New Delhi, Sep 9 The Supreme Court on Monday dismissed a public interest litigation (PIL) seeking direction to the Union government to cancel existing licences and halt the grant of new permissions to various companies in India, for exports of arms and other military equipment to Israel, amid the ongoing conflict with Gaza.
A bench, headed by CJI D.Y. Chandrachud, said that the authority and jurisdiction to conduct defence and foreign affairs vests with the Union government as per the Constitution.
Apart from Article 162, the provisions of Article 253 of the Constitution stipulate that Parliament has the power to make any law in respect of whole or part of the Union of India for implementing any international agreement, convention or treaty, added the bench, also comprising Justices J.B. Pardiwala and Manoj Misra.
"We cannot tell the government that you shall not export to country ‘X’ or you will cancel the license of all companies exporting military equipment to a particular company. It is a matter of national policy," the apex court observed.
Further, the SC held that the grant of injunctive relief sought in the petition would necessarily implicate a judicial direction for breach of international contracts and agreements. It clarified that its observations are not intended to reflect any opinion on the conduct of foreign policy by the Union government or by any sovereign nation.
The PIL referred to a recent decision of the International Court of Justice (ICJ) ordering provisional measures against Israel for violations in the Gaza Strip of obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.
"India is bound by various international laws and treaties that obligate India not to supply military weapons to states guilty of war crimes, as any export could be used in serious violations of international humanitarian law," the plea said.
It added that India should immediately suspend its aid to Israel and must immediately make every effort to ensure that weapons already delivered to Israel are not used to commit genocide, contribute to acts of genocide or are used in such a way as to violate international humanitarian law.
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