2 months ago
1
The Madras High Court connected Tuesday (February 24, 2026) dismissed a writ petition filed by Marumalarchi Dravida Munnetra Kazhagam (MDMK) person Vaiko, who had challenged an bid passed by the Unlawful Activities (Prevention) Act tribunal connected November 7, 2012, confirming the Centre’s May 14, 2010 notification declaring the Liberation Tigers of Tamil Eelam (LTTE) arsenic an unlawful body.
A Division Bench of Justices Anita Sumanth and Mummineni Sudheer Kumar rejected the plea aft proceeding the arguments precocious by Mr. Vaiko successful idiosyncratic and Additional Solicitor General (ASG) AR.L. Sundaresan, appearing for the Union Ministry of Home Affairs arsenic good arsenic the UAPA tribunal. Though the petition was filed 13 years ago, it remained pending each on contempt being listed for proceeding thrice successful 2018.
In his affidavit, the writ petitioner had claimed that the Sri Lankan authorities had been carrying retired genocidal attacks connected the Tamils surviving successful the bluish and eastbound parts of the land federation for the past 50 years with the volition of annihilating the full Tamil race, taking possession of their accepted lands and settling the subject arsenic good arsenic Sinhalese radical successful those acquired areas.
“Nearly three-and-a-half lakh Tamils person been massacred. More than 10 lakh radical were forced to permission their autochthonal ungraded and instrumentality structure successful a fig of countries each implicit the world. In Tamil Nadu alone, much than one-and-a-half lakh Sri Lankan Tamils, who are known arsenic Eelam Tamils, person settled arsenic refugees,” the affidavit read, and stated that the Eelam Tamils were warring for their morganatic rights.
Mr. Vaiko said the Centre had declared LTTE arsenic an unlawful relation connected May 24, 1992 and extended the notification from clip to time. All those notifications were periodically confirmed by a tribunal constituted nether Section 5 of the UAPA of 1967. When the 2010 notification was referred to a UAPA tribunal constituted successful 2012, the petitioner approached the tribunal to reason the declaration.
Claiming that helium was not fixed an accidental to contiguous his lawsuit effectively, the petitioner challenged the tribunal’s bid connected the grounds of usurpation of principles of earthy justness and denial of support for him to get impleaded arsenic 1 of the parties. Further, “the activities of pro-LTTE organisations, individuals and sympathisers cannot beryllium a crushed to state the LTTE arsenic an unlawful association”, helium argued.
On the different hand, Mr. Sundaresan argued that Mr. Vaiko was not a idiosyncratic aggrieved by the prohibition connected the LTTE. Since helium was not a subordinate of the LTTE, helium would person nary locus standi to situation the ban, the ASG said, and pointed retired that the banned organisation had not challenged the Centre’s notification. He besides contended that the writ petition ought to person been filed lone earlier the Delhi High Court.
Assisted by Central authorities elder sheet counsel K. Venkataswamy Babu, the ASG said: “This writ petition filed earlier the Madras High Court is not maintainable astatine all. A akin writ petition filed by the aforesaid writ petitioner challenging the 2010 notification was dismissed by this tribunal successful 2013. Hence, the contiguous writ petition is besides not maintainable. The prohibition imposed connected the LTTE is successful the involvement of nationalist security.”
