Delhi High Court refuses to let leader of Tamil Eelam’s transnational government intervene in UAPA proceedings over LTTE ban

A division bank of Judge Prathiba M. Singh And Justice Amit Sharma noted that the impact of allowing the impleadment could have far-reaching consequences on policy issues and relations with other countries. The Court noted that judicial review must be exercised with great caution in matters concerning the security and integrity of the country.

“The petitioner claims to be the Prime Minister of a transnational government of Tamil Eelam and the consequences of allowing such a person to intervene in these proceedings under the UAPA even though he is not a member of the LTTE or an office bearer of the LTTE, is far-reaching, as the petitioner’s position could have broader implications for policy issues and relations with other countries, which are not for the determination of either the Tribunal or this Court. said the Court.

The LTTE was declared an illegal association back in 1992 and this was renewed every few years by the central government.

On May 14, 2024, the government issued a notification declaring the LTTE an unlawful association for a period of five years. The Tribunal was constituted on June 5, 2024 under Section 5(1) of the UAPA Act for reviewing the declaration of the LTTE as an ‘unlawful association’ under the UAPA by the Central Government.

Rudrakumaran filed an application for impeachment in the proceedings before the Tribunal under Article 4(3) of the UAPA, but it dismissed his application. The Supreme Court was thus concerned with Rudrakumaran’s challenge to the Tribunal’s order dismissing his impleadment.

The High Court referred to Section 4 of the UAPA, which provides that where an association is declared unlawful by the Central Government, it must file a reference to the Tribunal within thirty days to determine whether or not there is sufficient ground for the association to be declared unlawful. . Following such a referral, the Tribunal will call on the association to provide reasons why it should not be declared unlawful.

The Court stated, “Section 4 of UAPA makes it clear that the investigation by the Tribunal must be conducted after issuing a ‘show cause’ notice to the association. Such cause may be demonstrated by the association, its office bearers or its members.”

The Court noted that TGTE and LTTE are not the same and that TGTE does not endorse all LTTE ideologies.

It stated that while Rudrakumaran and TGTE could be sympathizers of the LTTE, UAPA is not considering issuing a notice to sympathizers or supporters of the unlawful association.

“It is reiterated that the law does not provide for issuing notices to sympathizers or supporters. It only contemplates issuing a notice to the association or its office bearers or its members under Article 4(3).”

Rudrakumaran relied on the Tribunal’s order dated November 12, 2010, allowing MDMK General Secretary Vaiko to intervene in the proceedings.

The Court noted that Vaiko was not implicated as a party but was only allowed to intervene and submit observations before the Tribunal. It further noted that Rudrakumaran cannot be equated with Vaiko as he is a citizen of India based outside India.

It stated that Rudrakumaran is a permanent resident of the United States of America and not bound by Indian laws. It noted, “The Tribunal currently conducting hearings is a Tribunal constituted solely under Indian law, i.e. the UAPA. The powers of the Tribunal shall include powers of contempt, punishment of false evidence and all such similar powers as may be exercised by civil and criminal courts in the country as referred to in Sections 5 and 9 of the UAPA.”

The Court further observed that the principles of fairness and natural justice are followed by the Tribunal “…the state of Tamil Nadu and other sympathizers of the LTTE from India are already being heard by the Tribunal, by way of intervention…”

The court therefore affirmed the district court’s judgment and rejected the request.

Case Title: Visuvanathan Rudrakumaran vs. The Union Of India & Anr. (WP(CRL) 3354/2024)