Vaiko not aggrieved person to challenge ban on LTTE: MHA

Last Updated: Friday, January 28, 2011 - 00:13

Chennai: The Union Home Ministry on Thursday
told the Madras High Court that MDMK general secretary Vaiko
is not an aggrieved person to challenge a tribunal`s order
confirming a central government`s notification extending ban
on the LTTE.

In its counter to his petition, the Centre said Vaiko
had no locus standi to appear before the tribunal or to seek
intervention. Unless the petitioner proved with supporting
evidence to demonstrate that he was an aggrieved person, his
writ petition was not maintainable, it was contended.
The Centre objected to the petitioner`s claim that the
LTTE`s objective was not for establishing an independent
sovereign state for all Tamils living in the entire world but
only for Tamils in Sri Lanka and therefore there was no threat
to India`s sovereignty.

"Vaiko is neither an office-bearer nor an LTTE member.
He is not the organisation`s spokesman," the Centre said in
its affidavit.

It was submitted in the affidavit that the LTTE`s
objectives spoke of all Tamils irrespective of the
geographical distinction.

An inference was irresistible that when immediate
struggle of the organisation was against the Sri Lankan
government for establishing Tamil Eelam in the north and east
of the island, its ultimate objective was to form a larger
Tamil country, including areas of India where Tamils lived,
the Centre said.

In a separate counter to a petition by `Prisoners`
Rights Forum,` a forum fighting for the rights of Lankan
Tamils, the Centre said the petitioner was not the aggrieved
person within ambit of the Act and the Madras High Court did
not have territorial jurisdiction to entertain the present
Vaiko and Prisoners Rights Forum had challenged the
Unlawful Activities (Prevention) Tribunal, headed by Justice
Vikramjit Sen, which had passed an order last November last
confirming Central government`s notification, banning LTTE.

LTTE was first declared an unlawful association by a
notification on May 24, 1992 and thereafter the ban has been
extended periodically by subsequent notifications. All the
declarations were confirmed by the Tribunal, constituted under
the Unlawful Activities (Prevention) Act, 1967.

When the matter came up before the first bench,
comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam,
the Additional Solicitor-General of India, M Ravindran filed
the counter on behalf of Virendra Kumar, Under Secretary in
the Union Home Ministry.

Vaiko, who is party in person, was present in the
court. The Bench adjourned the case to February 10 for further


First Published: Friday, January 28, 2011 - 00:13

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