The Supreme Court of India dismissed a petition on Monday seeking to prevent Indian firms from supplying arms and military aid to Israel amid the ongoing conflict in Gaza. The court ruled that it cannot interfere in matters of national foreign policy.
The petition, filed by Ashok Kumar Sharma and others, argued that Israel’s actions in Gaza constituted genocide and that continuing arms exports would breach the Convention on the Prevention and Punishment of the Crime of Genocide. The petitioners requested the Supreme Court to direct the Indian government to cancel existing licenses and halt the issuance of new ones for military equipment exports to Israel.
The Supreme Court bench, comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra, stated that such matters fall under the domain of foreign affairs, which is the prerogative of the Union government. The court highlighted that adjudicating on the allegations against Israel would require it to make determinations about an independent sovereign nation, which is beyond its jurisdiction.
In its ruling, the Supreme Court emphasized that granting the reliefs sought by the petitioners would necessitate entering into foreign policy matters, which could have unpredictable repercussions. “We cannot direct a ban on exports to Israel based on the UN’s genocide convention as it would impact the nation’s foreign policy, and the consequences are unknown,” CJI Chandrachud remarked.
The court also noted that Indian firms involved in arms exports to Israel could potentially be sued for breach of contractual obligations if they were to suspend their exports. The ruling underscores the Supreme Court’s position on maintaining a clear separation between judicial intervention and the executive’s foreign policy decisions.
The decision was met with mixed reactions, with some praising the court’s adherence to the principle of non-interference in foreign policy, while others expressed disappointment at the denial of the petition’s request.
Sources By Agencies