The Madras High Court on Wednesday asked the Additional Solicitor General to get instructions from the Union Government regarding maintainability of a writ petition challenging a tribunal's order confirming the ban on LTTE.
A special tribunal headed by a Delhi High Court judge had on November 12 upheld Centre's decision to extend the ban on terrorist outfit LTTE for another two years saying the organisation remains a threat to the security of the country.
Indian soil is being used for unlawful activities propelled by the remnant cadres of the LTTE (Liberation Tigers of Tamil Eelam). There is sufficient material to declare the LTTE as unlawful association under the Prevention of Unlawful Activities Act, it had said.
The petition filed by a Prisoners Rights Forum came up before the First Bench, comprising Chief Justice, M Y Eqbal and Justice T S Sivagnanam.
Counsel for the petitioner said it was unfortunate that the Tribunal had ignored the "objective of the LTTE, creation of Tamil Eelam for Sri Lankan Tamils only, and not annex Tamil Nadu with it."
"Failure of the Tribunal to afford an opportunity to the sympathisers and supporters of the LTTE would be violative of the principles of natural justice. Therefore the impugned judgement of the Tribunal would be void," he contended.
"In the absence of any credible material produced by the respondent – Union of India to the Tribunal, the notification declaring the LTTE as an unlawful association with immediate effect as on May 14, 2010 would be contrary to Section 3 of the Act and consequently confirmation of the declaration made by the Tribunal vide its judgement dated November 12, deserves to be quashed," the petition said.
Additional Solicitor General M Ravindran said the petitioner was not an office bearer nor members of the said organisation. Therefore, he did have locus standi to challenge the tribunal order before the Madras High Court.
The Bench posted matter after three weeks.
The government had on May 14 extended the ban on LTTE by another two years following intelligence reports that remnants of the Sri Lankan Tamil terror outfit were trying to re-group in Tamil Nadu.
The outfit, which was espousing the cause of a separate Tamil Eelam, was defeated by the Sri Lankan military in May last year.