration in advanced defense technologies and military hardware. Israel plays a key role in supplying India with counter-terrorism equipment, including surveillance systems and cybersecurity solutions.
The conflict in Gaza has resulted in the deaths of thousands of Palestinians. This escalation followed an unprecedented attack on October 7, 2023, when Hamas terrorists crossed Gaza’s border into Israel, killing approximately 1,200 people.
Image source: ANI
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