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 governments 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.
