India
SC strikes down PIL, orders ban on arms exports to Israel | India News – Times of India
NEW DELHI: The Supreme Court on Monday rejected a New Delhi high court ruling. PILL by former diplomats, officials and social activists, including Jean Dreze and Harsh Mander and musician TM Krishna who requested the Center to grant all licenses for the export of arms and ammunition to Israel on the grounds that the country has been charged by the International Court of Justice with committing genocide in Gaza.
They said that three companies in India engaged in the production and export of arms and ammunition have been granted licenses to export arms and ammunition to Israel even during the ongoing war in Gaza. They appeared Adani the joint venture of the Adani-Elbit Advanced Systems India Ltd group and Adani Israel Ltd by providing details of the weapons and ammunition they exported to Israel.
Advocate Prashant Bhushan, appearing for the plaintiffs, said that India, as a signatory to the Genocide Convention, must take steps to prevent Israel from continuing to kill Palestinians.
Bhushan said that the right to life guaranteed under Article 21 of the Constitution also applies to non-citizens of India and therefore the Supreme Court can direct the central government to revoke all existing and future licences for the supply of arms and ammunition to Israel. He referred to similar decisions taken by several countries.
The court dismissed the petition, stressing that foreign policy is solely the domain of the Union government and SC cannot interfere in it. “In order to grant the relief sought by the plaintiffs, the court would have to make findings on the allegations levelled by them against Israel,” the court said.
Advocate General Tushar Mehta said that the reliefs sought by the petitioners are excessive as taking policy decisions regarding foreign affairs and maintaining relations with foreign countries falls within the exclusive domain of the Union Government.
Based on the reasoning underlying the petition, can the court also ask the government to revoke the license to import oil from Russia, which is involved in a conflict with Ukraine?
They said that three companies in India engaged in the production and export of arms and ammunition have been granted licenses to export arms and ammunition to Israel even during the ongoing war in Gaza. They appeared Adani the joint venture of the Adani-Elbit Advanced Systems India Ltd group and Adani Israel Ltd by providing details of the weapons and ammunition they exported to Israel.
Advocate Prashant Bhushan, appearing for the plaintiffs, said that India, as a signatory to the Genocide Convention, must take steps to prevent Israel from continuing to kill Palestinians.
Bhushan said that the right to life guaranteed under Article 21 of the Constitution also applies to non-citizens of India and therefore the Supreme Court can direct the central government to revoke all existing and future licences for the supply of arms and ammunition to Israel. He referred to similar decisions taken by several countries.
The court dismissed the petition, stressing that foreign policy is solely the domain of the Union government and SC cannot interfere in it. “In order to grant the relief sought by the plaintiffs, the court would have to make findings on the allegations levelled by them against Israel,” the court said.
Advocate General Tushar Mehta said that the reliefs sought by the petitioners are excessive as taking policy decisions regarding foreign affairs and maintaining relations with foreign countries falls within the exclusive domain of the Union Government.
Based on the reasoning underlying the petition, can the court also ask the government to revoke the license to import oil from Russia, which is involved in a conflict with Ukraine?
