The Subjects Committee of the Indian Congress unanimously adopted, on April 14
1992 the Political Resolution with a significant amendment which called on the Union
Government to impose a ban on the Liberation Tigers.
The amendment for banning LTTE for its alleged involvement in the Rajiv Gandhi
assassination was moved by Rajya Sabha member Mr. S. Ahlualia.The amendment said that it
had now become more or less clear that the LTTE was involved in the brutal assassination
of Rajiv Gandhi. It also called for steps to extradite those responsible for perpetrating
the crime. Prime Minister Narasimha Rao said in answer to questions by the press that the
Government will consider all aspects before taking a decision on imposing a ban.
The Indian Government could have imposed a ban on the LTTE without going through
the process of obtaining a resolution at the Congress sessions. This lends credence to the
view that the Indian government’s actions were politically motivated. Furthermore,
the resolution of the ruling Congress party, by judging the LTTE in advance of the court
proceedings, prejudiced the fairness of any such court proceedings. Any
‘trial’ may well become a mere show trial.
In the event, however, the ban was imposed on the ground that the LTTE
was engaged in activities in Tamil Nadu which threatened the territorial integrity of
India.
Text of Indian Ban on LTTE
Ministry of Home Affairs
Notification New Delhi
under Unlawful Activities (Prevention)
Act, 1967 (37 of 1967)
S.O.330(E)
Whereas the Liberation Tigers of Tamil Eelam (hereinafter
referred to as the LTTE) is an association actually based in Sri Lanka and having
sympathisers, supporters and agents on Indian soil and whereas -
(i) LTTE's objective for a homeland for all
Tamils disrupts the sovereignty and territorial integrity of India and thus appears
to fall within the ambit of an unlawful activity;
(ii) LTTE has created the Tamil National Retrieval Troops (TNRT) and
encouraged and aided its members to undertake unlawful activities in India;
(iii) LTTE encourages and aids United Liberation Front of Assam (ULFA)
which is an unlawful association;
(iv) Persons and organisations derive inspiration and encouragement from
LTTE for their unlawful activities as well as activities punishable under section 153B of
the Indian Penal Code;
And whereas the Central Government is of the opinion that because the
activities of the LTTE, it is necessary to declare the LTTE to be unlawful with immediate
effect;
Now, therefore, in the exercise of the powers conferred by sub-section (1)
of Section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central
Government hereby declares the Liberation Tigers of Tamil eelam to be an unlawful
association and directs in exercise of the powers conferred by the proviso to sub section
(3) of that section that this Notification shall, subject to any order that may be made
under section 4 of the said Act, have effect from the date of its publication in the
Official Gazette.
[F.No.1-11034/57/92-IS DI(B)]
Ashok Bhatia, Jt.Secy.
