Chennai: The Madras High Court on Tuesday dismissed a writ petition filed by MDMK leader Vaiko challenging the confirmation of the ban on the Liberation Tigers of Tamil Eelam (LTTE) under the Unlawful Activities (Prevention) Act (UAPA). A Division Bench of Justices Anita Sumanth and M Sudheer Kumar rejected the plea after hearing arguments advanced by Vaiko in person and Additional Solicitor General AR.L. Sundaresan, appearing for the Union Ministry of Home Affairs and the UAPA tribunal. Though the petition had been filed 13 years ago, it remained pending.The Centre had declared the LTTE an unlawful association on May 24, 1992, in the wake of the assassination of former Prime Minister Rajiv Gandhi, and extended the ban periodically. The May 14, 2010 notification continuing the ban was confirmed by a UAPA tribunal on November 7, 2012. Vaiko had approached the tribunal opposing the declaration.In his affidavit, the MDMK leader alleged the Sri Lankan government had carried out “brutal genocide attacks” against Tamils in the Northern and Eastern regions for decades. He claimed lakhs of Tamils had been killed or displaced and pointed to the presence of over 1.5 lakh Sri Lankan Tamil refugees in Tamil Nadu.
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Vaiko contended he was denied an effective opportunity to present his case before the tribunal and alleged violation of principles of natural justice. He also argued that the activities of pro-LTTE sympathisers could not justify declaring the organisation unlawful.Opposing the plea, Sundaresan argued Mr. Vaiko lacked locus standi as he was not a member of the banned organisation, which itself had not challenged the notification. He further contended that the petition was not maintainable before the Madras High Court and the ban was in the interest of national security.