SC rejects PIL seeking direction to halt export of arms, military equipment to Israel

The Supreme Court on Monday, 9 September dismissed a PIL seeking a direction to the Centre to stop the export of arms and military equipment to Israel, saying the court cannot enter into the domain of the nation’s foreign policy.

A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra said the Indian firms, involved in the export of arms and equipment 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 equipment to Israel.

Gaza conflict 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 7 October, 2023.