India’s Supreme Court has rejected a petition aimed at suspending military exports from the country, following appeals from human rights advocates and scholars who sought to reduce India’s involvement in potential Israeli war crimes in Gaza.
In its decision on Monday, the court stated that it lacked the jurisdiction to instruct the Indian government to cease exports to any nation.
The court clarified that such authority lies with the Union Government as per Article 162 of the Indian Constitution. Additionally, the court noted that intervening in this matter would constitute a judicial injunction against breaches of contracts that Indian companies may have established with foreign entities.
The court remarked, “The consequences of such breaches cannot be adequately evaluated by this court and would expose Indian companies with binding commitments to legal actions that could jeopardize their financial stability.”
This ruling followed a plea from former bureaucrats, activists, and senior academics who contended that these sales contravened India’s international legal obligations and violated constitutional rights to life and equality, as well as the state’s responsibility to uphold international treaties.
The 417-page petition submitted to the Supreme Court detailed the involvement of both public and private sector companies in India that have received licenses to manufacture and export arms to Israel, even amid the ongoing conflict in Gaza.
The petitioners urged the Supreme Court to direct the Indian government to revoke these licenses and prevent the issuance of new ones.
It was highlighted that three Indian companies engaged in arms manufacturing and export have been authorized to supply weapons to Israel during its military operations in Gaza.
Since Narendra Modi assumed the role of Prime Minister, India’s ties with Israel have significantly strengthened.
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