NEW DELHI: The Liberation Tigers of Tamil Eelam (LTTE) has challenged India’s May 14 ban on it on three grounds: it is not an association within the territorial jurisdiction of India; it is not an association within the meaning of the Unlawful Activities (Prevention) Act 1967 under which has been banned; and, the definition of unlawful activity in the Act is ultra vires the Indian Constitution,
The LTTE therefore contends through its International Secretariat that India has no power in law to bail it under Section 3 of the Act.
These submissions are part of the LTTE’s response to a notice by the Unlawful Activities (Prevention) Tribunal on New Delhi to confirm the May 14 ban. The notice is returnable by August 10 and the ban has to be confirmed within three months of the May 14 notification, that is, by August 14.
The LTTE , he says, is a combatant in an armed conflict in support of self-determination in Sri Lanka. Its combatant status had been recognized internationally. Moreover the Indian Government too had conferred such recognition on the LTTE especially at the Kimpha talks in
1985 and subsequently in the Indo-Sri Lankan accord of 1987.
Dhilakar added that the definition of “un willful activity” in the Act clearly states the fundamental right of freedom of expression secured by the International Convene of Civil and
Political Rights, by international law, and by the Indian Constitution as well.
The definition “Army action taken by such incridul or association (whether by committing an act or by words either spoke or written, or by signs or by visible representation or otherwise) which is intended inter alia, to bring about, on any ground whatsoever, the cession of a part of the territory of India,”
Without prejudice to the submissions, specifically the one on the question of jurisdiction, the LTTE says that its objective is to secure the self-determination of the people of Tamil cannot be regarded in law as an unlawful activity.
Article extracted from this publication >> Aug 21, 1992
