SC junks PIL seeking ban on export of arms to Israel

NEW DELHI: Supreme Court Monday dismissed a PIL by former diplomats and bureaucrats and social activists, including Jean Dreze and Harsh Mander and musician T M Krishna who sought a direction to the Centre to cancel all licences for export of arms and ammunition to Israel on the ground that the country has been indicted by International Court of Justice for committing genocide in Gaza.

They said three companies in India dealing with manufacturing and export of arms and munitions have been granted licences for export of arms and munitions to Israel, even during the ongoing war in Gaza. They appeared to target Adani group's joint venture Adani-Elbit Advanced Systems India Ltd and Adani-Israel Ltd by giving details of the arms and munitions exported by them to Israel.

Appearing for petitioners, advocate Prashant Bhushan said that being signatory to Genocide Convention, India is bound to take steps to prevent aiding Israel from continuing with the killings it has unleashed on Palestinians.

Bhushan said the right to life guaranteed under Article 21 of the Constitution extends to non-citizens of India and, hence, SC can direct the central govt to cancel all existing and future licences for supply of arms and ammunition to Israel and cited similar decisions taken by several countries.

Dismissing the plea, the bench stressed foreign policy is exclusively in domain of Union govt and SC cannot meddle with this. "To grant reliefs sought by petitioners, the court would have to enter into findings on allegations levelled by them against Israel," it said.

Solicitor general Tushar Mehta said reliefs sought by the petitioners are outlandish as charting policy decisions relating to foreign affairs and maintaining relationships with foreign countries are in the exclusive domain of Union govt.

SC said can the court also ask, going by reasoning underlying the petiion, the govt to cancel licence for import of oil from Russia which is engaged in a conflict with Ukraine?


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