Cabbie fails in appeal to delist LTTE as militant group

 

The Liberation of Tigers of Tamil Eelam (LTTE) will continue to remain on the Home Ministry’s list of banned organisations.

The Court of Appeal today dismissed a taxi driver’s appeal to delist LTTE as a militant group.

V Balamurugan (above) was appealing against the Kuala Lumpur High Court decision on Sept 17, 2020, which dismissed his judicial review.

His counsel Omar Kutty confirmed that the three-person bench chaired by judge Abdul Karim Abdul Jalil unanimously denied the appeal.

The other bench members were judges Abu Bakar Jais and Ahmad Zaidi Ibrahim.

“Through the unanimous decision, the Court of Appeal ruled that the High Court judge had not erred in terms of law or fact.

“The bench found no merit in the appeal and upheld the High Court decision.

“The appeal is dismissed with no order to costs,” the lawyer told Malaysiakini.

Omar also shared a statement by his client, who said he is mulling whether to appeal to the Federal Court.

Balamurugan said it is because the issue involves elements of social justice for all Malaysians.

Besides Omar, his legal team also comprised Ambiga Sreenevasan, Lim Wei Jiet, Muhammad Farhan Fadzil, and Kalai Nilaa.

The two respondents in the appeal - the home minister and the government - were represented by senior federal counsel Ahmad Hanir Hambaly @ Arwi and Ng Wee Li.

Delay in filing

In dismissing the judicial review, then High Court judge Mariana Yahya ruled that there had been a delay in the filing of the judicial review application.

She said that any such filing should have been made within three months of the government gazetting (the LTTE as a terrorist group) in 2014.

On Jan 8, 2020, Balamurugan, 40, filed the judicial review to declare that the LTTE details in the gazette were null and void and that the listing of LTTE as a terrorist group was unlawful, among others.

He was among 12 individuals who were detained and charged in late 2019 over alleged support of the LTTE among others.

On Feb 21, 2020, then attorney-general Tommy Thomas discontinued the terrorism charges against the 12 individuals.

It was reported 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.

The group had been defunct since the Sri Lankan military defeated it in a civil war in 2009. - Mkini