Camouflaged ban on Tamil Eelam by New Delhi, Chennai

The Government of Tamil Nadu has gazetted a notification by the Indian Central Government’s Ministry of Home Affairs, dated 14 May, banning the Liberation Tigers of Tamil Eelam (LTTE) as an ‘unlawful association’. The announcement falsely linked ‘Tamil Eelam’ as threatening the ‘sovereignty and territorial integrity of a part of the territory of India’. Questioning when Tamil Eelam became part of Indian territory, Eezham Tamil circles in the diaspora said the notification reflected the guilt related paranoia of New Delhi and Chennai and urged the democratic bodies in the diaspora and the legal activists in Tamil Nadu to address the false interpretation, politically and legally.

The Home Ministry of India is headed by P. Chidamparam, a Tamil from Tamil Nadu.

Muthuvel Karunanidhi’s Government of Tamil Nadu gazetted the announcement on 17 May.

Full text of the Gazette Notification follows:

DECLARATION OF BAN ON LIBERATION TIGERS OF TAMIL EELAM (LTTE) AS AN UNLAWFUL ASSOCIATION UNDER UNLAWFUL ACTIVITIES (PREVENTION) ACT.

[G.O. Ms. No. 446, Public (SC), 17th May 2010.]

No. II (1)/PUSC/8(a)/2010.

The following Notification of Ministry of Home Affairs, Government of India, New Delhi, Notification S.O. 1090 (E), dated 14th May 2010 is republished:—

S.O. 1090 (E).— Whereas the Liberation Tigers of Tamil Eelam (hereinafter referred to as the LTTE), is an association based in Sri Lanka but having its sympathizers, supporters and agents in the territory of India;

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 was exploited by the 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 though LTTE has been decimated in Sri Lanka but recent reports reveal that remnant LTTE cadres/leaders are regrouping in Tamil Nadu in pursuance of their avowed objective of establishing separate Tamil Eelam and wrecking revenge on the traitors (Government of India) and enemies (Government of Sri Lanka);

Possibilities of these remnant cadres using India, especially in the State of Tamil Nadu, as a rear base for their regrouping activities thus cannot be ruled out as some LTTE cadres interdicted recently, had come by clandestine sailing. Possibility of their entering India through sea route and genuine documents in the guise of Sri Lankan Tamil refugees cannot be ruled out;

And through articles in the internet portals, the diaspora continue to spread anti-India feeling amongst the Sri Lankan Tamils by holding the top Indian political leaders and bureaucrats responsible for the defeat of the LTTE. Such propaganda through internet which remains continue, are likely to impact VVIP security adversely in India;

And, Whereas, for the reasons aforesaid, the Central Government is of the opinion that the LTTE is an unlawful association 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) The activities of the LTTE remnant 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;

(ii) The activities of pro-LTTE organisations and individuals have come to notice 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, operatives and supporters have been inimically opposed to India’s policy on their organisation 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 to the public order and, therefore, it should be declared as an Unlawful Association;

And, Whereas, the Central Government is further of the opinion that (i) because of the LTTE’s continued violent and disruptive activities prejudicial to the integrity and sovereignty of India; and (ii) it continues to adopt a strong anti-India posture as 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.

[F No.I-11034/1/2010-IS.I]

DHARMENDRA SHARMA,

Joint Secretary.

K.S. SRIPATHI,

Chief Secretary.

[Full Coverage]

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