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2024 Supreme(Online)(DEL) 31845
HIGH COURT OF DELHI
Prathiba M. Singh, Amit Sharma, JJ
MR. VISUVANATHAN RUDRAKUMARAN – Appellant
Versus
THE UNION OF INDIA & ANR. – Respondent
W.P.(CRL)-3354/2024
The Tribunal's dismissal of the petitioner's application for impleadment was upheld, affirming that only members or office bearers of the LTTE have standing in proceedings regarding its unlawful association status.
Headnote:(A) Constitution of India - Article 226 - Unlawful Activities (Prevention) Act, 1967 - Sections 3(1), 4(3), 5(1), 9 - Petition challenging the Tribunal's order dismissing the application for impleadment in proceedings regarding the LTTE's unlawful association status - The Tribunal found the petitioner lacked locus standi as he was neither an office bearer nor a member of the LTTE, and the TGTE is a separate entity. (Paras 12, 13, 42, 48)
(B) Judicial Review - The Tribunal's role is to assess the sufficiency of evidence for declaring an organization unlawful, and it must follow principles of natural justice. The court cannot substitute its opinion unless the Tribunal's order is perverse or arbitrary. (Paras 47, 49)
(C) National Security - The court emphasized caution in matters affecting national security, noting that the petitioner’s involvement could have broader implications. (Paras 48, 50)
Facts of the case:
The petitioner, claiming to be the Prime Minister of the TGTE, sought to intervene in proceedings declaring the LTTE an unlawful association. The Tribunal dismissed his application, stating he had no connection to the LTTE and lacked standing.
Findings of Court:
The Tribunal's dismissal of the petitioner's application was upheld, affirming that the petitioner could not participate in the proceedings as he was not a member of the LTTE.
Issues: The main issues were the petitioner's standing to intervene and the Tribunal's adherence to natural justice principles.
Ratio Decidendi: The court ruled that the Tribunal's decision was not arbitrary and that the petitioner’s lack of connection to the LTTE justified the dismissal of his application.
Result: Writ petition dismissed.
JUDGMENT
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. The present petition has been filed on behalf of the Petitioner- Mr. Visuvanathan Rudrakumaran under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagrik Suraksha Sanhita (‘BNSS’) challenging the impugned order dated 11th September, 2024, passed by the Unlawful Activities (Prevention) Tribunal (hereinafter “Tribunal”). The Tribunal was constituted vide Notification No. S.O. 2196 (E) dated 5th June, 2024 under Section 5(1) of the Unlawful Activities (Prevention) Act, 1967 (hereinafter ‘UAPA’) for adjudicating the declaration of the organization – ‘Liberation Tigers of Tamil Eelam’ (hereinafter ‘LTTE’), as an unlawful association under Section 3(1) of the UAPA by the Central Government.
3. Vide the impugned order, the Tribunal has dismissed the application under Section 4(3) of UAPA filed on behalf of the Petitioner seeking impleadment in the proceedings before the Tribunal.
Factual Background:
4. The LTTE is an organization formed with the object of seeking liberation of the Tamil homeland in Sri Lanka. It is also stated that in 2009, an arms struggle took place in Sri Lanka which led to complete dismantling of the LTTE.
5. The LTTE has been declared a ‘terrorist organization’ by the Government of India and was included in the First Schedule of the UAPA in terms of Section 2(m) and Section 35, thereto.
6. In addition, the Government of India in 1992 declared the LTTE as an ‘unlawful association’ under Section 3(1) of the UAPA. The first notification in this regard was issued on 14th May, 1992. The said declaration was renewed every two years vide respective notifications under Section 3(1) of UAPA from 14th May 1992 until 11th November, 2014., Further notifications under Section 3(1) of UAPA declaring LTTE as unlawful association were issued on 17th December, 1994, 3rd January, 1997, 19th January, 1999, 30th January, 2001, 24th December, 2002, 4th January, 2005, 6th January, 2007, 22nd January, 2009, and 11th February, 2012. Thereafter, the said declaration has been renewed for 5 years vide notifications dated 20th November, 2014 and 14th May, 2019 (confirmed by the Tribunal vide order dated 6th November, 2019). Presently, vide notification dated 14th May, 2024, LTTE has been declared an unlawful association for a period of five years.
7. Subsequent to the said notification dated 14th May, 2024, a new Tribunal was constituted by the Central Government vide Notification No. S.O. 2196 (E) dated 5th June, 2024. Vide notice dated 14th June, 2024, the LTTE was called upon to show cause under Section 4(2) of UAPA. Objections and written statement were called for within 30 days of the said notice. The proceedings were scheduled for 23rd July, 2024.
8. In the proceedings, before the Tribunal, the Petitioner - Mr. Visuvanathan Rudrakumaran, claiming to be the Prime Minister of the Transnational Government of Tamil Eelam (hereinafter ‘TGTE’) filed his objections/ written statement dated 12th July, 2024 and also filed an application seeking impleadment on 7th August, 2024, in order to enable him to contest the ban on LTTE before the Tribunal. The said application for impleadment was rejected by the Tribunal on 11th September, 2024 vide the impugned order.
Background of TGTE
9. It is the case of the Petitioner that owing to the war which took place in 2009 in Sri Lanka, almost all the leaders of the LTTE were either killed, captured or exiled. The entire organization was dismantled. The sympathizers of LTTE, at that stage, felt that the cause of the Tamils in Sri Lanka ought to be continued to be agitated through peaceful means which led to the constitution of TGTE. The said TGTE is stated to be consisting of an Advisory Board of various sympathizers of LTTE and its cause. The TGTE claims to have internationally supervised elections and also claims to have held its parliamentary sittings in the British and French Parliaments. The Pe
