PRISONERS RIGHTS FORUM Vs. UNION OF INDIA

JUDGEMENT

(1.) The order of the Tribunal under the Unlawful Activities (Prevention) Act, 1967, dated 12.11.2010, thereby confirming the declaration made by the Central Government, vide Notification dated 14.5.2010, in exercise of the powers conferred by sub-section (1) of Section 3 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the Act), declaring the Liberation Tigers of Tamil Eelam (in short LTTE), is under challenge in both these writ petitions.

(2.) By the notification in S.O.1090(E), dated 14.5.2010, the Central Government, declared LTTE as an 'Unlawful Association', under Section 3(1) of the Act. It was given wide publicity, by publishing in the Gazettes of both Central and State Governments and by publishing in the news papers 'Daily Thanthi' and 'The Hindu' on 23.5.2010 besides exhibiting it in the notice boards of all public offices.

(3.) Section 4 of the Act, inter alia, provides that if any Association is declared unlawful by a notification issued by the Central Government, the notification shall be referred to the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the Association unalwful and Section 4(2) confers power upon the Tribunal to call upon the Association affected by notice in writing to show cause within 30 days from the date of service of notice as to why the association should not be declared unlawful.