Former home minister Ahmad Zahid Hamidi backed the listing of the Liberation Tigers of Tamil Eelam (LTTE) as a terrorist group in 2014, five years after the militant organisation was defeated by the Sri Lankan armed forces in a civil war.
In an affidavit-in-reply to a legal challenge to delist LTTE from the gazette, the former deputy prime minister said that the listing of LTTE was valid after taking into account the lingering risk to national security posed by remnants of the group that fled to Malaysia.
According to the cause papers sighted by Malaysiakini today, Zahid (above) said that between 2009 and 2014, the police had arrested and deported from Malaysia several LTTE members including KP Selvarasa Pathmanathan who claimed to be successor to slain LTTE supremo Velupillai Prabakharan.
“Based on intelligence provided by the Royal Malaysian Police, the LTTE group is still active in Malaysia despite the defeat of their armed struggle in Sri Lanka.
“Besides Malaysia, based on intelligence, they still operate in several countries like the US, Canada, the UK, Australia, New Zealand, Norway, Germany, Italy, and France,” Zahid said.
“Even though Prabhakaran was killed in May, 2009 and the war in Sri Lanka came to an end, however, based on intelligence by PDRM, remnants of the group succeeded in entering and taking root in other countries including Malaysia.
“LTTE had made countries such as Malaysia their hiding places to continue their activities such as collecting funds, logistics planning and as a place to regroup and carry out various propaganda activities to reap the sympathy of the Tamil community in order to continue their struggle,” Zahid said.
His affidavit-in-reply is in support of the home minister and the government of Malaysia against a judicial review application by taxi driver V Balamurugan, 38, to delist LTTE as a militant organisation.
Filed at the Kuala Lumpur High Court Registry on Jan 8 this year, the legal action listed the home minister as first respondent and the government as second respondent.
Balamurugan was among 12 individuals who late last year were detained and charged over alleged support for LTTE, among others. However on Feb 21 this year, then attorney-general Tommy Thomas discontinued the terrorism charges against the 12 individuals.
It was reported on Feb 24 that after being discharged and acquitted of the LTTE-linked charges, Balamurugan chose to continue with his legal challenge to delist the LTTE as a militant group.
Before becoming the current prime minister, Muhyiddin Yassin was home minister from 2018 to earlier this year while Zahid was home minister from 2013 to 2018.
Through the affidavit-in-reply, Zahid said that the LTTE was gazetted as a militant group by the Malaysian government on Nov 12, 2014, following an application to list the group made by the Special Branch on Oct 9 the same year.
He noted that the application was premised on the LTTE then being involved in terrorism activities that included arranging, giving support and carrying out terrorist activities.
“Besides that, based on information provided, there were attempts to perpetrate, take part in the perpetrating or enabling terrorism acts in Malaysia,” Zahid claimed.
He noted that the police detected the LTTE diaspora network in Malaysia as far back as 1991 when the police foiled an attempt by the organisation to smuggle weapons into the country via the ship MV Sunbird through the waters of Penang.
He said that the police intelligence further found that the LTTE had not only succeeded in infiltrating Malaysia but had also managed to recruit professionals from among the Tamil community in the country in order to form the group’s diaspora network here, among others.
“I sternly emphasise that the Order for Specified Entity (in relation to LTTE) was made in line with Sections 66B and 66D of Act 613 (Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001) which is a valid order in accordance to the law.
“I have also been advised by the senior federal counsel that the order does not contravene Articles 5(1), 8(1), 10(1)(a), 10(2)(a), 10(2)(b) and 10(2)(c) of the Federal Constitution and the issue will be further submitted during the hearing (of the judicial review application).
“I state that after the order to gazette entity was gazetted and throughout my tenure as home minister, no party had applied to annul the order per Section 66B(6) of Act 613,” Zahid said, adding that Balamurugan's judicial review application had no merit and was frivolous and vexatious.
Article 5(1) states that no person shall be deprived of his life or personal liberty except in accordance to the law, while Article 8(1) states that all persons are equal before the law and entitled to equal protection of the law.
Article 10 spells out every citizen's fundamental right to freedom of speech, assembly and association, among others.
Section 66B states that a home minister may list a group as a specified entity in the gazette after being satisfied with information given by a police officer that the said group is involved in terrorism activities, among others.
Section 66D states that the home minister, through an order published in the gazette, may require a person or group of persons to declare whether they are in possession or control of terrorist property, among others.
Zahid also claimed that Balamurugan had no locus standi (legal right to file the legal action) because the applicant has been discharged and acquitted of the LTTE charges, among others.
When contacted by Malaysiakini this afternoon, Balamurugan's lawyer Omar Kutty confirmed that they have been served with Zahid's affidavit-in-reply. - Mkini
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