Court dismisses bid to degazette LTTE as terrorist group
The Kuala Lumpur High Court today dismissed a taxi driver’s legal bid to delist the Liberation Tigers of Tamil Eelam (LTTE) as a terrorist group.
Judge Mariana Yahya issued the ruling over V Balamurugan’s judicial review application during proceedings this morning.
It was reported that the court had set today for a decision on Balamurugan’s...
The Kuala Lumpur High Court today dismissed a taxi driver’s legal bid to delist the Liberation Tigers of Tamil Eelam (LTTE) as a terrorist group.
Judge Mariana Yahya issued the ruling over V Balamurugan’s (above) judicial review application during proceedings this morning.
It was reported that the court had set today for a decision on Balamurugan’s judicial review, which listed the home minister and the government as respondents.
The ruling was confirmed by the judicial applicant’s counsel Omar Kutty.
“The judicial review was dismissed, with no order to cost.
“The judge ruled that there had been a delay in the filing of the judicial review application because any such filing should have been made within three months of the gazette (when LTTE was listed as a terrorist group) in 2014,” Omar said.
On Jan 8 this year, Balamurugan, 38, filed the leave application to initiate a 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.
Omar today said that Mariana had also ruled that Balamurugan had already been discharged and acquitted of an LTTE-linked court case, therefore the applicant no longer has locus standi to proceed with the judicial review.
Under the law, locus standi refers to the right or capacity to bring legal action.
On whether an appeal would be lodged over today’s High Court ruling, Omar said that they would first seek the full grounds of the decision, analyse it, and then decide whether to do so.
Senior federal counsel Ahmad Hanir Hambali appeared for the two respondents.
Balamurugan was among 12 individuals who were detained and charged over alleged support of LTTE, among others, late last year.
However on Feb 21, 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.
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