MDMK general secretary Vaiko has filed a writ petition in the Madras High Court challenging a November 12 order of the Unlawful Activities (Prevention) Tribunal confirming a Central government notification declaring the LTTE an unlawful association.
In his petition, Mr. Vaiko submitted that in the notification a reason to declare the LTTE an unlawful association was that the organisation's objective of a separate homeland (Tamil Eelam) for all Tamils threatened the sovereignty and territorial integrity of the country.
He said the Tigers' object of a separate homeland for all Tamils was restricted to Tamils living in northern and eastern parts of Sri Lanka. Tamils were living in almost all countries. The LTTE's aim was not for establishing an independent sovereign State for all Tamils living in the world, but only for the Tamils in the island nation. Sri Lanka was not a part of the Indian territory. Hence, there was no threat to India's sovereignty or territorial integrity by the Tigers.
The law made it clear that to term an association unlawful, the association or any of its members should have committed unlawful activity or any activity punishable under section 153-A (Promoting enmity between different groups) or 153-B (Imputations, assertions, prejudicial to national integration) IPC.
India was a democratic country. Any activity that may even cause disquiet or threat to the security of any State could not be an unlawful activity in the absence of such demonstrations or processions advocating separation from Indian territory.
Therefore, the allegation of exploitation of the situation prevailing in Sri Lanka by individual groups, organisations or political parties supporting the cause of LTTE could not be a ground to declare the LTTE an unlawful association.
