Supreme Court Refuses to Halt Arms Exports to Israel, Citing Foreign Policy

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The Supreme Court on Monday dismissed a PIL seeking a direction to the Centre to stop the export of arms and military equipments to Israel which is fighting a war in Gaza, saying the court cannot enter into the domain of the nation’s foreign policy.

A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra said the Indian firms, involved in the export of arms, equipments to Israel, may be sued for breach of contractual obligations and hence they cannot be stopped from supplying.

“We cannot enter into the nation’s foreign policy domain,” the bench said.

“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,” the CJI said.

A PIL was filed by Ashok Kumar Sharma and others through lawyer Prashant Bhushan seeking a direction to the Centre to cancel licences and not to grant new ones to Indian firms exporting arms and other military equipments to Israel.

Israel’s war on Gaza has led to killings of thousands of Palestinians. Prior to this, in an unprecedented attack, Hamas gunmen stormed across Gaza’s border into Israel and killed about 1,200 people on October 7, 2023.
 

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