CHENNAI: The Marumalarchi Dravida Munnetra Kazhagam (MDMK) general secretary, Vaiko, has no locus standi to question the Central Government's notification to ban the LTTE in India, the Centre has told the Madras High Court.
When two writ petitions filed by Vaiko and advocate P Pugalenthi challenging the legality of the ban on LTTE came up for further hearing before the first bench comprising chief justice M Yusuf Eqbal and justice TS Sivagnanam, the Centre filed a counter saying they were not the aggrieved persons and hence had no locus standi to question the move.
As per Section 6(2) of the Unlawful Activities (Prevention) Act, only an aggrieved person could challenge ban orders under the Act, and that unless he proved with supporting evidence that he is an aggrieved person no writ petition was maintainable, the counter filed by the union ministry of home affairs said.
Even assuming that Vaiko is an aggrieved person, he cannot invoke the extraordinary jurisdiction of the Madras High Court as the statutory tribunal constituted by the Centre in New Delhi in June 2010. The Tribunal has been mandated to hear issues relating to the ban and decide the validity of the ban notification dated May 14, 2010.
After holding sittings in various places, including Chennai and Ooty, the Tribunal headed by a senior judge of the Delhi High Court upheld the ban notification on November 12.
In his present petition, Vaiko said the LTTE's objective of establishing a sovereign nation for Tamils in the island did not pose any threat to the territorial integrity of India.
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