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Taxi driver’s leave to appeal over delisting LTTE as terrorist group rejected

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29 September 2022 03:50 pm - 5     - {{hitsCtrl.values.hits}}

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The Federal Court in Malaysia today dismissed a taxi driver’s application to obtain leave to proceed with his appeal in a bid to delist the Liberation of Tigers Tamil Eelam (LTTE) as a terrorist group.

In the court’s decision, Justice Datuk Vernon Ong Lam Kiat, who led the three-member panel of judges, said after considering the arguments raised and perusing the appeal records, leave was refused with no order as to cost as the matter related to public interest.

He said the five questions proposed by V. Balamurugan’s lawyers did not meet the threshold requirement under Section 96 of the Courts of Judicature Act 1964.

Sitting on the panel with Justice Vernon were Justices Datuk Zabariah Mohd Yusof and Datuk Seri Hasnah Mohammed Hashim.

The questions presented by Balamurugan’s lawyers related to the scope and limits of the Home Minister’s power in declaring entities under Section 66B(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

On Feb 6, 2020, Balamurugan obtained leave from the High Court to commence a judicial review seeking a court order to delist LTTE as a terrorist group in the country. After hearing his judicial review, the High Court dismissed it on Sept 17, 2020.

Balamurugan, 40, lost his appeal at the Court of Appeal which was dismissed on April 14, this year. Last May 20, he filed an application to seek leave to pursue his appeal to the Federal Court.

In his judicial review, naming the Home Minister and the government as respondents, Balamurugan sought to declare the LTTE details in the gazette as null and void and the listing of LTTE as unlawful because it was ultra vires to the Federal Constitution.

He also wanted a certiorari order to quash the listing of LTTE in the gazette, Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities (Declaration of Specific Entities and Reporting Requirements (Amendment) 2014, dated Nov 12, 2014.

Balamurugan was among 12 individuals charged in late 2019 over alleged support for the LTTE. However, in February 2020, the then Attorney-General Tan Sri Tommy Thomas dropped the charges against them.

In today’s proceeding conducted online, lawyers Datuk S. Ambiga, Lim Wei Jiet and Omar Kutty Abdul Aziz represented Balamurugan while senior federal counsel Ahmad Hanir Hambaly @ Arwi and federal counsel Ng Wee Li appeared for the government. - Bernama


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  • No to UNHRC Thursday, 29 September 2022 06:32 PM

    Good. The LTTE sympathetic diaspora is still strong. Even youth of the diaspora are brainwashed by their awful parents into wanting to break up our nation into at least two parts. It is the diaspora which asking MPs in the country where they live to keep the UN HCR poking into matters from 2021 and before which are better not delved into during the current time of other human rights violations. The LTTE sympathetic diaspora so obsessed with past matters and don't care at all about the fight for freedom happening now. The Tamil people and North and East are more interested in Aragalaya matters and united with youth for a better nation, while the LTTE sympathetic diaspora has their minds in the pre-2010 era.

    Yes to the UNHRC Friday, 30 September 2022 11:55 AM

    And we will be asking our democratic governments to keep on poking. I presume you never enjoyed living in a democratic country where a civil war, killing fellow citizens, is beyond imagination.

    pradeep Friday, 30 September 2022 10:12 AM

    But Malaysia is yet ban the BokoHaram, Alqueda, Taliban, ISS or any other islamic outfit

    Punchi Friday, 30 September 2022 10:41 AM

    Why can’t our powerful security forces of our powerful superior albeit bankrupt beggar 2500 myth of a Buddhist civilisation seek extradition of this Taxi driver and charge him under our draconian PTA

    dickie bird Friday, 30 September 2022 12:26 PM

    Oh ! that how he missed my hire.............lost both. It shows Representatives of the North are leeches living off their people and leave such work to an honest Taxi driver who loves the people.


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