P PUGALENTHI Vs. MINISTRY OF HOME AFFAIRS

JUDGEMENT

(1.) Heard Mr.M.Radhakrishnan, learned counsel appearing for the writ petitioner and Mr.M.Ravindran, learned Additional Solicitor General of India appearing for the respondents.

(2.) In this writ petition the petitioner has prayed for the quashing of the order dated 06.10.2010 passed by the 2nd respondent namely., the Unlawful Activities (Prevention) Tribunal rejecting the petition filed by the petitioner under Section 4(3) of the Unlawful Activities (Prevention) Act, 1967 (in short 'the Act')

(3.) It appears that the first respondent - Union of India issued a notification dated 17th May, 2010 under Section 3(1) and proviso to Section 3(3) of the Unlawful Activities (Prevention) Act, 1967 (Act 37 of 1967) (hereinafter referred to as the 'Act) declaring the Liberation Tigers of Tamil Eelam (in short 'LTTE) as an unlawful association. The petitioner-Forum said to have filed a petition claiming itself as the sympathizer of LTTE and have a right to appear before the Tribunal. It was contended that the Tribunal is required to adjudicate whether or not there is sufficient cause for declaring the association as an unlawful association. It was contended by Mr.Radhakrishnan, learned counsel appearing for the petitioner-Forum before the Tribunal that the Tribunal must give an opportunity of hearing before declaring a person or association under the said Act. The Tribunal rejected the petition filed by the petitioner-Forum on the grounds inter alia that the Tribunal had the occasion to consider the submissions made by the other persons including Mr.Vaiko and none of the submissions made by Mr.Radhakrishnan travel beyond the arguments advanced by Mr.Vaiko.