Individuals cannot contest ban on LTTE through proxies: HC

CHENNAI: Those intending to oppose the ban on the LTTE in India should file personal affidavit before the statutory tribunal hearing the matter, and it cannot be done through power of attorney, the Madras high court has held.
The first bench comprising Chief Justice M Yusuf Eqbal and Justice TS Sivagnanam, dismissing the writ petition of former LTTE cadre Vijayaratnam Sivanesan, who is at present a Swiss national, said: "It cannot be disputed that the Unlawful Activities (Prevention) Act 1967 was enacted for the purpose of providing more effective prevention of certain unlawful activities of individuals and associations.The sole object of the act is to provide national integrity and to prevent any activity which is intended to disrupt the sovereignty and territorial integrity of India."
"Having regard to the aim and object of the legislation, we are of the considered opinion that if any association or individual moves before the tribunal for declaration that such association is not unlawful, the member of such association shall have to file a personal affidavit and cannot do it through the power of attorney-holder."
In his application, Sivanesan contended that he joined the LTTE as video cameraman in 1983 and was arrested along with top LTTE leader Kittu and 80 others in 1988. He was released from army custody in 1990 and in March he left the LTTE. At present he is in Switzerland. Assailing the May 17, 2010 notification of the Centre declaring the LTTE as a banned organisation in India, he sought to nominate one Kalaiarasu as his power of attorney to represent before the statutory tribunal. The tribunal rejected the plea on October 28. Hence the present writ petition.
When the matter was taken up, additional solicitor-general of South India M Ravindran submitted that as Sivanesan himself had admitted that he left the LTTE in 1990 itself, there was no question of entertaining his present petition.