ASHOK KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition, invoking Article 32 of the Constitution, has been instituted by former civil servants, scholars, activists and experts in fields such as International Relations, Human Rights and Policy Analysis.

(2.) The petition seeks directions to the Union Government to cancel existing licences/permissions and to halt the grant of new licences to companies in India for the export of arms and military equipment to Israel during the ongoing conflict in Gaza. These companies, as the petitioners describe, include a Public Sector Enterprise in the Ministry of Defence and private companies which have allegedly been granted licenses after October 2023. The petitioners claim a violation of India's international law obligations and of Articles 14, 21 and 51(c) of the Constitution.

(3.) Supporting the submissions of the petitioners, Mr Prashant Bhushan, counsel has relied on the rulings of the International Court of Justice allegedly into the conduct of Israel in Palestinian territories. The submission is that India is bound by international treaties which disallow the supply of military weapons to states who have engaged in war crimes/genocide.