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The Federal Court rejects a taxi driver’s bid to delist the Liberation Tigers of Tamil Eelam as a terrorist group. – AFP pic, September 29, 2022.

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

In the court’s decision, Justice 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 relates 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 Zabariah Mohd Yusof and 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.

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On February 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 court dismissed it on September 17, 2020.

Balamurugan, 40, lost his subsequent appeal at the Court of Appeal on April 14. On May 20, he filed an application for leave to pursue his appeal at 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 November 12, 2014.

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

In today’s online proceedings, lawyers Ambiga Sreenevasan, 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, September 29, 2022.


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