Battle Against ban: MDMK general secretary Vaiko, after coming out of the Tribunal hearing, talking to reporters in Kodaikanal on Saturday
An affidavit challenging the ban on LTTE was filed on behalf of the militant outfit for the first time, after the organisation was banned in India 20 years ago, before Justice V K Jain during a hearing of the Tribunal under the Unlawful Activities (Prevention) Act at Kodaikanal in Dindigul district on Saturday.
The affidavit, which was filed by advocate M Radhakrishnan on behalf of a Swiss-based man, V Sivanesan, who claimed himself as an office-bearer of the LTTE. It came as a surprise to those assembled in the Kodaikanal Club, the venue of hearing, as Justice Jain had already pronounced at the beginning of the hearing that “As I did not receive any reply/written objection on behalf of the LTTE or no official or counsel appeared in person on its behalf, I proceed to examine the witnesses, who are present on behalf of the Tamil Nadu and Central Governments”. While tribunal was hearing M S Baskar, an Inspector of Police from Tamil Nadu, Radhakrishnan, counsel for the LTTE, presented his affidavit to Justice Jain.
Perusing the affidavit, Justice Jain said that the person, who has filed the affidavit, should have been authorised by the organisation to represent it. He said that a member of the banned organisation could also depose before the tribunal and made it clear that fictitious persons should not represent the case of the defendant.
To this, Radhakrishnan appealed to the tribunal to issue orders to arrange visa for his client and explained that there was a possibility of Sivanesan being arrested if he lands in India to appear before the tribunal as the organisation, LTTE, which he represents was a banned outfit here.
Replying to this, Justice Jain said,”he will not be arrested if he comes here only for deposing before the tribunal.” He further asked the counsel whether his client would be satisfied with the oral hearing and the inspection of documents as the time-frame for concluding the hearings and preparing final report was short.
The judge also fixed Nov 3 as the date for the appearance of Sivanesan in New Delhi before the tribunal. However he did not pass any order on this matter. In his affidavit Sivanesan claimed that he was the Coordinating Director for Switzerland Branch of European Political Sub-Division of LTTE and was appointed to the post by Selvaratnam Thavaraj, the designated and current regional coordinating director for the LTTE’s European Political Sub-divison. Sivanesan in his affidavit explained that the LTTE’s objective for a separate homeland (Tamil Eelam) for all Tamils could not be viewed as a threat to the territorial integrity of India as Tamil Eelam for all Tamils means “Tamil Eelam for all Tamils living only in Sri Lanka”.
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