Upholding a tribunal’s order of May 2010 confirming the Centre’s decision to ban the LTTE, the Madras High Court on Monday July 01,2013 said the organisation began with a laudable object, but with the passage of time, it took an “ugly path” and indulged in “heinous crimes.”
Voluminous material containing highly sensitive information had been produced before the court by the authorities to show the involvement of the organisation in various crimes in India, including the assassination of the former Prime Minister, Rajiv Gandhi, in which case top leaders of LTTE were the accused, a Division Bench, comprising Justices Elipe Dharma Rao and M.Venugopal, said
The Prisoners Rights Forum, represented by its trustee
and director, P. Pugalenthi, and the General Secretary, MDMK, Vaiko, challenged the Tribunal’s order.
The
petitioners’ main argument was that the LTTE’s object for Tamil Eelam
was restricted to Tamils living in the northern and eastern parts of Sri
Lanka. Since the island nation was not part of the Indian territory,
the object of establishment of ‘Tamil Eelam’ was not intended to take
any land in India. Therefore, declaring the Tigers as an unlawful
association was illegal.Justices Elipe Dharma Rao and Venugopal said admittedly it was the petitioners’ case that they were neither any office-bearer nor members of the banned organisation. Hence, it could not be said that they were ‘aggrieved persons’ to challenge the notification, particularly when the LTTE itself remained silent. The tribunal’s order was on November 12, 2010. The prescribed two years period had already lapsed. Nothing survived in these matters to be contested now. The tribunal had been constituted at Delhi and it being the Bench of the Delhi High Court, the writ petitions were liable to be dismissed.
Note
On May 14, 2010, the Centre notified the LTTE as an “unlawful association” under the Unlawful Activities (Prevention) Act.
The tribunal set up under the Act confirmed the declaration on November 12, 2010
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