Amid Gaza conflict, Supreme Court on Monday rejected a petition seeking an immediate suspension of military aid to Israel.
While rejecting the petition, court observed, that such decisions are beyond its jurisdiction and should be made by the government, considering economic and geopolitical factors.
The bench, led by Chief Justice of India (CJI) Dhananjaya Y. Chandrachud, also stated that the matter was not maintainable in court as Israel, being a sovereign nation, falls outside the jurisdiction of Indian courts.
Companies Governed By International contracts
Moreover, The court also explained that arms supplies by Indian companies to Israel are governed by international contracts, which cannot be altered by judicial decisions.
But advocate Prashant Bhushan argued that India, having ratified the Genocide Convention, is bound by international law prohibiting arms supplies to nations committing genocide and war crimes.
He also claimed, that Israel’s actions, including bombing schools and hospitals, violated this convention.
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However, the bench, which included Justices JB Pardiwala and Manoj Misra, responded, “You are assuming it may be used for genocide. You have raised a delicate issue, but courts should not interfere in this matter. The government can evaluate the impact on Indian companies, as it is aware of the situation and acts as a responsible power.”
Later, emphasizing their point, they drew a parallel with the ongoing conflict between Russia and Ukraine, questioning whether the Supreme Court could mandate a halt to oil imports from Russia. It also noted. that such decisions are part of foreign policy and depend on national needs.
Meanwhile in January 2024, the International Court of Justice (ICJ) had ordered provisional measures against Israel for violations under the Convention on the Prevention and Punishment of the Crime of Genocide in Gaza.
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These measures included a call for an immediate halt to all killings and destruction against the Palestinian people
