The Supreme Court bench, comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra, has dismissed a Public Interest Litigation (PIL) demanding suspension of military exports from India to Israel amidst the conflict going on in Gaza. The bench held that the matter was beyond its jurisdiction to direct the Government of India to not export materials to any country, as it was a matter that was completely within the domain of foreign policy.

The PIL was filed by Mr. Ashok Kumar Sharma, a retired civil servant (diplomat), Ms. Meena Gupta, a retired civil servant, and others who had urged the Court to order the Indian government to cancel licenses to various companies in India that are exporting weapons to Israel in view of the ongoing Israel-Palestine conflict.

The major contention from Adv Prashant Bhushan appearing on behalf of the Petitioners was that Israel was committing genocide in Gaza, due to which they sought the suspension of military exports from India to Israel. To which Justice Pardiwala accentuated that it was the petitioners' assumption that the arms were being used for genocide.

"It is your assumption that arms are being used for genocide ... It is a delicate issue and courts should not interfere ... What about contractual obligations?" he remarked.

The further argument was put forth that considering India has ratified the Genocide Convention, its provisions should be read as part of municipal law, and therefore, the Court should intervene.

The Court countered that while international law is presumed to be part of national law, applying it in this context would require legislative action, which the Parliament of India has not undertaken.

Further, Justice Pardiwala highlighted the fact that if the courts were to give directions sought by the petitioners, the consequence of the same would be disastrous for Indian entities that have had contractual agreements with Israel. This will make them vulnerable to legal proceedings against them for breach of contract.

Advocate for the Petitioner also cited an example of the United Kingdom, which suspended the exports to Israel after a letter was written by over 600 jurists, to which CJI stated that the UK Government, not the UK Supreme Court, carried out the action.

All in all, the bench dismissed the plea and stressed that foreign policy is exclusively in the domain of the Union government and the Supreme Court can not intervene. 

The court held that "to grant reliefs sought by petitioners, the court would have to enter into findings on allegations levelled by them against Israel."

Petitioners: Ashok Kumar Sharma, Meena Gupta, Deb Mukharji, Achin Vanaik, Jean Dreze, Thodur Madabusi Krishna, Harsh Mander, Nikhil Dey, Vijayan Malloothra Joseph, Feroze Mithiborwala & Prakriti

Advocate for Intervenor: Adv. Abhishek

Case Details: Ashok Kumar Sharma & Ors v. Union of India, WP/551/2024