The Supreme Court on Wednesday refused to entertain a plea filed by Visuvanathan Rudrakumaran, who claims to be the “prime minister” of a transnational government of Tamil Eelam, seeking to be heard in proceedings related to the declaration of the Liberation Tigers of Tamil Eelam (LTTE) as an unlawful association under the Unlawful Activities (Prevention) Act (UAPA).
A bench of Justices Vikram Nath and Sandeep Mehta showed its disinclination to entertain the petition, following which Rudrakumaran’s counsel withdrew it. The bench recorded the withdrawal, granting liberty to the petitioner to pursue remedies available under the law.
Rudrakumaran, born in Sri Lanka and currently residing in the United States, had challenged an October 2024 Delhi High Court order dismissing his plea to be impleaded before a UAPA Tribunal. The Tribunal, constituted in June 2024, is tasked with adjudicating the Central Government’s declaration of LTTE as an unlawful association.
Earlier, on September 11, 2024, the Tribunal had dismissed Rudrakumaran’s application seeking to be heard in the LTTE proceedings. He then approached the High Court, which also dismissed his challenge.
At the outset of the hearing, Rudrakumaran’s counsel told the bench that the petitioner was the representative “prime minister” of a Tamil government in exile. “Self-declared,” the bench remarked.
The counsel argued that the core issue was whether a party with relevant information should be barred from participating in Tribunal proceedings solely because he is a foreign national. He contended that the government notification declaring LTTE as an unlawful association directly affected Rudrakumaran, as it equated the ideology of Tamil Eelam with unlawful activity.
He submitted that Rudrakumaran had served as a legal advisor to LTTE and participated in the peace process, and therefore possessed knowledge crucial to understanding the concept of Tamil Eelam.
The bench noted that the High Court had already observed the petitioner was not a member of LTTE. It also pointed out that LTTE had been declared an unlawful association in 1992, and the Central Government had extended the ban for five more years through a notification dated May 14, 2024.
When the bench indicated its unwillingness to entertain the plea, counsel sought permission to withdraw it. The court allowed the request, recording:
“The counsel for the petitioner, upon instructions, state that the petition be dismissed as withdrawn, leaving it open to the petitioner to avail such other remedy as may be available under the law.”
In its October 2024 order, the Delhi High Court had stressed the sensitive nature of proceedings under the UAPA, particularly those concerning national security.
It observed:
“The petitioner claims to be the prime minister of a transnational government of Tamil Eelam and the impact of allowing such a person to intervene in these proceedings under the UAPA, that too when he is admittedly not a member of the LTTE or an office bearer of the LTTE, is far reaching, as the stand of the petitioner could have broader implications on policy issues and relations with other nations, which are not to be determined either by the Tribunal or by this court.”
The LTTE was initially declared a “terrorist organisation” by the Central Government. In 1992, it was declared an “unlawful association” under the UAPA. This ban has been periodically extended, with the most recent extension on May 14, 2024, for five more years.
