India’s Supreme Court Rejects PIL Seeking Ban on Arms Exports to Israel

The Supreme Court of India on Monday dismissed a public interest litigation (PIL) demanding a ban on arms and military equipment exports to Israel amidst the ongoing conflict in Gaza. The court, led by Chief Justice of India (CJI) DY Chandrachud, declared that it cannot interfere with the nation’s foreign policy decisions. The bench, which also included Justices JB Pardiwala and Manoj Misra, stated that halting exports from Indian companies could lead to legal consequences for breaching contractual obligations.

“We cannot enter into the nation’s foreign policy domain,” the bench asserted, as quoted by PTI. CJI Chandrachud further elaborated, “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 PIL, filed by Ashok Kumar Sharma and others, was represented by lawyer Prashant Bhushan. It sought a directive to the Indian government to revoke existing licenses and refrain from issuing new ones for exporting arms and military equipment to Israel. The petition highlighted the devastating impact of the ongoing conflict on Palestinian civilians, citing the deaths of thousands in the Gaza Strip.

The conflict escalated on October 7, 2023, when Palestinian militants launched a series of attacks on Israel, killing 1,143 people, primarily civilians. In response, Israel initiated a bombing campaign on the Gaza Strip and launched a ground invasion, leading to the deaths of thousands of Palestinians. The PIL sought to prevent further contributions to the conflict by Indian companies, but the Supreme Court ultimately declined to intervene in the matter.

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