The Supreme Court of India.
Credit: PTI File Photo
The Supreme Court on Monday declined to consider a PIL filed by a group of people for a direction to the Centre to stop and cancel licences of Indian firms exporting arms and other military equipments to Israel, which is fighting a war in Gaza.
"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,” a bench led by the CJI D Y Chandrachud said.
Observing that this court could not enter into the nation’s foreign policy domain, the bench felt by granting the reliefs sought by the petitioners, this court will have to enter into findings on the allegations raised against Israel, which is an independent sovereign nation and is not subject to the jurisdiction of the Indian courts.
The court also pointed out the Indian firms, involved in the export of arms and equipment to Israel, may be sued for breach of contractual obligations.
Advocate Prashant Bhushan, appearing for petitioners, said India is bound by various international laws and treaties that obligated not to supply military weapons to States guilty of war crimes, as any export could be used in serious violations of international humanitarian law. The counsel cited an example of Spain and the UK which checked the supply of arms. The bench, however, said it was done by the UK government and not the Supreme Court there.
The plea pointed out in various judgments, this court has held that India is under an obligation to interpret domestic law in the light of the obligations under the conventions and treaties that India has both signed and ratified.
The continued supply of arms is in violation India’s obligations under international law coupled with Articles 14 and 21 read with 51(c) of the Constitution, it said.
The petition was jointly filed by Meena Gupta, Deb Mukharji, Achin Vanaik, Jean Dreze, Thodur Madabusi Krishna, Harsh Mander, Nikhil Dey and others.
After an attack by Hamas on October 7, 2023 on Israel, 40,000 people were reportedly killed in the counter strike on the Gaza Strip, with women and children forming the majority of the casualties.