ASHOK KUMAR SHARMA & ORS versus UNION OF INDIA

ASHOK KUMAR SHARMA & ORS versus UNION OF INDIA

The writs sought under Article 32 to cancel existing licences and prohibit new licences for export of arms and military equipment to Israel are not amenable to judicial remedy because granting them would require the Court to adjudicate the conduct of a foreign sovereign (beyond its jurisdiction), risk ordering breaches of international contracts with consequent consequences for Indian companies, and intrude into matters of foreign policy and executive competence for which statutory and executive remedies exist.

Parties
Petitioner: Ashok Kumar Sharma & Ors; Respondent: Union of India
Jurisdiction
India
Judgment Date
09 September 2024
Procedural Posture
Writ Petition (civil) Under Article 32 / Final Judgment Writ Petition Dismissed on Merits
Outcome
Writ petition dismissed
Legal Topics
Article 32 of the Constitution, Article 73 and Foreign Affairs, Article 253 and Implementation of Treaties, Export Licences for Arms and Military Equipment, Jurisdiction Over Sovereign States, Judicial Restraint in Foreign Policy, Breach of International Contracts
Constitutional Law International Law Administrative Law Foreign Trade Law Customs Law Article 32 of the Constitution Article 73 and Foreign Affairs Article 253 and Implementation of Treaties +4 more

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Parties

Ashok Kumar Sharma & Ors

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) Under Article 32 / Final Judgment Writ Petition Dismissed on Merits

Legal Issues

  1. 1 Whether the Court under Article 32 can issue a writ directing the Union Government to cancel existing licences and halt issuance of new licences for export of arms and military equipment to Israel
  2. 2 Whether the Court can adjudicate allegations concerning the conduct of a foreign sovereign (Israel) in the context of granting the reliefs sought
  3. 3 Whether granting injunctive relief would implicate breach of international contracts and expose Indian companies to liability

Ratio Decidendi

The writs sought under Article 32 to cancel existing licences and prohibit new licences for export of arms and military equipment to Israel are not amenable to judicial remedy because granting them would require the Court to adjudicate the conduct of a foreign sovereign (beyond its jurisdiction), risk ordering breaches of international contracts with consequent consequences for Indian companies, and intrude into matters of foreign policy and executive competence for which statutory and executive remedies exist.

Court Disposition

Writ petition dismissed

Orders

  • Writ Petition (Civil) No. 551 of 2024 dismissed.
  • Pending applications, if any, including the application for intervention/impleadment, disposed of.