33004/99
REGD. NO. D. L -33004/99
भारत का राजपत्र The Gazette of India"
असाधारण
EXTRAORDINARY
PART II-Section 3-Sub-section (ii)
प्राथिकार से प्रकाशित PUBLISHED BY AUTHORITY.
सं. 1713 ]
No. 1713]
10 दादर 2008 अहमण 17, 1950W L NEW DELHI, MONDAY, DECEMBER 8, 2008/AGRAHAYANA 17, 1930
of
अभिसूचना
नई दिल्ली, 4 दिसम्बर , 2008
का.आ. 2848(अ), केन्द्रीय सरकार ने विधिविरुद्ध क्रियाकलाप ( निवारण ) अधिनियम , 1967 ( 1967 का 37 ) की धारा 3 की उप- धारा ( 1 ) द्वाद प्रदत्तं शक्तियों का प्रयोग करते हुए, भारत सरकार के गृह मंत्रालय की अधिसूचना संख्यांक का.आ. 1133 ( अ ) , तारीख 14 मई , 2008 द्वारा लिबरेशन टाइगर्स ऑफ तमिल ईलम (जिसे इसमें इसके पश्चात् लिट्टे कहा गया है ) को विधिविरुद्ध संगम के रूप में घोषित किया था;
और, केन्द्रीय सरकार ने , उक्त अधिनियम की धारा 5 की उप - धारा ( 1 ) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए भारत सरकार के गृह मंत्रालय की अधिसूचना संख्यांक का.आ. 1389 ( अ), तारीख 6 जून , 2008 द्वा विधिविरुद्ध क्रियाकलाप (निवारुण ) प्राधिकरण (जिसे इसमें इसके, परत्वाद, कला, अधिकरण कड़ा गया है जिसमें दिल्ली उच्च न्यायालय के माननीय न्यायाधीश न्यायमूर्ति विक्रमजीत सेन थे , का गठन किया;
और, केन्द्रीय सरकार के उक्त अधिनियम की धारा 4 की उप- धारा ( 1 ) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए , इस न्यायनिर्णयन के प्रयोजन के लिए कि क्या लिट्टे को विधिविरुद्ध घोषित किए जाने का पर्याप्त कारण था या नहीं, 23 जून , 2008 को उक्त अधिकरण को उक्त अधिसूचना निर्दिष्ट की थी;
और , उक्त अधिकरण ने, उक्त अधिनियम की धारा 4 की उप -धारा (3 ) द्वारा प्रदत्त शक्तियों का प्रयोग. करते हुए, अधिसूचना संख्यांक का. आ. 1133 (अ), तारीख 14 मई, 2008 में की गई घोषणा की पुष्टि करते हुए 10 जवान 2008 को एक आदेश (जिसे इसको पत्रात उक्त आदेश कहा गया है ) पारित किया था।
अतः अब, केन्द्रीय सरकार छक्त अर्षिनियम की धापा 4 की उपधारा (4 ) के अनुसरण में उक्त अधिकरण के उक्त आदेश को प्रकाशित करती है, अत o piluan odt ru do'n nommyland
(निर्णय अंग्रेजी में छपा है )
[फा. सं. आई -11034/1/2008 - आईएस -1 ]
डी. दीप्तिविलास , संयुक्त सचिव 4807 GI/2008
(1) THE GAZETTE OF INDIA : EXTRAORDINARY
[PART 11 Sec.300
MINISTRY OF HOME AFFAIRS
NOTIFICATION
NewDelhi, the 4th December , 2008
so. Whereas , the Central Government, in exercise of the powers conferred by sub -section ( 1 ) of section 3 of the Unlawful Activities (Prevention) Act, 1967 ( 37 of 1967 ) ( hereinafter referred to as the said Act) declared vide notification of the Government of India in the Ministry ofHome Affairs number S.O. 1133 ( E ) , dated the 14th May , 2008 the Liberation Tigers of Tamil Eelam (hereinafter referred to as LTTE) to be an unlawful association;
AND WHEREAS, the Central Government , in exercise of the powers conferred by sub- section ( 1 ) of section 5 of the said Act , constituted vide notification of the Government of India in the Ministry of Home Affairs number S.O. 1389(E ) , dated the 6th June , 2008 the Unlawful Activities ( Prevention ) Tribunal ( hereinafter referred to as the said Tribunal ) consisting of Mr. Justice Vikramajit Sen , Judge of the Delhi High Court ;
AND WHEREAS , the Central Government, in exercise of the powers conferred by sub-section ( 1 ) of section 4 of the said Act, referred the said notification to the said Tribunal on 23rd June, 2008 for the purpose of adjudicating whether or not there was sufficient cause for declaring the LTTE as unlawful ;
AND WHEREAS, the said Tribunal , in exercise of the powers conferred by sub - section (3 ) of section 4 of the said Act, made an order hereinafter referred to as the said order ) on the 10th November, 2008 , confirming the declaration made in the notification number S.O. 1133 (E ) , dated the 14th May , 2008;
Now, therefore, in pursuance of sub-opetion (4) of section 4 of the said Act, the Central Government hereby publishes the said Order of the said Tribunal , namely:-
BEFORE THE UNLAWFUL ACTIVITIES ( PREVENTION) TRIBUNAL CONSTITUTED VIDE NOTIFICATION NO113 ( E ) do DATED 14TH MAY, 2008
Dated the 10th November, 2008
To as
IN RE:
LIBERATION TIGERS OF TAMIL EELAM ( LTTE)
CORAM:
HON'BLE MR JUSTICE VIKRAMAJIT SEN
PRESENT:
Union of India through : Mr.P.P.Malhotra, Addl. Solicitor General with Mr. Dalip Mehra, Central Government Viet Standing Counsel, fis
Estela
Mr. Shailendra Sharma and Mr. RajivRanjan Mishra, Advocates d along with Mr. PK.Mishra, Directorescindere and Mr. Virender Kumar, Under Secretary, ( Internal Security infredi k๕ ) Division ) , Ministry of Home Affairs , New Dethi .
State of Tamil Nadu: Mr. S.Dhananjayan , Standing Counsel with Mr. MAshok Kumar, am fuo
througli :
Superintendent of Police 'Q' Branch, CID Headquarter, Chennai . Mr. Anil Kumar Koushal , Registrar of the Tribunat [PART 1 SEC, 3(ii )]
THE GAZETTE OF INDIA: EXTRAORDINARY
JUDGMENT
1. In exercise of powers conferred by sub - section ( 1 ) of section 3 of the Unlawful Activities ( Prevention ) Act , 1967 ( hereinafter referred to as the 'Act ' ) , the Central Government has issued notification No.1133 ( E ) , dated the 14th May, 2008 , declaring the Liberation Tigers of Tamil Eelam (hereinafter referred to as the ' LTTE' for short) as an Unlawful Association . The notification is reproduced below:
" S.O. 1133 (E) .- WHEREAS , the Liberation Tigers of Tamil Eelam (hereinafter referred to as the LTTE ) , is an association based in Sri Lanka but having sympathizers , supporters and agents on the Indian soil;
AND WHEREAS , the LTTE's objective for a separate homeland (Tamil Eelam) for all tamils threatens the sovereignty and territorial integrity of India , and amounts to cession and secession of a part of the territory of India from the Union and thus falls within the ambit of an unlawful activity;
AND WHEREAS, the turbulence in Sri Lanka is being exploited by pro- LTTE forces to draw up support for the LTTE and its cause by taking out processions , demonstrations , etc. , in spite of the ban, causing disquiet and threat to the security of the State of Tamil Nadu;
AND WHEREAS , most of the criminal cases involving the LTTE and pro - LTTE groups like Tamil National Retrieval Troops (TNRT ) , Tamil Nadu Liberation Army (TNLA) and Tamiliar Pasarai , have ended in conviction but the Tamil Eelam concept still remains as a goal among the pro - LTTE groups in Tamil Nadu . The forces are still at work to further its cause, shereby contributing to the vulnerable milieu Din which the LTTE's free functioning, in India as an association, if allowed , would be highly detrimental to the sovereignty and territorial integrity of India;
AND WHEREAS , the LTTE continues to be an extremely potent , most lethal and well organized terrorist force in Sri Lanka and has strong connections in Tamil Nadu and certain other pockets of southern India. The LTTE continues to use the State of Tamil Nadu as the base for carrying out smuggling of essential items like pétrol and diesel, besides drugs to Sri Lanka ;
crews sibal to hagen, kancilat bas vingis.ovo . odt ut mitomo AND WHEREAS , the LTHE will continue to remain a strong terrorist movement and stimulate the secessionist sentiments to enhance the support base of the LTTE in Tamil Nadu as long as Sri Lanka continues to remain in a state of ethnic strife torn by the demand for Tamil Eelam which finds a strong echo in Tamil Nadu duc to the linguistic, cultural ,cultural , etethnic and historical affinity between the Sri Lankan Tamils and the Indian Tamils in Sri Lanka;
AND WHEREAS, forthe reasons aforesaid, the Central Government is of the opinion that the LTTE is an unlawful associationassociation and there is a continuing strong need to control all such separatist activities by all possible means;
AND WHEREAS , the Central Government has the information that-
(i) T the activities of the LTTE cadres/dropouts , sympathizers who have been traced out recently in the State of Tamil Nadu suggest that the cadres sent to Tamil Nadu would ultimately be utilized by the LTTE for unlawful activities ;
11n ore gnome PARTSBC 3 THE GAZETTE OF INDIA : EXTRAORDINARY
(ii) the activities of pro- LTTE organizations and individuals have come to notices in India, despite the ban in force and attempts have been made by these forces to extend their support to the LTTE;
(iii ) the LTTE leaders have been cynical of India's policy on their
organization and action of the State machinery in curbing their activities;
AND WHEREAS , the Central Government is of the opinion that the aforesaid activities of the LTTE continue to pose a threat to, and are detrimental to the sovereignty and territorial integrity of India as also public order and , therefore , should be declared as an unlawful association;
AND WHEREAS , the Central Government is further of the opinion that because of ( i ) continued violent and disruptive activities prejudicial to the integrity and sovereignty of India; and ( ii) it continues to adopt a strong anti - India posture and also continues to pose a grave threat to the security of Indian nationals , it is necessary to declare the LTTE as " an Unlawful association " with immediate effect;
NOW, THEREFORE , in exercise of the powers conferred by sub- section ( 1 ) and proviso to sub section (3 ) of Section 3 of the Unlawful Activities ( Prevention ) Act , 1967 (37 of 1967 ) , the Central Government hereby declares the Liberation Tigers of Tamil Eelam (the LTTE) as an unlawful association and directs that this notification shall , subject to any order that may be made under Section 4 of the said Act , have effect on and from the date of its publication in the Official Gazette " 2. The Notification directs that subje that , subject to any order that may be made under section 4 of the Act , it shall have effect on and from the date of its publication in the Official Gazette. "Under azette . Under section 4 of the Act, the Tribunal has vels od podon onlar borib such an Association as unlawful . The notification been empowered to declare such an No.1133 (E), 'dated the 14th May , 2008 was followed by notification No.1389(E), dated the 6th June, 2008, issued under section 5 ( 1 ) of the Act making reference to the Tribunal toto adjudicate whether or not there is sufficient cause for declaring the LTTE as an unlawful Association .As required by rule 5 of the rules'framed under the Act, the Central Government along with the reference letter dated the 23rd June , 2008 forwarded the resume regarding the aims , objectives and activities of the LITE as also "The Constitution of People's Front of Liberation Tigers " , the front organisation of the LTTE . The documents attached to the reference also included the cases registered and/or arrests made including Tamil chauvinist groups in Tamil Nadu since May, 2006.
3. On receipt of the reference, a preliminary hearing was held on 4th July. 2008 in New Delhi on which dateda notice was issued to the LTTE under sub- section (2 ) of section 4 of the Act, to show cause within thirty days from the date of service of such notice , as to why it be not declared unlawful . The next date of hearing was fixed as 25th August, 2008. Since there was no particular address of the LTTE in India , it was directed that Notices be served upon LTTE in the same manner as the notification banning it had been served. It was further directed that copies of the notice be served at its Principal Office or by 8
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II SEC. 3(ii)] affixing a copy of the notice at some conspicuous part of the office of the Association , if any , in India and Sri Lanka . As the International Secretariat of the LTTE was stated to be located at Eelam House , 202 , Long Lane , London SE14QB , it was directed that the notice be also issued to the LTTE at the aforesaid address . It was also directed that contents of the notice be made known by proclamation by beat of drum or by means of loudspeakers in the area in which the activities of the Association are ordinarily carried on . In addition, it was directed that the notice be served by publication in two National Newspapers ( one in English and one in Hindi ) and in one vernacular newspaper of the respective States in which the activities of the LTTE are ordinarily carried on , Notice was also directed to be published in two leading newspapers in Sri Lanka either in 'Island' , ' Virakesari ' , 'Daily News' or in 'Thinakaran Sunday Observer' and in the leading newspaper Times ' in the United Kingdom . Besides the aforesaid modes , Notice was also directed to be served upon the LTTE by way of broadcasting on All India Radio and telecast onDoordarshan .
4. The Central Government was directed to take necessary steps for serving the notice in the aforesaid manner and also to file a Service Report with the Registrar of the Tribunal within two weeks thereafter , duly supported by the affidavits of the concerned officials who effected the service along with supporting documents .
5. Affidavit of Sh . Virender Kumar, Under Secretary , Ministry of Home Affairs , dated the 23rd August , 2008 regarding service of the Show Cause fiotice on LIFE was filed, inter alia, affinning that pursuant to the directions by this Tribunal , the Ministry of Home Affairs requested the Ministry of External Affairs , the Government of Tamil Nadu and the Directorate of Advertising and Visual Publicity , New Delhi , to get the requisite carried out in accordance with the directions contained in order dated the guly, 2008 Since the Service Report was not.complete as on 25th August, 2008, on the request of learned ASG, the matter was adjourned to 1 " September , 2008. On 1st September, 2008 two additional affidavits of service of even date were fled However , sinee the Service Report from sotme quarters was awaited , the matter was further adjourned to 1'5th September, 2008, on which date , or the request f learned ASG, the matter was agairt adjourned to 19th September , 2008 for hearing at Delhi.wi Halder d
6. In the order dated 19th September, 2008 , publication of notice in 'Hindi ' was dispensed with . It was also observed that in compliance with the orders dated 4th July, 2008 of the Tribunal , notices were sent to the Liberation Tigers of Tamil Eelam ( LTTE ) . It was noted that the Ministry of External Affairs , had given its report dated 18.8.2008 whereby it was stated that the High Commission in London and Sri Lanka were advised to take action to serve the notice on LTTE at its respective addresses in London and Sri Lanka . The Report received vide letter dated 26th August , 2008 from the High Cofrimission of India in London was that the notices had been received back from the Royal Mail with no comments ! The Tribunal was satisfied with the notices published in the UK newspaper , namely 'The Times " dated 06.8.2008 , as per copy of 480761/08-2 THE GAZETTE OF INDIA : EXTRAORDINARY
[PART 11-SEC, 34 ) newspaper clipping enclosed with the affidavit. Notices had also been published in the Sri Lankan newspapers " Virakesari " (Tamil ) and " Daily News " (English ), dated 20.8.2008 and 21.8.2008 respectively, per copies of the newspaper clippings attached with the Affidavit. It was noted that as per the affidavit , notices, had been exhibited on notices boards of all Collectorates , Taluk Offices, Revenue Divisional Offices , Police Headquarters , District Police Offices and Police Stations and in some public places in Tamil Nadu by the State Government of Tamil Nadu. Notices had also been published in Tamil Nadu in 'The Hindu ' and ' The New Indian Express " (English Edition ) dated 18.7.2008, and 23.7.2008 and Tamil Daily "Daily Thanthi " on 18.7.2008. percopies of press clippings attached therewith . It was also asseverated in the affidavit that notices had also been published in Delhi in 'The Hindu' and 'The Indian Express' ( English Edition ) , dated 24.7.2008 . The affidavit further stated that in compliance with the orders of the Tribunal , Notices had also been served on the LTTE by broadcast on All India Radio and telecast on Doordarshan at different Kendras /Stations in different languages including English , Hindi and Tamil , on different dates . ال
7 The supporting documents received from the Ministry of External Affairs, Government of Tamil Nadu and the Directorate of Advertising and Visual Publicity were enclosed with the said affidavits . Also enclosed were the publications wherein the Notices were published. In view of the facts mentioned above, the Tribunal is satisfied that proper and adequate notices and publicity ofits heatinge hase boch given tothe LTTE to enabletired appear and represent its cause to the Tribunal
8. The Union of India and the State of Tamil Nadu were directed to lead their evidence in the form of affidavits with supporting material .
9 Despite the service on the THE in the aforesaid manner, not one appeared on its behalf, non was any representation mooived from it in the hearing held on 37% October , 2008 as Madurai in Tamil Nadu,Aha LTTE was accordingly proceeded ex parte , Union of India as well as the State of Tamil Nadu swore represented in the said hearing . The LTTE, it is evident from the above, has failed to show any cause in its favour. Nevertheless , the Central Goventiment is required to justify its decision . Lasten dior a los
10. On behalf of the State of Tamil Nadu , Mr. M.Ashok Kumar, Superintendent of Police , ' Q ' Branch CID, Chennai , Tamil Nadu has filed his affidavit dated 15th September , 2008 and additional affidavit died the 30% October, 2008. On behalf of the Central Government, an affidavit100 Mr. Bok. Mishra, Director, Internal Security, Ministry of Honte Affairs has been filed
dan 150 hi bomot migra highlighted the background in which the notifications were passed declaring 11. In the affidavits filed by the aforesaid two deponents , both have the LTTE as an Unlawful Association under the Act. It is stated that the first notification was issued by the Government of India on 14th May, 1992, for a period of two years from the said date . Thereafter successive notifications have been passed every two years . Each of the previous Tribunals constituted 12
[PART 11650. 3(ii)] THE GAZETTE OF INDIA : EXTRAORDINARY
thereupon have answered the reference by holding that there was sufficient cause for declaring the LTTE to be an Unlawful Association within the meaning of said Act . Consequently from 14th May, 1992 onwards , the LTTE has uninterruptedly been declared as an Unlawful Association under the Act . The last notification dated 14th May , 2006 expired on 13th May , 2008 and on the following day extant notification dated 14th May, 2008 has been issued . On the basis of the aforesaid factual backdrop it is stated that LTTE is continuing with the unlawful activities which forced the Central Government to issue successive notifications . It has also been deposed that since LTTE has protracted its violent and disruptive activities , prejudicial to the integrity and sovereignty of India, notification dated 14th May, 2008 has been issued declaring it to be an Unlawful Association . This has been done after forming the opinion that these activities of the LTTE continue to be a threat and a detriment to the sovereignty of India as well as a danger to public order .
12. Mr. M. Ashok Kumar , in order to demonstrate that there was enough material before the Central Government to form the aforesaid opinion and to record satisfaction that LTTE is to be declared as an Unlawful Association , has deposed that the organization , Liberation Tigers of Tamil Eelam ( LITE ) , was originally formed in 1974 under the name of Liberation Tigers ' in Sri Lanka . The present name i.e. , Liberation Tigers of Tamil Eelam ( LTTE ) was adopted in 1976 , with Velupillai Prabhakaran as its military commander . It has declared its ultimate objective as the " Total Liberation of its homeland and the establishment of an independent , sovereign socialist State of Tamil Nadu " . It 13 has further been deposed that the LTE ,a foreign based terrorist organization, continues its unlawful activities by using its own cadres as well as locat smugglers and pro- LTTE operatives for procuring Explosives, Detonators , Chemicals , Iron Balls , Aluminium and Lead bars ,Computer spare parts, GPS, Walkie Talkie Sets , PlastienGranules, Boats , Batteries Delladetcand clandestihely transporting them through boats across the sea from the shores of Tamil Nadu. The LTTE has sympathizers , supporters and agents on the Indian soil. Its objective for a separate homeland (Tamil Eelanijofor alle Tamils threatens the sovereignty and territorial integrity of India and amounts to cession and secession of a part of the territory of India from the Union and thus falls within the ambit of an unlawful activity. The turbulence in Sri Lanka is being 'exploited by pro - LTTE forees to draw up support for the TTE and its cause by taking but processions, demonstrations , etc. in spite of the ban .
causing disquiet and threat to the security of the State of Tamil Nadu. Mostof the criminal cases involving LTTE and pro - LTTE groups like Tamil National Retrieval Troops (TNRT), Tamil Nadu Liberation Army (TNLA) and Tamilar Pasarai , have ended in conviction but the Tamil Eelam concept still remains as a goal among the pro - LTTE groups in Tamil Nadu . The forces are still at work to further its cause thereby contributing to the vulnerable milieu in which the LTTE's free functioning in India as an association , if allowed , would be highly detrimental to the sovereignty and territorial integrity of India . He has deposed that the LTTE continues to be an extremely potent , most lethal and well- organised terrorist force in Sri Lanka and has strong connections in Tamil nogaredad the word a'skunst och to do sth to 2005's shino 14
THE GAZETTE OF INDIA : EXTRAORDINARY
[ PART SEC. 3 (B) ] Nadu and certain pockets of southern India. The LTTE continues to use the State of Tamil Nadu as the base for carrying out smuggling of essential items like petrol and diesel , besides drugs to Sri Lanka . The LTTE continues to remain a strong terrorist movement and stimulate the secessionist sentiment to enhance the support base of the LTTĘ in Tamil Nadu as long as Sri Lanka continues to remain in a state of ethnic strife torn by the demand for Tamil Eelam which finds a strong echo in Tamil Nadu due to the linguistic, cultural . ethnic and historical affinity between the Sri Lankan Tamils and the Indian Tamils in Sri Lanka. The activities of the LTTE cadres , drop-outs . sympathisers who have been traced out recently in the State of Tamil Nadu suggest that the cadres sent to Tamil Nadu would ultimately be utilized by the LTTE for unlawful activities . He has further stated that the activities of pro- LTTE organizations and individuals have come to notices in India, despite the ban in force and attempts have been made by these forces to extend their support to the LTTE. The LTTE leaders have been critical and cynical of India's policy on their organization and action of the State machinery in curbing their activities.
13. Mr. M. Ashok Kumar has also categorically stated that the main objectives of the People's Front of Liberation Tigers ( PFLT) , the political front of LTTE are: (a) to fight for the right of self-determination of the Tamils and Muslims; (b) to protect and preserve the geographical identity and integrity of the traditional homelands of the Tamils and Muslims . He has annexed with the affidavit a copy of the Constitution of the People's Front of Liberation Tigers as Annexure X- 10. It is significant and these objectives speak of all Tamils irrespective of geographical distinction and an inference is tresistible that while the immediate struggle OF LITE is against the Government of Sri Lanka , its Nigel objective given the geographical contiguity and ethnic smmity, would include the Tamil areas of India also and thus pose a 'reat and seridus threat to the sovereignty and territorial integrity of India. According to Kin there is no indication to show thất PPLP has revoked its continuation or in any mannel retrieved from its avowed objectives of creating an independent and separate Tamil Eclam consisting of parts ofmidia.
14. Mr. M. Ashok Kumar has further stated that the LTTE has created the Tamil National Retrieval Troops ( TNRT) , Tamil Nadu Liberation Army (TNLA) and Tamiliar Passarai , Secessionist Organizations in Tamil Nadu in furtherance of its objective of seeking secession of Tamil Nadu and questioning India's sovereignty and Territorial integrity. TNRT and TNLA have been declared as terrorist organizations under the Criminal Law Amendment Act. Another underground organisation and a front organisation of TNLA, viz. , Tamil Nadu Liberation Front has exhibited, in the internet , a map of Greater Tamil Nadu encompassing' Belam ( Sri Lanka) , Tamil Nadu , Kerala, Lakshadweep and Maldives during the kidnap of Dr. Raj Kumar , matince idol of Karnataka by the forest brigand Veerappan with the assistance of TNRT and PNIA (reference Annexures 8.1 , 8.2,8.5 and B.6 to the affidavegum shot his ant, bolsubag, Redongsa
Mini Bánatubo bnuót sev zavizótars to do 25 animiss 16
THE GAZETTE OF INDIA : EXTRAORDINARY
[PARE SEC. 3(ii) 15. Mr. M. Ashok Kumar further deposed that the information and reports received by the State Government from time to time show the continuing activities relating to procurement , and smuggling of raw material for manufacture of explosives such as detonators , iron balls /pellets , aluminium ingots , potassium chlorate , sulphuric acid , resin etc. , boats including speed boats , spare parts of boats including engines etc. , Petrol , Oil and Lubricants ( POL) , clothes , medicines , Global Positioning Systems (GPS ) , communication equipments , batteries , etc. , attempt to target leaders belonging to rival Sri Lankan Tamil Groups by LTTE in league with activists of pro- LTTE groups and their sympathizers . He has given particulars of the series of cases registered against LTTE cadres , pro-LTTE elements and Tamil chauvinist groups under the Act , since the last ban was imposed vide notification dated the 14th May , 2006. These cases registered by the Tamil Nadu police have invoked the provisions of Unlawful Activities (Prevention ) Act , 1967 , Indian Penal Code , Explosive Substances Act etc. Illustrative examples of some of these cases are given below:
( i ) A white TATA Sumo bearing Registration . No.TN 60 Y 3040 , met with an accident , near Othakadai , Kalpirivu diversion , on NH 49 Madurai - Rameswaram Road in Manamadurai PS limits in Sivagangai District on 29.11.2006 , injuring the driver of the vehicle Vijayakumar s /o Veerasekar @ Sekar . When a search was conducted in the said vehicle , 30 small bags containing 25 kgs each of explosives were found concealed in
デ 34
the explosive packings , it was mentioned as GELEX Booster,
Gowthami Explosives Pvt Ltd, Hyderabad. In this connection , a
the Feniete, which were to be siffuggled to Si Lanka. m some of case was registered itt Manamadurai PS.Cr.No.68706 u /s 279, 337 IPC and 5 of Explosive Subataireer Act, 1908. Six persons Including 1 ) Dhinakaran , 2) Vinothkumar, 3 ) Vijayakumar and 4 ) Mytheen were arrested. (Annexure E.2 to the amdavity
(ii ) On 23.01.2007 , an LTTE module engaged in procuring and dispatching war materials to Sri Lanka was busted. The materials seized included , iron pellets in tonnes , cell phones , two vehicles and one boat . An FIR, Crime No.1/2007, dated 23.01.2007 Kas been registered at 'Q' Branch, Cheinsi bity,
police station. (Annexure E.3 to the affidavit); nè f, loss
7:
vebilt
(iii ) The Indian Navy , on 12.2.2007 , Intercepted a country boat at South seashore Muguntharayarchathiram with two boat drivers and seized aluminium ingots , Lead bars , metal rings , از YoonAbersteigen nend ea cups and clips and metal pins all weighing about 2.8 tonne meant for LTTE in more than 100 gunny bags . An FIR, Crime No.18 /07 / dated 13.02.2007 , has been registered at Danuskodi polfed station , District Ramnathpuram (Annexure End to the
4807 G1/08-3 THEGAZETTE OF INDIA : EXTRAORDINARY
[ PART II Sec.3(ii) (iv) Indian Coast Guard on 13.2.2007 intercepted an LTTE vessel in Palk Strait. 1 AK-56 rifle with 124 rounds , 5 Eds , cyanide capsules, a suicide belt containing 7 kgs of RDX , a GPS and Thuraya Satellite Phone were seized. The boat was on a suicide mission to target the Sri Lankan Navy /harbour and was awaiting orders . It was laden with about 500 kgs of explosives which was destroyed in the mid - sea while trying to defuse it . 5 persons including 4 Sri Lankan Tamils and one Indian were arrested . An FIR No.01 /2007 dated 14.02.2007 at B6, Port Marine, police station has been registered . ( Annexure E.5 to the affidavit) .
(v) The Indian Navy , on 14.2.2007 , intercepted a country boat at a distance of 5 Nautical miles South of Dhanushkodi and secured 3 Sri Lankan Tamils and seized aluminium metal bars , circle shaped iron pellets weighing about 2.7 tonnes meant for LTTE in more than 126 gunny bags . An FIR, Crime No.19/2007 dated 15.02.2007 , Dhanushkodi Police station, Ramnathpuram has been registered . ( Annexure E.6 to the affidavit) .
(vi ) One Jayaraj Rathinam s/o Rathinam, Reddiyarpatti , Aruppukottai , an activist of Dalit Panthers of India ( DPI ) was arrested in Chennai on 10.10.2007 for procuring boats spares such as propeller , steering wheel , etc. , from Oslo , Norway , with on of smuggling It WLITE Srf Lars. While this mtention consithricht was it the harbour , the Directorate of Revenue Inulligence informell Tamir Nail police unit cordingly the secused was arrested by Tamil Nadu police. No Crilme No.4/2007 dated 10.10.2007, 'Q' Branch CID, Chennai b been registered. (Annexure E.12 to the affidavit).
(vii ) An LTTE procurement module headed by James @Raja and Jaykumar @ Gowri Shankar , Sri Lankan Tamils was eventually busted on 8th December, 2007, as they were smuggling computer spare parts , swimming suits and GPS apart from boats . A total of 6 persons have been arrested including one sea tiger, 2 Sri Lankan Tamils and 3 Indians . AR FIR, ilne odi vd demozgo ased and doida olme Crime No.5/2007 dated 08.12.2007, ' Q' Branch, C Ch BW police station has been registered. (Annexure E.15 to the affidavit).
(viii) One Thambidurai Parameswaran @ Paremesh @ Deva,@ Nathan @ Suruli , an LTTE Intelligence Wing cadre was arrested by Tamil Nadu police along with police along with his 8 Sri Lankan helpers fo helping the LTTE in procuringprocuring essential items, iron balls etc. , on 16.1.2008 Enquiries revealed that the team was anthering intelligence about rival leaders like Varadaraja Perumal (EPRIF leader ) and Douglas, Devananda, leader of EPDP, a ministerin Sri Lankan Government, and his Personal Assistant,Yeengi 20
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[PART I SEC. 3 ( ii) ] Total 10 persons including one Indian and 9 Sri Lankans were arrested. An FIR, Crime No.1 /2008 dated 17.01.2008, ' Q ' Branch , Chennai city Police has been registered . (Annexure E.20 to the affidavit).
(ix) A 72- foot long Fishing Trawler being built by LTTE in the Munambam Boatyard near Cochin , at a cost of nearly Rs ,36 lakhs was detected on 03.3.08 . The Tamil Nadu police arrested Premraj @ Thuraikutty (Sri Lankan Tamil associate of Soosai , Sea Tiger Chief) at Trichy and Sivakumar @ Kumar @ Diesel Kumar (LTTE Operative ) from Mandapam Refugee camp and located the LTTE boat under construction at Munambam , Cochin , Kerala which has been confiscated by the police , The boat was meant for mid- sea transactions of arms and ammunition by LTTE . An FIR, Crime No.01 /2008 , 'Q' Branch CID , Tiruchirappalli (Trichy) dated 03.03.2008 nas been registered . ( Annexure E.26 to the affidavit ) ,
16. In his evidence Mr. M. Ashok Kumar has also mentioned about the convictions of pro- LTTE cadres in the recent past , as detailed below:
(i ) On 25 : 1.1993 , some of the Tamil National Liberation Army(TNLA) members , namely , 1 ) Murugesan @ Chezhiyan , 2) Nallarasu @ Nallarasan , 3 ) Ravi @ Ravichandran and 4 others were tried by the Designated Court, under the Terrorist and 21 Disruptive Activities ( Prevention ) Act , 1987 at Chennal and were convicted under applicable provisions of Indian Perial: Code(IPC) and Terrorist and Disruptive Activities (Prevention) Act A Copy of the said judgment is ( Annexure D - 1 . (Vol.VI pg.1 to 129 ) to the affidavit.
( ii) On 18.11.1993, some of the Tamil National Liberation Army (TNLA) members , namely , 1 ) Nallarasu @Nallarasan ; 2) Ravi@ Ravichandran , 3 ) Su @ Sundaram and 8 others were tried under momatologie alqual to tasbizantinewz.bah Terrorists and Disruptive Activities ( Prevention ) Act and other checocque mobsoni nesil lims to faced wit relevant Acts by Designated Court No.II under Terrorist and Heformita000: 00.800 (202.131 Disruptive Activities ( Prevention ) Act , 1987 at Chennai and were bac stond rood dostub of stized ton biwow védt jou sentenced for up to 10 years rigorous imprisonment on 28.03.2008 . A copy of the said judgment is Annexure D- 2 . ( Vol.VI , pages.131 to409) to the affidavit .
(iii) In a case of 20041 : 1 ) Bamesh: @i Jeyaseelan , 2 ) Abimarnan and 3 ) Madasamy @ Kallathan of Rameswaram were tried under Unlawful Activities Prevention) Act, 1967. They were convicted to two years of rigorous imprisonment by the District Sessionsand Judicial Magistrate Court Rameswaram on 09.03.2007 . A copy of the said judgment is Annexure D- 3. ( Vol.VI , pg . 411-555 ) to the affidavit.
Jadi Bottie sils tomi sugestemd rabato Malluka 22
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[PART II-SEC. 3(11)] (iv) Apart from the above, another minor case also resulted in conviction and a copy of this judgment is Annexure - D- 4(Vol.VI , pg.457-471 ) to the affidavit.
17. The affidavit further states that pro- LTTE organizations have been voicing the demand for the establishment of a separate Tamil Nation Republic , including cession and secession from India. Some of the illustrative instances of speeches given are as under :
( i ) S.K. Mahadevan , District President of People's Right Federation spoke under the banner of Tamil Eelam Liberation Supporters Coordination Committee ( TELSCC ) , on 08.02.2007 in Tirunelveli district , that they would not hesitate to detach from India and establish a separate Tamil National Republic if the Indian Government continued to give arms training to Sri Lankan Army . Durai Arima spoke about the Tamils having an opportunity for establishing a separate Tamil land under the guidance of LTTE leader Prabhakaran. A copy of the gist of the speech in English of the relevant portion is Annexure- B- 10. (Vol.V, pg.237-247 ) to the affidavit
it ( ii ) In a public meeting at Madurai on 07.09.2007 held by Tamil Eelam Liberation Supporters Coordination Committee ( TELSCC ) , Abdullah of Indian National League , inter alia , stated that the Central Government and the State Government are apprehending УЛАЦИЯСАЯТКО
that if Prabhakamovachioved separate Tamil Eblarm in Sri Lanka, The would be broughted Tamil Nadu to fight for a separme State us here in India.This will certainly happen. TamilEetamisthe first step and Tamil Nadu would bebthe secoridsopy of theigist of the speechlin English of the relevant portionis Annekure B- 12.
(VoLV) pg- 255-272) to the affilaki gerissa,
(iii ) In a meeting organized by Tamil Eelam Liberation Supporters Coordination Committee ( TELSCC ) at Rajapalayam on loginmabaoo ansgola bolo 1918.J zirlgin derm 26.09.2007, one Chellasamy , inter alia, stated that Tamil Nadu was only for Tamils and Tamil Nadu had to become a separate nation to maintain democracy . A copy of the gist of the speech in 1050004415.04.029 onsaiigist IQ ni sau a bru холготь English of the relevant portion is Annexure B- 16 . (Vol.V, pg.311-327) to the affidavit.
MA Common wall
( ! ).
( ix) Ina public meeting at Thanjavur, 00116112008 organized by Tamil Kalai Ilakkiya Peravai , Pazha Rajendran , intervalisbistated .81 that 6.5 crore people of Tamil Nadu can function separately by dormib lugelli ant stenzaulli aseso avode odt rart betsja medhal ai si seceding from the Delhi rule and advocated to create an insurgency for Tamil nation . A copy of the gist of the speech in doa adi sa puns ATTI Introvara bluew doidw atosracin English of the relevant portion is Annexure- B- 18( Vol.V, pg.337- 342) to the affidavit.
(v) 363, members of Tamil, Gelam, Liberationi Supporters Co- ordination Committee assembled, near Manrose Statue , Mana Sillaino 24
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[PART SEC .3 (11) Chennai , to take out a procession to Government Guest House , Chepauk on 12.11.2007 , under the lead of Pazha Nedumaran , condemning the death of LTTE Political Head S.P.Tamil Chelvan . Vaiko , Marumalarchi Dravida Munnetra Kazhagam( MDMK), General Secretary , Seema Basheer of Marumalarchi Dravida Munnetra Kazhagam ( MDMK ) and P. Maniarasan of Tamil Desa Poduvudaimai Katchi were prominent among the participants. Nedumaran 'condemned the Sri Lankan Government for violating human rights . Later , they raised slogans condemning the Police , the Central Government and saluted S.P. Tamil Chelvan . When 80 d the members attempted to take out procession , all of them were arrested and a case in D1 Triplicane PS Cr.No.2148/2007 u/s 13 ( 1 )(2 ) Unlawful Activities (Prevention ) Act , 1967 and Sec.188 , 143 IPC r/w 7 ( 1 )( a) Criminal Law ( Amendment ) Act was registered. (Annexure A- 112, Vol.IV, pages 1481-1497 to the affidavit).
18. It is further stated that the above cases illustrate the illegal , disruptive and secessionist activities of LTTE cadre in close association with local elements , which would prove that LTTE continues to use the cadres sent to Tamil Nadu , ultimately to be utilized for unlawful activities to pursue its agenda. In this context it is submitted that the Unlawful Activities ( Převention ) Act, 1967 , is an important legal tool for law enforcement agencies for controlling such activities . It has been stated by the witness that it is very
14 iniportam that the LTTE, which is a terrorist organization as per schedule to the Unlawful Activities (Prevention ) Act, 1967, as amended in 2004, continues to rehain an Unlawful' Associanion of afurther period of twoyears , with effect from 14.05.2008, falling which, one ofthe consequences could be that Tấm Nadu becomes an open ground for procurement, smuggling of war materials, etc. and other unlawful activities by the LTTE and its sympathizers. This may in turn impinge upon the sovereigrity and terthorial integrity of the count apart from having serious consequences on account of disturbance ofpeace and tranquillity in the State of Tamil Nadu .
19. Mr. M. Ashok Kumar'was exathinda'as PW- 1 . Inthis Statemeilt febordea i 2010 on 3rd October, 2008 at Madurai ,, he deposed that he is serving as Superintendent of Police , 'Q' Branch CID, Chennai ,Chennai , TamilTamil Nadu and is familiar with the facts of this case since he is dealing with the activitiesies of the Liberation Tigers of Tamil Eelam ( LTTE ) in his official capacity. A copy of the Notification issued by the Government of India, Ministry of Home Af vide notification, dated 14th May, 2008, under Section 3 ( 1 ) of the Unlawfy ! Activities (Prevention) Act, 1967, published in the Gazette, Extraordinary, declaring the LTTE as an Unlawful Association from the date of its publication Affairs. My melo: has been proved by him and is Exhibit PW- 1 / 1 . Documents relied upon have 200100 20 / the LTTE's been filed in eight volumes, He has, inter alia, stated that th2-1 2917f8mbiq objectives for a separate homeland (Tamil Ealam) for all Tamils threatens the sovereignty and territorial integrity of India. In hisof India. In his affidavit he has given details of the activities of the LTTE and has also mentioned the reasons 00060200029912 0919121991 1990 2467 48071/08-4 26
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[PART 11-SEC. 36 ) justifying their being declared as an Unlawful Association. The Affidavit is marked as Exhibit-PW.1 /2 . The Annexures to his deposition are Exhibit PW.1 / 2/X - 1 to X- 10 ( Vol.1 ), P.W.1 / 2/A1 - A120 (Volumes -II , III and IV) , P.W.1 / 2/B1 -B20 , P.W.1 /2 /C1 - C3 ( Volume - V) , P.W.1 /2/D1 -D4 ( Volume- VI ), P.W.1 / 2 /E1 - E45 ( Volume- VII ) , P.W.1 /2 /F1 - F25 , P.W.1 /2/G1 -G19 and P.W.1 / 2 /H1 - H8 ( Volume - VIII ) [ collectively] . They are true copies of the originals . (The originals have been brought and compared at random ).
20. Mr. P.K.Mishra , Director( Internal Security) , Ministry of Home Affairs , New Delhi in his affidavit has asseverated on similar lines as in the affidavit of Mr. M.Ashok Kumar and has supported his evidence .
21. Mr. Mishra was examined as P.W.2. In his statement recorded on 13th October , 2008 at Hosur (Tamil Nadu ) he deposed that he has tendered his Affidavit by way of Evidence along with Annexures II to X , A - 1 to A -4 , B- 1 to B -4, C - 1 to C -4 , D- 1 to D - 4 , E - 1 to E - 8 , F - 1 to F - 7 and G - 1 , running into 738 pages . He stated that Annexure E- 1 to his affidavit pertains to FIR No.1 /2007 dated 23.1.2007 . Annexure E - 1 pertains to activities of 8 Sri Lankan Nationals of Tamil origin who are supporters or part of the Liberation Tigers of Tamil Eelam ( LTTE) Group . They were apprehended in suspicious circumstances with goods , inter alia , required for the manufacturing of bombs . The case is pending. Annexures E- 2 to E- 8 are similar cases which are pending adjudication or prosecution . He has further stated that the Central Government had received information from the State of Tamil Nadu to the effect that 41 cases have been registered since 2006 in connection with which 49 Sri Lankan Nationals of Tamil origini and 146 focal Mdian Chilens /sympathizeis mave been arrested. "The number of persons arrested has welled to 199 till the present date. The aims and objectives of the political wing of the LITE , People's Pront of Liberation Tigers, as well as the activities of the LETE cadres indicate that behind all these activites there is a'clear him for eelistition of traditional land occupied by Tamils , from the Indian Union. THE LTPE continues to be an unlawful Association andand it's member's and syfripatriberswie cartying on unlawful activities. According to their information, LTTels perhaps the only Organisation which has developed the sources for aggressive action if the ait as well as on sea. Procurements are made through the sympathizers and Sti Lankan Tamits in India. Available inputs also indicate that the LTTE maintained regular communication network over mobile phones . He has already asseverated in detail that there are portions ofIndian teritory Which are extremely vulnerable to assault by air by the LTTE for the reason that the nearest point is as close as 31 nautical miles from the LITE Bike the Bri Lanka. Instances of attack ofthis nature have bech reported in the Press is Well as are available on the Internet. According to the Media Reports, pages 712- 716 (Vol . IV of Exhibit PW2/1 ) , which he believes to be Coireet, Feueral Bureau of Investigation (PBT) of America 'states that the EPTE is one of the "Headlest extremist Organisations in the world today! He Richer vited that pro LTTE Organisationis have beeri voreing demands for estabastiment of a separate Tarhil Nation Republic including 'secession from India onlines similar to what has been publicly espoused by the LTTE. Annexites 169824 PART BEC 310) THE GAZETTE OF INDIA : EXTRAORDINARY
28
( speeches ) are particulars of some cases in this category . He has deposed that the Central Government has information that the LTTE , a foreign based organization, operating , inter alia , on Indian soil with the support of pro- LTTE organizations has been persisting with its violent, disruptive and unlawful activities prejudicial to the territorial integrity and sovereignty of India and after coming to the opinion that the aforesaid activities of LTTE continue to pose threat to and are detrimental to the sovereignty and territorial integrity of India, declared the LTTE to be an unlawful association for a further period of two years with effect from the Notification dated, 14.5.2008 . The Government of India was disturbed with possible links between LTTE and the United Liberation Front of Assam ( ULFA ) . The matter is under investigation and there is no material available to indicate that there ' was ' and ' is ' no linkage between ULFA and the LTTE . He stated that the unlawful activities of the LTTE have not abated since the last ban and are continuing in the same strength , He also drew attention of the Tribunal to the fact that in the Notification dated 20.11.1992 there is a specific mention that the LTTE encourages, and aids ULFA which continues to be a declared unlawful Association and also a listed Organisation under Section 35 of the Unlawful Activities ( Prevention ) Act , 1967. He has further stated that the ban imposed by the United Kingdom and the European Union in respect of the LTTE is presently in force. So far as the United States of America is concerned , it had banned the LTTE as well as its auxiliary and affiliated organisation , such as the Tamil Rehabilitation Organisation . He has already mentioned in his Affidavit ( Exhibit PW2 / 1 ) that 29 there are instances of the LTIE cadres attacking Indian fishermen in Indian territorial waters . Annexure Glte , Exhibit. PW2/ L are copies of speeches delivered by Prabhakaran , Head of the LTTE which is cynical of the Policy of the Government of India in respect of the LTTE. He submitted that is case the ban is lifted, the disgruntled Tamil chauvinist groups and elements would feel emboldened leading to increase in their activities which would be detrimental to the security of the State. Further, the indulgence of pro-LTTE groups in illegal activities, oponly with the facit support ofthe chauvinist forbes.canhoti be ruled out and also ifthe prosent ban is not extended, the chances of infiltration by the LITE into the State would posa a grave threat tor the sovereignty and territorial integrity of India. He has stated that the present Notification dated 14.5.2008 was necessitated in public interest . He has submitted that the bản imposed with immediate effect by way of Notification dated 14.5.2008 , be confirmed for the aforesaid reasons .
224Mr . M. Ashok Kumar, in his further statement rooorded on) B1.10.2008 at Kanniyakumari , has tendered in evidence his additional Affidavit dated 30.10.2008: and; has affirmed each and every statement made therein . The Affidavit is Exhibit PW1 /3 with Annexures I - 1 to 1-24, running into 129 pagesi He stated that without prejudice to the generality of the statements made in the Affidavit, between 31.5.2006 and 21.10.2008 several incidents have occurre which demonstrate that the unlawful activities of the Liberation Tigers of Tamil Eelam ( LTTE) have not ended or abated . He has deposed that in the recent past, there have been many instances in which cadres of the Liberation 30
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[PART 11-SEC 3(10)) Tigers of Tamil Eelam ( LTTE ) or their front organisations have been arrested or sentenced to prison for a variety of subversive activities across the world. Some of the major incidents involving the LTTE outside Sri Lanka înclude :
May 31,2006: Foreign Minister Mangala Samaraweera informed that the LTTE funnels contribution through Malaysia and Singapore to buy weapons in Thailand and Cambodia . (Annexure- 1-1 to the affidavit) .
July 19 , 2006 : The LTTE is entrenched in Canada and uses a Toronto -based "front organization " called the World Tamil Movement ( WTM ) to raise money for arms , says a summary of an ongoing RCMP investigation . The RCMP 58- page document refers to the WTM as " the Canadian arm " of the LTTE. (Annexure- 1-2);
August 22 , 2006 : Thirteen suspects with close links to the LTTE , including "Waterloo " Suresh @ Suresh Skandarajah , were arrested from Buffalo , New York, San Jose, California , Seattle , Washington and Connecticut following the Royal Canadian Mountain Police ( RCMP ) and FBI probe into allegations that LTTE sympathizers in North America tried to buy missiles and move terfor funds . (Annexure - 1-3 ) ;
August 23 , 2006: Authorities in Thailand arrested three Sri Lankans , Asirvatham Sathyapavan , Thevarajah Sashiharan and U.G.Gunapala, who were procuring arms for the LTTE . They were arrested while trying to ship arms and ammunition , including a variety of pistols and 45,000 rounds of ammunition , to Mullaitivu . Two Tamil Canadians , Ramanan Mylvaganam and Piratheepan Nigdarajith) (wdreinvested in an alleged! conspiracy to buy weapons for the LTTE. (Annexure B4); котоm rias abobet is on mind blow anь эпопеит
August 28, 2006: A British doctor, MurugesasVidyagamoorthy @ Dr.Modwhy, a senior LITE intermediary, is arrested from New York for anding the LITH by facilitating the purchase of American rockets and British submarine tocinology ! (Anshexurdirgan of 2001 gobin hoesını
November 1, 2006: A family of three, Sivarajah Yathavan , his wife Abirami Yathavan and P.Senthuran, father- in- law of Yathavan, reportedly conduct UTTE operations in Victoria, Australia: ( Annexure- 1-6) ; 200
( 1- toursγου του και π January 30, 2007: The Interpol Headquarters in France issued a world wide arrest warrant for the LTTE Sea- Tiger leader , Thillayampalam Sivanesan @ Soosai , identifying him as a fugitive wanted for prosecution consequent to the facts forwarded by the Central Investigation Department to Court . (Annexure- 1 (7); de sollen Lomag molphinog ordi bailsans , cohol para 108 ng
March 8, 2007: Haji Subandi , an international arms dealer from Indonesia, pleaded guilty in a federal court in Guam in USA to conspiring to export guns , surface-to- air missiles and other military hardware to LTTE . ( Annexure - 1-8 );
March 25, 2007 : LTTE reportedly supplied forged passports to Ramzi Yousef 500025 A who bombed the World Trade Center, counter terrorism expert Aaron Mannes said . March 20: Falk Rovik , chief spokesperson of the Norwegians against THEGAZETTE OF INDIA : EXTRAORDINARY
[PART 11-SBC. 3 ( 1)] 32
terrorism , said in Toronto that the LTTE have stolen hundreds of Norwegian passports and sold them to al Qaeda to earn money . (Annexure - 1-9);
April 1 , 2007 : The leader of the LTTE's France branch since 2003 , Nadarajah Mathinthiran @ ' Parathi ' and Thuraisamy Jeyamorthy @ ' Jeya' , who are in charge of the money collection in France , were among 17 LTTE suspects arrested . During 2006 , the LTTE reportedly collected more than six million Euros where each Tamil family was forced to pay 2000 Euros per year and shopkeepers were made to pay 6000 Euros . ( Annexure- 1-10 ) ;
April 5, 2007 : A 55 - year old Singapore national , Haniffa Bin Osman, pleaded guilty to conspiracy to provide material support to the LTTE , said US Attorney for the District of Maryland . Three others , including , Haji Subandi and Erick Wotulo , both Indonesian citizens , pleaded guilty to attempted to illegally export arms for the outfit . ( Annexure- 1-11 ) ;
April 8, 2007 : French Police cancelled the permission granted earlier to hold a protest rally in Paris condemning the arrest of LTTE cadres on April 1. The LTTE - controlled business chamber , youth organization and women front of the outfit were involved in organizing the proposed protest rally . (Annexure- I - 12);
1 April 25, 2007 : The ' director ' of LTTE in New York, Karunakaran Kandasamy , was arrested by the Federal Bureau of Investigation ( FBI ) in Queens on charges of providing material support to a foreign terrorist organization . The group headed by him reportedly operated in the US " drawing [भागं II-खण्ड 3 (ii) ]
भारत का राजपत्र असाधारण
33 on America's financial resources and technological advances to further its war of terror in Sri Lanka and elsewhere . A FBI raid on. Kandasamy's office in Queens has revealed evidence that he raised millions of dollars for the Tamil Tigers through a front organisation called the World Tamil Coordinating Committee . " (Annexure - 1-13 ) ;
April 28 , 2007: Six Sri Lankans , including the prime accused Satrubarajah Shanmugarajah @ Ruby , connected to the LTTE were convicted for organized crime in Norway . More than 5.3 million Norwegian Kroner have reportedly been stolen in Norway's largest credit card scam which has links to LTTE cells in Canada, England , Germany and Sweden . (Annexure- I -14) ;
i May 1 , 2007: Australian Police arrested two suspected LTTE cadres , Aruran Vinayagamoorthy ( who had access to $5,26,000 in two bank accounts between August 2001 and December 2005 ) and Sivarajah Yathavan , after raids in Sydney and Melbourne on the charges of providing material support and funnelling money collected from donors in the garb of a Tsunami charity to the outfit . (Annexure - 1-15 )
May 5 , 2007 : A Singapore based terrorism expert Rohan Gunaratna said that the LTTE has been procuring aircraft , arms , explosives and other technological devices from Australia for more than a decade. ( Annexure- I - 16) ;
May 6, 2007: A Hindu temple in South London, which reportedly raises nearly oe 500,000 each year , may have possible links to the LTTE in Sri Lanka . A BBC report said that the Armulmihu Hindu temple in Tooting " has had its 48079708-5 [PART II -SEC . 3 (ii) ] THE GAZETTE OF INDIA : EXTRAORDINARY
34
assets frozen pending an investigation into alleged links with the UK banned Tamil Tigers . " (Annexure- I -17 ) ;
:
May 10 , 2007 : Thirunavukarasu Varatharasa , a Sri Lankan citizen , pleaded guilty in a US Court to conspiracy to provide material support to the LTTE and attempted export of arms and ammunition . According to the plea agreement , from' April to September 29 , 2006 , Varatharasa conspired with Haji Subandi , Haniffa Osman and Erick Wotulo to export state- of- the - art firearms , machine guns and ammunition , surface to air missiles , night vision goggles and other military weapons to the LTTE . National Post reported that the LTTE has been aggressively fund raising in Montreal using a sophisticated pre - authorised payment scheme and other methods to collect money from the city's 25,000- strong Tamil community . (Annexure- I - 18 ) ;
May 16 , 2007: A London Court was told that Senthuraj Thavapalasingham @ "Psycho " of Romford is the enforcer leading a gang of LTTE extortionists called "East Side Boys " . Newham Council and Metropolitan Police told Stratford Magistrates Court that this gang has been working in Newham for two years . Chief Inspector Derrick Griffiths said , " To my knowledge there are around five Tamil gangs operating in London . This is a gang of about 30 young men aged between 15 and 32 who are paid by an organization called the LTTE . They were paid to extort money from local businessmen and residents . Their victims were paying anywhere between Pounds 5,000 and 25,000 a year . In 10 one case a businessman was paying 25,000 a year for four years . " ( Annexure- I -19);
blo and sank a small vessel territorial May 17 , 2007: Maldives coast guard opened fire on and 'sanka carrying LTTE' cadres after a l12 -Hout stand oft at sea in southem term waters of Maldives . According to reports, four of the Kine member crew killed, four others were arrested and one surrendered . Reports said that vessel "Sri Krishna " , which started off as a deep sea fishing trawler from Kerala coast with 12 Indian fishermen, was hijacked by thethe LTTE to do some gun running for it after detaining the fishermen. The boat was carrying gun and mortar bombs when it waswas confronted by Maldivian, Coast Guarn (Annexure- 1-20 ); ?.
23 MM. Ashok Kumar further stated that all this informatio gathered from Press Reports and reports of other organizations , such as Interpol, Internet etc. also speaks in consonance with the information gathere by their intelligence agencies. The object " of LTTE, as contained in the Constitution, is to form a traditional Tamil land, even if that means secession from India. Speeches have been mamade on Indian soil in support of a separate Tármit Nađu state . In this connection , Shri Vaiko , General Secretary of MDKK Party and Shri Kannappan , MLA , Marumalarchi Dravida Munnetra Kazhagam (MDMK Party ) , were arrested on 23.10.2008 , Film Director Seeman Sevanthi and Ameer Sulthan have recently delivered speeches in support of the LITE and against the integrity of India , as a result of which both were arrested on 24.10.2008 . He stated that as on May 2007 as many as thirty countries have listed the LTTE as a terrorist organisation , including India, the United States of America, United Kingdom , European Union and Canada . So far as Australia is 4807 G1/08-6 36
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[PART 11 SEC. 3 (i )) concerned , legislation prescribes holding of assets owned or controlled by terrorist organisations or individuals , which includes LTTE or to make assets available to them in pursuance of relevant U.N. resolutions .
24. *** Mr . M. Ashok Kumar stated that based on all this material , the Government of India is of the opinion that if the ban on LTTE is not continued , disruptive elements adhering to the LTTE will work towards the dismantling of India and the forging of a separate Tamil State . Tamil diaspora across the world have organized several rallies , meetings and cultural programmes demanding a recognition of right of self- determination , traditional homeland of Tamils and Tamil as distinct nationality. Such rallies were held in several places , including Canada , Denmark, Belgium , Finland , France , Germany , Italy. Netherlands , New Zealand and Norway. There are places in India, such as Kalpakkam and Koodankulam , where nuclear plants are in existence, and are closer in proximity from LTTE bases in Sri Lanka than some sites in Sri Lanka where active aerial bombarding has taken place . Therefore , the Government of India is apprehensive that unless the ban on the LTTE continues , acts of aggression on Indian soil are likely to occur.
25. The depositions of aforesaid two witnesses would reveal that an attempt is made to justify the Notification dated 14.5.2008 on the following basis :
(i ) that the Liberation Tigers of Tamil Eelam is an Association actually based in Sri Lanka but having sympathizers , supporters and agents on the Indian soil ;
that then ? Els objective for a separate Thoihetland (Tamil Eclam) for all Tamils threatens the sovereignty and territorial integrity of India , and ameabits to cession and dedession of a part of the territory of India from the Union and thus falls ΚΑΙ ΠΡΟΩΙ ΩПоне в Чівтэт of Sunitros llr 31 (iv)
within the ambit of an unlawful activity; Jonados os spinozasno od stoiman ins
(iii) the turbulence, ia Sri Lanka ili being exploited by pro-LTTE not forges, to draw up stipporindor the LTTBi and its cause by taking out processions demonstrations, etc.hispite of the ban , causing disquiet land threat to the security of the State of Tamil Nadut
( iv) most of the criminal cases involving LTTE and pro -LUTTE groups like Tamil Nadu Liberation Army ( NLA) have ended in conviction and the Tamil Bolant concept still i remains as a goal among the pros& ITITE groups in Tamil Nadu and the process is still at work to further its cause, thereby contributing to the said highly vulnerable milieu in which LTTE's free functioning in India as a lawful association if allowed , is likely to be highly detrimental to the sovereignty and territorial integrity of India ;
Life to lead ved robel HIJ sdt eri
(v) the LTTE continues to be an extremely potent , most lethal rimis 1.pidomoni orll to noilor bec HoBANGSTO and well - organised terrorist force in Sri Lanka and has strong connections in Tamil Nadu; and certain pockets of southern THE GAZETTE OF INDIA : EXTRAORDINARY
[PART ISRC : 3 (1 )) India . The LTTE continues to use the State of Tamil Nadu as the base for carrying out smuggling of essential items like petrol and diesel , besides drugs to Sri Lanka;
(vi) the LTTE will continue to remain a strong terrorist movement and stimulate the secessionist sentiments to enhance its support base in Tamil Nadu as long as Sri Lanka continues to remain in a state of ethnic strife torn by the demand for Tamil Eelam which finds a strong echo in Tamil Nadu due to the linguistic , cultural , ethnic and historical affinity between the Sri Lankan Tamils and the Indian Tamils in Sri Lanka ;
1 (vii) enquiries on the activities of the LTTE cadres/dropouts who have been traced out recently in the State of Tamil Nadu would suggest that the cadres sent to Tamil Nadu would ultimately be utilized by the LTTE for unlawful activities ;
(viii ) the activities of Pro - LTTE organisations and individuals have come to notices in India , despite the ban in force and attempts have been made by these forces to extend their support to the LTTE;
( ix) the LTTE leaders have been cynical of India's policy on their organization and action of the State machinery in curbing their activities .
1 264 Each ofof the aforesald submissions are fortified by Instances and documents. In respect of above, instances which are given are the speeches of various individuals/organizations calling upon and criticizing the Government on their polidies towards Sri Lanka. All these documents have been exhibited Right to speech is one of the fundamental rights conferred on 27. ode zaibrionadd line every citizen of this country under article 19( 1 )( a ) of the Constitution of India. To that extent these speeches may not be relied upons by the deponent to (0) support the'Notification in question imposing the ban However, in some of these speeches the limit of fait criticism is crossed and the speakers , have entered into forbidden area and the exhortation in those parts of the speeches would fall within the mischief of section 2( o) of the Act and could be dubbed as intending to or supporting the aims of LTTE to bring about the secession of a part of territory of India or inciting any individual or groups of individuals to bring about such cession or secession and may be punishable under section 13 of the Act. Specifici reference to such speeches and particular quotations thereform is consciously and deliberately being avoided as, in respect of many speeches, FIRs are registered against the makers of those speeches under the provisions of the Act as wellas other statutes.Any observations made in detail may affect the trial ofthose cases pending in the Courts of law, It would sufiice to observe that for the purpose of the present enquiry under sub - section (3 ) of section 4, it would constitute relevant material .
{ 28 Examples Have also been given of the cases which were registered earlier and are still alive and in many cases some of the LTTE,cadres and 40
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART 11 Sec . 3 (i )) members of Tamilar Pasarai , Tamil National Retrieval Troops and Tamil Nadu Liberation Army , who are accused in these cases are at large and efforts are on to secure them . Specific stress is laid on the fact that Mr. Prabhakaran , leader of LTTE and his Intelligence Chief Pottu Amman , wanted in Rajiv Gandhi Assassination case are still absconding who were declared as proclaimed offenders . ;
29. Maintaining that LTTE continues to be an extremely potent , most lethal and well -organised terrorist force in Sri Lanka and has strong connections in Tamil Nadu and certain pockets of Southern India and also that it continues to use the State of Tamil Nadu as the base for carrying out smuggling of essential items like petrol and diesel , besides drugs to Sri Lanka , it is contended that POL items and other essential commodities are in great demand by LTTE and to overcome the shortfalls are luring the fishermen and known smugglers with a good premium for such commodities and they in turn engage in smuggling essentials to the LTTE . It has been stated on Oath that the State machinery has detected such smuggling cases and instances of number of such cases are given hereinabove. Various methods adopted for this purpose include suicide bomber killing. It is sought to contend on the basis of these examples that LTTE continues to repose faith in use of violence to achieve its ends .
30. Mr. P.P. Malhotra , learned ASG appearing for the Central Government and Mr. S. Dhananjayan , counsel for the State of Tamil Nadu extensively referred to the aforesaid material during their arguments for justifying the issuance of the Notification dated 14.5.2008 extending ban on the laTTE under ЯДИВСЯСАЯ
section 3 (3 ) of the Act for a further period of two years Along the date of Notification. It has also beeri pointedibut by them that simulambousky with the repeal of POTA, Unlawful Activities (Prevention) Amendment Act 2004 came into being on 21.9.2004 . The ammended Adr contains Section 2( m ) which deals with the definition of " terrorist organisation " to mean an organization listed in the Schedule or organisation operating under the same name as an organisation ahmod bomoгла Івітотат it no bassolber F so listed. Schedule annexed to the Act specifies 32 terrorist organisations and LTTE is mentioned at Serial No.21 in this schedule . It was thus submitted that 20131217вдор урише в siccion et common LTTE is even declared as terrorist organization in India by the aforesaid Amended Act having statutory force.
31. In the absence of any representation from LTTE , entire material placed by the Central Government as well as State Government including the deposition of their witnesses remain un - rebutted and is taken as having been proved !
32. After considering the aforesaid material placed on record and the arguments advanced by learned counsel for the State as well as the Union of India, this Tribunal is satisfied that the opinion formed by the Central Government resulting in issuance of the Notification dated 14.5.2008 is based on cogent and relevant material justifying exercise of its power under section 3 ( 1 ) of the Act by declaring LTTE as an Unlawful Association . The grounds which are stated in the Notification have been duly supported by the material and documents'on recordar
the 42
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[PART 11 SEC. 3(ii) ] 33. This Tribunal is of the opinion that there is sufficient material to justify that the ban imposed earlier should continue to check and control the unlawful activities of the LITE / Despite notifications since 14th May, 1992 onwards declaring the LITE to be an Unlawful Association , it is continuing its unlawful activities .
34. Predicated on the material presented before the Tribunal , I am satisfied that the Central Government is justified in arriving at the conclusion that LTTE continues to remain a strong separatist terrorist movement . In this analysis this Tribunal confirms the declaration made by the Central Government vide notification No. SO . 1133 ( E ) , dated the 14th May , 2008 .
(Sd) Justice Vikramajit Sen
November 10, 2008
Unlawful Activities ( Prevention ) Tribunal
[F. No. 1-11034/1 /2008-IS- 1 ]
D. DIPTIVILASA , Jt . Secy .
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