Jain Commission - Growth of Tamil Militancy Chapter 3 sections 21 to 26

Tamils - a Trans State Nation..

"To us all towns are one, all men our kin.
Life's good comes not from others' gift, nor ill
Man's pains and pains' relief are from within.
Thus have we seen in visions of the wise !."
- Tamil Poem in Purananuru, circa 500 B.C

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Growth of Sri Lankan Tamil Militancy in Tamil Nadu
Chapter III - Phase III (1989 -May 1991)

69 A visible change was noticed after the promulgation of President's Rule in Tamil Nadu. The police launched an extensive crackdown on the LTTE assisted by I.B. and several LTTE hideouts in the State were raided and LTTE militants apprehended. The police efforts are summarised below (Annexure M-123 & 124):-

An intensive drive to round up all LTTE elements in Tamil Nadu was launched on 4th February, 1991. The I.B. liaised with the State police and shared specific intelligence to facilitate a crack down. A car coming to Madras from Erode and suspected to bring firearms was intercepted at Walajapet that evening and an important cadre, Udhayan, responsible for fabrication of Arul - 89 RPG shells was taken in. Two transreceivers and two walkie talkies were recovered from the car besides two and half lakhs rupees in cash. Three women cadres were also apprehended.

In a late night raid on a main hide-out in Adyar, Madras the same day, six cadres including Easan (incharge of hawala transactions) and Kumar (till recently the assistant of 'KP' in South East Asia) were nabbed and cash, including foreign currency was seized. An Ind-Suzuki motorcycle, a Fax machine, a transreceiver, forged Indian Passports held by cadres besides documents relating to large scale violation of FERA through hawala transactions were recovered from the place. Captain David (managing LTTE fleet that had three vessels including Elusia and Sea Bird) was arrested from another hide-out in Thiruvanmiyur simultaneously.

A drive to trace Kiruban, who headed the LTTE set- up in Tamil Nadu, was launched on 5th February, 1991. Two important cadres, Thavoor (wireless operator) and Das were taken into custody from an LTTE hideout at Madras. Kiruban was arrested soon after.

The search of the house where wireless station was located led to the recovery of one High Frequency wireless set, ammunition, a walkie talkie, a set of high grade cipher pads and incriminating documents relating to LTTE's close links with the DMK. A motorcycle was also seized.

Other raids conducted in Madras and its outskirts resulted in the arrest of 20 suspected LTTE cadres.

With the arrest of Kiruban, Thavoor, Kumar, Easan, Captain David, Udhayan and Das and with Romeo, Menon, Kesavan, Pathi and Raththi already behind the bars, it was claimed that the most important organisers of the LTTE set up in India were rounded up.

Shri F.C. Sharma, who was I.G. (Intelligence) of Tamil Nadu during February, 1991, to June, 1991, has also, in his affidavit no. 27/92-JCI, spoken about the efforts taken by the State Police towards curbing militancy in the State of Tamil Nadu during the President's Rule. He has submitted that :-

22. ".... immediately after the imposition of President's Rule on 30th. January, 1991, a drive against activities of the LTTE was launched as a result of which 41 LTTE militants were detained under the National Security Act, while some others were arrested and remanded between 1.2.1991 and 21.5.1991. Some local supporters of the Sri Lankan militants were, likewise, detained under the National Security Act. In addition, nearly 205 other Sri Lankan Tamils were arrested and remanded for specific offences. Large quantities of explosives, arms and ammunitions were seized. Sizeable quantities of essential commodities like petrol, kerosine, engine oil and fibre glass boats were also seized. Some Indian currency and foreign currencies, besides gold biscuits, nylon fishing nets and sandalwood etc. was seized....."

Shri F.C. Sharma, however, has also narrated the various constraints which came in the way of the effectiveness of the anti militant police operations in the State. The constraints, as submitted by Shri F.C. Sharma, in his affidavit are :-

"26...... Tamil Nadu police as a whole including the intelligence agencies during the relevant period had to function under serious constraints which affected the outcome of the efforts put in by them in developing effective intelligence about the activities of Sri Lankan Tamils. Some of these constraints were as mentioned below.

i) There is strong ethnic relationship between the Sri Lankan Tamils living in Tamil Nadu.

ii) Sri Lankan Tamils have enjoyed considerable support from a number of political parties and other organizations in Tamil Nadu facilitating local help;

iii) The distance between Sri Lankan coast and Indian coast is hardly about 22.00 nautical miles which can be easily covered in speed boats in about 45 minutes to one hour thus enabling a person to travel from Sri Lankan soil to Indian soil and back many times over during the course of a day.

iv) Our Navy and Coast Guard vessels at the relevant time were heavier and slower when compared to the speed-boats used by the Sri Lankan militants. Besides, there were comparatively fewer patrols along Indian and Sri Lankan coasts by these two agencies during that time.

v) Apart from field enquiries or interrogation of suspects, there has been no reliable data to establish the identity of a Sri Lankan Tamil. There was, therefore, no reliable methodology available to identify and segregate militants from refugees.

vi) There were nearly 1,20,000 Sri Lankan refugees living in various camps in Tamil Nadu in May 1991. It was estimated that about 50,000 more Sri Lankan Tamils were staying in Tamil Nadu without having registered themselves with any agency. This apart, nearly a thousand known Sri Lankan militants, their relations and supporters belonging to various Sri Lankan militants groups were lodged in special camps where security measures were slightly better than in the ones in ordinary refugee camps.

vii) The refugees staying in camps could roam about freely anywhere in Tamil Nadu or even go to Sri Lanka and come back.

viii) When lodged in special camps, suspected Sri Lankan militants were prone to resort to hunger strike or other pressure tactics to seek freedom of movement. Wife of one such suspected supporter of a militant group moved the Hon'ble Madras High Court challenging his being lodges in a special camp.

How effective was the crackdown? It is seen that it was this period during which the Intelligence group of the LTTE cadres, led by Sivarasan, one of the key accused in the case relating to the assassination of Shri Rajiv Gandhi, went about their job undeterred and managed to carry out the assassination of Shri Rajiv Gandhi.

Evidence of the period also indicates that during March, 1991, fresh wireless sets were installed by the members of the Intelligence Wing of the LTTE in Madras which were extensively used to pass coded messages to LTTE Intelligence Hq. at Jaffna.

Shri N.V. Vathsan, the then Joint Director, S.I.B., Madras, has admitted during his deposition that, during the Presidents' Rule all the active LTTE cadres could not be rounded up. He stated :-

"Before February, 1991 IB had identified more than 180 LTTE operatives in Tamil Nadu. After crackdown in Feb 1991, many of them had fled away. About 40 were nabbed during crackdown. May be after crackdown, there may be some more men who might have come, and we were trying to locate them....."

70 The most eloquent commentary on the ineffectiveness of the State Police machinery as well as the Cen tral Intelligence Agencies is seen in the impunity with which one of the key accused, Sivarasan @ Raghuvaran, the 'one eyed Jack', involved in both Padmanabha assassination case (June 1990) as well as the assassination of Shri Rajiv Gandhi ( May, 1991) - moved extensively in Tamil Nadu and travelled between Tamil Nadu and Jaffna on numerous ocasions.

A chronological sequence of the movement of Sivarasan as is revealed from evidence available to the Commission gives an incriminating account of the fact that movements of LTTE cadres, including their killer squads, during the period 1990 - May 1991 were free, open and unobstructed. It also brings out the woeful inadequacy of the local intelligence with regard to the movement of hard core LTTE killer squads in Tamil Nadu.

An account of the movement of Sivarasan is found in the affidavit of Shri S. Sripall (no. 40/92-JCI). This information, as per the affidavit, is based on the investigation conducted in three cases :- Padmanabha assassination case, R2 PS Cr. No. 1205/90, Kenikarai P.S. Cr. No. 107, 108/90 & Devipattinam P.S. Cr. No. 42/90 (Pattinamkathan shootout cases) and Dindigul Taluk P.S. Cr. No. 1212/91 (TNRT case).

As per the TADA statement given by accused Chinna Santhan in Padmanabha case before the 'Q' Branch, on 21.10.91, on 15th February, 1990 Sivarasan came with Santhan to Kodiakkarai, stopped over at the house of Kodiakkarai Shanmugham and went to Madras via Trichy by bus on 16th February.

As per affidavit no. 40/92-JCI, of Shri S.Sripall, Sivarasan, at Madras, instructed Santhan to move closely with the EPRLF cadres, get information about the movements of Padmanabha and pass it on to him.

As per the affidavit, Sivarasan returned to Tamil Nadu in June, 1990 with other members of the killer squad of Padmanabha - Daniel, Dilip and Ravi. They stayed at Tiruchy. Ten days before the assassination of Padmanabha, they went to Madras and stayed at the house of another accused, Jayabali. On 19th June, 1990, the killer squad assassinated the EPRLF cadres, including Padmanabha, at Madras on 19th June, 1990, and returned to Jaffna two days later by boat from Subbaiah Pillai thope near Vedaranyam.

As per the affidavit of Shri S. Sripall, Sivarasan came to Madras and met Jayabali during October, 1990, and asked him whether the police had been enquiring about him in Padmanabha case.

As per the contemporaneous reports of the S.I.B., Madras, Sivarasan was found to be in Vedaranyam area of Thanjavur in November, 1990, in the company of four LTTE cadres of the Intelligence wing, including one Rajaguru. They were reportedly moving around in a Bullet motorcycle.

Investigation conducted in the case of assassination of Shri Rajiv Gandhi disclosed that Sivarasan came to Tamil Nadu during December, 1990, alongwith Ravichandran @ Ravi and Suseendran @ Mahesh of TNRT.

Sivarasan, during December, 1990, visited Vijayan - an accused in Shri Rajiv Gandhi assassination - at Tuticorin and advised him to take a house at Madras so as to accommodate some more LTTE cadres who were expected to arrive soon.

During his stay in Madras in the month of January and February, 1991, Sivarasan was frequently meeting Ravichandran @ Ravi. Thereafter Sivarasan left for Jaffna through Kodikarai.

Sivarasan returned to Madras during mid March 1991. On this occasion he brought gold to be used for financing the operation. He got this gold converted into cash through Shanmugavadivelu @ Thambi Anna and left the cash with the latter to be drawn in instalments to achieve the objective of the conspiracy.

In April 1991, Sivarasan visited Vijayan at Tuticorin and asked him to go over to Madras and take a house and financed him for this purpose.

Upto 15.04.91, Sivarasan was actively moving about in Madras city, meeting Haribabu, Nalini, Murugan Ravichandran @ Ravi, Arivu, Bagyanathan and Padma - all accused in Shri Rajiv gandhi assassination case - and thereafter left once again for Jaffna.

On 1st. May, Sivarasan returned to Tamil Nadu with the killer group comprising himself and 8 other LTTE cadres including the human bomb. This group was received at Kodikarai by the workers of Shanmugam and other LTTE cadres in the early morning of 01.05.91.

Sivarasan, Dhanu, Subha and Nehru reached Madras on 02.05.91. Sivarasan took them to Vijayan's house and settled them there. A wireless equipment was also clandestinely installed there and operated by Nehru. Sivarasan himself stayed with Jayakumar.

As per the I.B. reports, Sivarasan was sighted in April, 1991, by the I.B. on 13th. April, 1991, at Anna Nagar, Madras. The local police were alerted, but neither the I.B., nor the local police succeeded in nabbing him.

Investigation in Shri Rajiv gandhi's assassination further disclosed that on 7th/ 8th May, 1991, Sivarasan attended the public meeting addressed by Sh. V.P.Singh former PM at Nandanam, Madras, and managed to take a seat in press enclosure very close to the dais. This was the 'dry run' being conducted by him and the other accused including the human bomb.

Advance information available with Intelligence Bureau regarding the movement of LTTE cadres who were subsequently found involved in the assassination of Shri Rajiv Gandhi

Before the assassination of Shri Rajiv Gandhi, there existed several indicators that a special squad of the LTTE's Intelligence Wing had been operating in Tamil Nadu.

During the President's Rule in Tamil Nadu, it was known to the intelligence agencies that wireless messages were being exchanged in complicated codes between Jaffna and Tamil Nadu. These messages were proof of the existence of a clandestine wireless network in Tamil Nadu. Some crucial wireless intercepts containing LTTE messages of March,1991, were found to have a direct bearing on the preparations being made by the LTTE for the assassination of Shri Rajiv Gandhi. Two such coded messages, passed between LTTE cadres in Tamil nadu and LTTE HQs at Jaffna were intercepted on 21st. and 22nd. March, 1991. (Ex 37 & 38). The first message stated "Rajiv Gandhi is coming to Madras on this 30". The second message stated "(should) attempt at Madras or at the Capital? If in Capital, it requires strenuous efforts and sufficient time. If to attempt on (Date) give reply."

Shri N.V. Vathsan, the then Joint Director, I.B. based at Madras, has deposed before the Commission about the wireless transmissions of the LTTE during this period. He stated :-

"All such intercepted messages were sent to IB Hq. for attempt at decoding as we did not have the required expertise at SIB level. ..... the wireless communication were monitored physically and the relevant transactions were recorded on to a tape. Subsequently, the records in the tapes were transcribed on the paper ... sent to IB Hq. for breaking. During my tenure, nothing was decoded to my knowledge and I did not get any feedback from the IB Hq. ...... All the coded messages upto March, 1991 were sent to IB Hq. and they remained unbroken. .......

A few months before the unfortunate assassination of Shri Rajiv Gandhi, we noticed quite an increase in the traffic on the intelligence network of the LTTE and as there was no response from the IB Hq., we were trying our best to study the coded messages ourselves."

Major General Yashwant Deva of the Indian Army - a communication expert - while deposing before the Commission held the view that had surveillance been mounted on the wireless network, wireless bases located, and wireless intercepts decoded, the assassination could have been, perhaps, averted.

A study of the information available with the I.B. during the months prior to the assassination discloses that they had gathered random intelligence about the presence and activities of some important LTTE cadres who were later found involved in the assassination of Shri Rajiv Gandhi.

There also existed vague information about a squad of LTTE militants belonging to the Intelligence Wing of LTTE, but no specific information about their deadly mission could be gathered (Annexure M- 125 & M-126):-

Information regarding presence of Sivarasan @ Raghuvaran - accused in the assassination of Shri Rajiv Gandhi :-

"The Police raid on Kottiwakkam hide-out of LTTE on Feb.5 1991 resulted in the arrest of important hard-core LTTE elements including KIRUBAN (In-charge of Tamil Nadu set-up of LTTE), THAVOOR (Communications man) and DAS.

(b) Four important cadres belonging to INT wing of LTTE including Raghuvaran ( Sivarasan) (who was involved in the assassination of Padmanabha, the EPRLF leader) and Rajaguru are in Vedaranyam area since Nov. '90. They are supposed to be using bullet motor cycles and leading a deceptive but luxurious life.

4. Four INTELLIGENCE men belonging to 'POTTU' (Intelligence Chief of the LTTE) had left MADAHAL, place in Sri Lanka, separately on different dates to reach Vedaranyam two months ago. This information was revealed by smugglers who had taken them across to India. Kiruban, LTTE in charge of the Tamil Nadu unit, had also confirmed the presence of Raghuvaran ( Sivarasan) and three others in Vedaranyam coast. The purpose of their visit is not known ..."

"...Raghuvaran ( Sivarasan) of LTTE who was involved in the massacre of EPRLF cadres including Padmanabha in June 90 at Madras, is presently in Madras. He was sighted at Anna Nagar on April 13, 91."

Information regarding presence of DIXON - accused in the assassination of Shri Rajiv Gandhi

"It is reliably learnt that Dixon, who was earlier manning the clandestine wireless communication station at Madras, has since come back to Tamil Nadu probably on March 3,1991. He is likely to re- establish the links between 'land', London and 'KP'. His arrival had been made known to Kittu in London. Dixon would be code named 'Thingal' for the time being. ( efforts are on to locate Dixon).

"Dixon, a radio operator of LTTE .... has surfaced in Madras on March 17. According to available indications, he was trying to contact 'KP' from Madras. Dixon is suspected to have gone back to Tiruchirapalli on March 17."

Information regarding presence of SANTHAN - accused in the assassination of Shri Rajiv Gandhi (ANNEXURE M-130 & M-131):-

Computer Msg No.359/91 dated 29.03.1991 from JD/SZ, Madras (N.V.Vathsan) to D.I.B.

"...... Santhan who held charge of the Trichy unit till mid 1990 and went back to 'land' has been sent to Tamilnadu and is holding charge in Tamilnadu since mid Feb. 1991.

... A new radio operator with wireless communication set has also arrived in Tamilnadu along with Santhan ....

"It is reliably learnt that Santhan (LTTE) who had taken over charge of the LTTE set-up in Tamilnadu, since mid February has stationed himself at Tiruchirapalli. He is reported to be staying with one 'Bakkar'- probably an Indian patron known to Santhan during his earlier stint in Tiruchirapalli."

All these scattered pieces of information are, restrospectively, extremely significant. This Commission would be examining this aspect in depth while conducting an inquiry into the conspiracy aspect.

Imposition of President's Rule may, or may not prove panacea for the ills for which it is imposed. As a matter of fact, it did not prove so, as is quite evident from the movements of Sivarasan, including the 'dry run' and other LTTE activities during the period.

71 Tamil chauvinism got a new lease of life in Tamil Nadu after the signing of the Indo Sri Lankan Accord. The IPKF operations provided a pretext to the Tamil Chauvinistic elements to exploit the Tamil sentiments in the State and whip up sympathy for the cause of the LTTE. The growth of Tamil chauvinism took an ominous turn when some rabid elements of regional chauvinistic parties actively began preaching secessionism.

Whereas, certain regional chauvinistic parties used the public platform to muster support for the cause of the LTTE, certain other parties lent covert support to the LTTE activities and lent substantial assistance in their clandestine operations.

However, a more sinister development during the period was the raising of an organisation of Tamil youth armed and trained by the LTTE, who were sent back to India to operate on Tamil Nadu soil and work for the ultimate objective of achieving a Greater Eelam - which included Tamil Nadu as well. These secessionist elements called the TNRT had spread their tentacles well into the heartland of Tamil Nadu before they were detected and neutralised.

The following regional parties were indulging in staunch pro LTTE activities during the period :-

71.1On the political side, pro-LTTE elements in Tamilnadu like Ramakrishnan and Kulathur Mani had been building up pro-Tamil sentiments and trying to mobilise the student community. Several strikes, bandhs and processions were organised by these parties in support of LTTE cause.

Ramakrishnan, dissident DK leader of Coimbatore organised a strike by the students of Arts College, Coimbatore (June 28 1990). The efforts of the student to burn the effigies of Premadasa and Ranjan Vijayaratne were thwarted. Cars of Gopalaswamy, with the DMK flags were found to be used by LTTE to transport wounded cadres from the coast to interiors.

K.Veeramani, DK leader who visited US met some LTTE expatriates and sent message to his deputies in Tamilnadu to extend all possible help to the LTTE in procuring medicines, cloth, food items, etc. and arrange transportation facilities.

Salem district, DK (Veeramani group) celebrated the birthday of Prabhakaran by organising a poetry session and a seminar on January 11, 1991. The speakers warned that if the state Government was to be dismissed on the LTTE issue Tamilnadu would form a Government of its own.

Aruchamy of DK(R) and three others were arrested at Coimbatore on 12.08.1989 and arms and ammunitions were recovered from them. At their V.P.Engineering Works, 78, South Street, Avarampalayam the Indian sympathisers of LTTE along with two militants Kilian @ Kili Annan and Palaniappan entered into an agreement to manufacture and possess fire arms without any valid license. The workshop manufactured parts of AK-47 rifle and parts of RPG Shells.

When the LTTE cadres were rounded up immediately after the dismissal of the DMK Government, Kulathur Mani and Veerasekaran, DK activists were found running around to get the arrested cadres released on bail.

K.Veeramani, General Secretary, reacting to the strong measures against the LTTE warned (Mds/March 18, 1991) that if the Centre continue to place curbs on the procurement of supplies by the LTTE in Tamilnadu the Dravida Kazhagam would not hesitate to procure supplies for the LTTE.

After the assassination of Shri Rajiv Gandhi, some more activities of the DK members came to light. The apprehended Indians included one Irumporai(October 3, 1991) a DK activist and a staunch supporter of the LTTE who was proceeding to Jaffna as a courier carrying some letters in Tamil from Santhan the successor of Kiruban to LTTE leader V.Prabhakaran. During interrogation Irumporai revealed that the role assigned to him included extending assistance to the injured LTTE cadres undergoing treatment in Tamilnadu, besides, arranging shelter. Santhan also specifically assigned to him the task of arranging the escape of Sivarasan and Subha the prime suspects in the assassination of Rajiv Gandhi.

Among others apprehended were two staunch pro-LTTE DK cadres - Ravi @ Ravichandran and Suchindran alias Mahesh, a district Youth Wing organizer of the DK (R). During Interrogation, Ravi and his associates indicated a well planned move of Pottu Amman, the LTTE INT Chief, to organise a committed pro-LTTE squad in Tamilnadu which could undertake actions at his behest. The activities of TNRT have been discussed later in the chapter.

71.2 The Tamilnadu chauvinist groups predictably started campaigning for support to the cause of LTTE in its struggle against Government of Sri Lanka. P.Nedumaran, President Tamil Nationalist Movement(formerly TNKC) demanded that the Chief Minister should provide medical relief to all those injured cadres coming from Sri Lanka. He held Rajiv Gandhi responsible for the prevailing state of affairs in Jaffna area and appreciated the stand of the NF Government.

P.Nedumaran, who was released from judicial custody on June 30 (he was arrested while attempting to hold a conference for Self-Determination of SL Tamils in Thanjavur on June 8) found fault with the Tamilnadu Chief Minister for the latter's ambivalent stand on the Tamil Eelam issue. Karunanidhi who was the founder of the Tamil Eelam Supporters Organisation(TESO) in 1986, when out of power, had openly supported the demand for Tamil Eelam and had announced that the TESO had been formed for specific purpose of mobilising support for the Eelam.

However, Karunanidhi, after coming to power, was not forthcoming over the issue since he was afraid of losing power at the instance of Opposition Political parties such as the Congress(I) and the BJP. He also recalled that just as was done during the Bangladesh war when the West Bengal Government gave refuge to all those coming from East Bengal and offered medical treatment to the injured, Karunanidhi should extend similar facilities to all LTTE cadres arriving from Sri Lankan Tamil areas. While criticising Rajiv Gandhi as responsible for the present state of affairs in Jaffna, Nedumaran appreciated National Front Government for its present stand on the Sri Lankan Tamil issue and wanted that it should exert pressure over Sri Lanka to stop aerial bombing.

P.Nedumaran had urged (Mds/July 15) that the Government of India should recognise the LTTE on par with the PLO.

71.3 The PMK, like other chauvinist organisations, whipped up sympathy for the LTTE. Dr. S. Ramadoss, founder President of Pattali Makkal Katchi (PMK) wanted the Government of India (June 21, 1990) treating the present conflict as a 'racial' and 'genocidal' attack on Sri Lankan Tamils and appealed to the Chief Minister of Tamilnadu to compel the Centre to take firm action disregarding the hue and cry raised by anti-LTTE elements.

71.4 As per information furnished by Intelligence Bureau, (ANNEXURE M-133) Tamilar Pasarai (Bastion of Tamils), a militant out-fit came into being during 1987 with the avowed object of achieving 'separate Tamil Nadu' from the Union of India through armed struggle as homeland for Tamils. The nuclei behind the floating of such an extremist organisation were reportedly Elango (an ex-employee from BHEL, Trichy), Prof. Nedunchezhiyan (of E.V.R. Government College, Trichy who is now in detention under TADA), Veerasingham (Correspondent of Oxford School, Thanjavur) and Guna (founder of Forum of Research on Tamil Nadu-FORT). Presently, this organisation is functioning under the supervision of Elango and Sumkumar, both hailing from Trichy district. While Elango @ Kumaran @ Ravi was a DMK element exhibiting Tamil Chauvinistic feelings, Sukumar had his moorings with the Tamil Nadu Communist Party (Marxist-Lenist) led by late Tamilarasan, now a defunct organisation which advocated the rights of self-determination for Tamils. Both these leaders are still at large.

During the period between 1987-90, when the activities of the Sri Lankan Tamil militant out- fit LTTE were at its zenith without any hindrance in Tamil Nadu, the Tamilar Pasarai had lent its helping hand to Tigers in all conceivable means including fund raising, transportation of goods and propaganda blitz for them. Later on this out-fit became a surrogate organisation of the LTTE in Tamil Nadu and indulged in activities like providing support to the remnant LTTE fugitives.

Tamilar Pasarai, it is learnt that with a view to imparting armed training to its cadres by the LTTE had sent its batch (10) to Sri Lanka through clandestine sailing during 1988-89. Another batch of cadres (10) was sent again during January 1991. The estimated strength of its cadres is around 28.

This organisation attempted to make its presence felt by planting an electronic time device bomb at the Secretariat, Madras on September 22, 1990 when the National Integration Council meeting was scheduled to be held there. However the bomb did not explode due to the timely detection by the Police. Following failure of its mission, the Tamilar Pasarai which also planned to plant a time bomb device at Koodangulam Nuclear Project in Kattabomman-Tirunelveli district had shelved its execution. Another instance of Tamilar Pasarai cadres involving in criminal activities (robbery) came to light when they snatched the cash from a teacher at Mannargudi in Thanjavur district on August 6, 1994.

71.5 Tamil National Retrieval Troops was an organisation comprising Indian Tamil Youths, who were trained by the LTTE at Jaffna, supplied with arms and wireless sets and sent to Tamil Nadu to set up bases as LTTE front organisation; the ultimate objective of this organisation was to cause secession of Tamil Nadu from India.

These cadres were recruited in Tamil Nadu and sent to Sri Lanka in batches during the period May, 1990 to December, 1990, and, after training and being armed, they returned to Tamil Nadu in batches during 1991. The key members of TNRT, namely Ravi, the leader and Mahesh, deputy leader were found involved in the assassination of Shri Rajiv Gandhi and are presently facing trial.

The TNRT was exposed during raids by local police at Dindigul, near Madurai, in September, 1991, when a number of TNRT cadres were arrested. Subsequent investigations led to more arrests and seizures resulting in the busting of the organisation.

Shri S. Sripall, former Director General of Police, Tamil Nadu has summed up the genesis of the TNRT in his affidavit submitted before the Commission as follows :-

28. .... Ravi @ Ravichandran, a native of Aruppukottai in Kamarajar district, joined the LTTE Office in Madras as an errand boy in 1988 when Kittu @ Krishnakumar was incharge. Ravi was arrested during August in the same year along with Kittu and other LTTE cadres by the Madras City Police for indulging in activities prejudicial to the security of the country. He gave a false name and claimed to be a Sri Lankan national. As such, he was sent to Jaffna along with LTTE cadres. In Jaffna, he came in contact with Pottu Amman, the LTTE Intelligence Chief. On Pottu Amman's direction, he came to India, contacted some D.K. activists (Ramakrishnan group) and Ravi and 9 others left for Jaffna in May, 1990 in a LTTE boat. They were all trained in Jaffna under Pottu Amman's tutelage in use of arms and explosives and this group was named as 'Tamil National Retrieval Troops' of which Ravi was the leader with Mahesh @ Suchindran was Deputy leader.

29. .... the aims and objects of this group were to annihilate some political leaders opposing the LTTE ideology and "Tamil Traitors" and to create a separate Tamil Nation in India. This group was also to function as supply line for the materials required by the LTTE in Sri Lanka as and when a situation arose where LTTE was not able to function independently and openly in India. The group was provided arms, ammunitions, explosives, wireless sets, and gold biscuits to enable them to carry out their activities in Tamil Nadu. They came to Tamil Nadu in three groups between December, 90 and October 1991. After the assassination of Thiru Rajiv Gandhi, Ravichandran ferried Kanthan and Ramanan (LTTE cadres wanted by the Special Investigation Team, C.B.I) to Jaffna and Ravichandran returned to Thondi in Ramanathapuram on 10.9.1991."

The Justice Nag Tribunal, (Annexure M-135) before which the issue of banning the LTTE in India had come up, in its order dated 20th November, 1992, narrated the details of the secessionist designs of the TNRT. It is stated in the order :-

"...... these accused went to Sri Lanka Clandestinely in LTTE boat and got weapons training with LTTE under the command of Pottu Amman, LTTE Intelligence Chief. They have stated that they went to Sri Lanka and formed Tamil National Retrieval Troop with the object:

iii) to indulge in disruptive activities and made preparation to fulfil their object by procuring arms and ammunitions, bombs, wireless sets and other explosive substances, to look Police armouries in Tamil Nadu for the said purpose, to strike terror among the people by annihilating public servants or persons bound by oath under the Constitution "To uphold the sovereignty and integrity of India".

These disruptive activities have the effect of threatening the sovereignty and territorial integrity of India..... "

Intelligence reports (Annexure M-134) have listed out the activities of the TNRT. Some of the cadres of the TNRT were actively involved in harbouring and assisting the LTTE killer squad which was responsible for the assassination of Shri Rajiv Gandhi. Ravichandran and Suchindran were in direct touch with Sivarajan and Subha and had harboured them at Pollachi when the SIT was in pursuit of the fugitives. Kanthan and Ramanan (members of the squad) were sheltered by Paulraj, Veerakumar and Thirunavukkarasu. The TNRT activists also assisted the LTTE squad to house their wireless stations in different places. Ravichandran and Suchindran organised a sailing on September 10, 1991 for Kanthan and Ramanan to escape from Tamil Nadu and reach Sri Lanka. Ravichandran and Suchindran were arraigned as accused in the case relating to the assassination of Shri Rajiv Gandhi.

Out of all the Tamil chauvinist organisations, the TNRT was, by far, found to be the most brazen front organisation of the LTTE operating in India. The existence of this organisation and its activities significantly contributed to the decision of the Government of India to ban the LTTE and this decision was subsequently upheld by Justice Nag Tribunal.

72 While tracing the sequence of events of the entire period, the activities of the LTTE with regard to large scale arms procurement deserve to be adverted to, since a significant volume of arms consignments procured by the LTTE from the world market are seen to have been either routed through Tamil Nadu or, their transportation coordinated by LTTE cadres based in Tamil Nadu. There is also evidence to indicate that such consignments of smuggled armaments were also stashed away in Tamil Nadu in order to commit terrorist acts in India.

72.1 Indications of arms procurement by the LTTE at a large scale from international arms bazaar have come to light during the investigation of several cases connected with LTTEs shipping activities.

LTTE has been owning a fleet of ships, which are used for large scale smuggling and transportation of arms etc.

An example of this is the seizure of one vessel of the LTTE, a trawler called 'Tong Nova' which was intercepted by the Indian Navy in Indian waters during November, 1991. The charge sheet in this case (Ex. TN 39), filed by Tamil Nadu Police, gives an indication of the LTTE's modus operandi towards arms procurement and transportation :-

".... KP @ T.S. Kumaran is a Sri Lankan and one of the leaders of the LTTE organisation who is in- charge of procuration of arms and ammunitions clandestinely from Bangkok and other places and to transport them in the trawler M.V. Tongnova for use by the LTTE in their illegal activities. .. KP @ T.S.Kumaran alongwith A.S.Shanthakumar @ Rajan, .... Easan @ Easwaran and ... Sigirthakumar, established a dairy farm in the year 1988 at Perumugai, Vellore for ostensible purpose of dealing in milk products. But wireless receiver sets were installed in these premises for contacting the leaders of the LTTE organisation at Jaffna and getting instructions regarding concealment of arms and ammunitions in Tamil Nadu surreptiously brought in by ship for commission of Terrorist acts.

...... at Maniantheevu near Kodiakkarai during June 1991, .... Balendran received a consignment 4 (four) boxes containing a wireless receiver set, 9 mm pistols, live cartridges of AK- 47 and 9 mm from Balan brought in the trawler m.v. TONGNOVA in which arms and ammunitions procured illegally from Bangkok were transported and part of the arms and ammunitions unloaded at Mullaitheevu for use by LTTE in Sri Lanka. .... Balendran concealed the above said as consignment at Maniancheevu and later handed them over to persons entrusted with the work of committing terrorist acts in Tamil Nadu."

In another instance, an LTTE ship, M.V. Ahat was intercepted by the Indian Navy on 14th January, 1993, and brought to the Madras Port. Investigation revealed that the ship was carrying a large consignment of arms. The ship sank off the Madras Port after catching fire.

Interrogation of the Captain of the ship - V. Jayachandra, who had survived, gives an indication that LTTE activities regarding large scale arms procurement from foreign countires had been going on since 1984. In his TADA statement, recorded by the CBI, V. Jayachandra, inter alia, disclosed that :-

TADA Statement of Shr.Vairamuthu Jayachandra S/o Vairamuthu in RC 1/(S)/93/CBI/VSP ( MV Ahat case) on 16.03.93.

" Sugumaran ..... was incharge of the jetty belong to Tigers at Vedaranyam sea shore during the year 1984. In July 1984, Sugumar met me and said that LTTE arranged for running a ship and asked me whether I was willing to work there. I agreed .... Then I was brought to Singapore. In October 1984, initially I joined as a 2nd officer in the Chola, the ship belongs to the Liberation movement. Then I worked in many ships belonging to the Liberation movement. The details are as follows:-

When I worked in the ships Cholan, Illiyana, Sea Horse, Golden Bird, Ali, Tongnova, Yahata, I brought arms for Tigers. David @ Captain Piraisudi is the person who started the Tigers Shipping Corporation initially. His younger brother Jothi is working as a 2nd engineer in Sunbird,a Tiger ship. I had given training at Mallipattinam base of tigers Naval force during the period from December 86 to January 87. I had stayed at Thiruvanmiyur in Madras from September 86 to March 87 and at Karaikal from September 89 to December 89. The person purchasing arms for Tigers is Kumaran alias, KP alias Kumaran Padmanabhan Nathan and Captain Vijayakumar are all assisting him, now all of them are in Thailand.......

During February, 1991, Captain David @ Piraisoody, who started the LTTE shipping activities, was arrested in Madras during the police crackdown following imposition of President's Rule in Tamil Nadu. His interrogation by the Intelligence Bureau led to disclosure of more detailed information about the activities of the LTTE in arms procurement. Relevant extracts are reproduced below :-

8".....Further interrogation of David revealed the following points of our interest.

1. 'KP' has been dealing not only with the Financial transactions of the LTTE but also in procuring arms and ammunition, communication equipments, Fibre glass boats/engines and other essential electronic gadgets for his organisation.

2. Most of the arms and ammunition required by the Tigers are purchased through the underworld arms dealers operating in various European Countries such as UK, West Germany, Yogoslavia, Belgium, France, Austria and Cyprus. 'KP' has been in this line since Aug. '86'. Earlier Shankar @ Sornalingam of the LTTE had been dealing in purchase of arms from the underworld arms dealers. ......

3. The LTTE has been purchasing arms and ammunition worth three to four million US dollars per annum through the contacts of 'KP' since 1986......."

The above reports give an indication of the extensive arms procurement efforts of the LTTE from 1984 onwards. They also give a glimpse of the global activities of the LTTE. This Commission would be dealing with this aspect in details while conducting an inquiry into the conspiracy aspect.

In order to prepare for a long term struggle with the Sri Lankan Armed Forces as well as after the IPKF operations, the LTTE continued to get its finances globally and continued to seek supplies of arms from the international market, in no way depending on India, though, sometimes, supplies were routed through the Tamil Nadu shores. Whenever such transportation through Indian shores took place, that could have been checked.

72 Detailed arguments on this aspect were heard of the Counsel for the Central Government Shri B. Datta; Counsel for AICC (I), Shri R.N. Mittal; Counsel for the Commission Shri S.S. Javali; Advocate General of Tamil Nadu, Shri R. Shanmughsundaram on behalf of the Tamil Nadu Government; Shri Rakesh K. Sharma, Counsel for the DMK and Shri N. Natarajan, counsel for Shri Karunanidhi.

Shri B. Datta, learned counsel for the Central Government argued that the role of the Central Government in attempting to resolve the ethnic crisis in Sri Lanka was a historical and political necessity. After the ethnic riots in Sri Lanka in 1983, Government of India had agreed to use their good offices to bring about a settlement between The Government of Sri Lanka and the Sri Lankan Tamils within the framework of the Sri Lankan

Constitution consistent with the unity and integrity of Sri Lanka. This policy was throughout practiced in order to protect the legitimate interests of the Tamils and nothing more. Signing of the Indo Sri Lankan Accord was a step towards this direction.

Shri B. Datta argued that the State Government was accused by various opposition parties of aiding and abetting the LTTE and secessionist elements in Tamil Nadu. This nexus of the State Government as well as their inability to prevent the murder of Padmanabha were highlighted. Shri B. Datta also referred to the affidavit of the former Home Secretary, Shri N.N. Vohra filed before the Commission dated 22.7.1993 which narrated, in details, the events of the period.

Shri B. Datta contended that the evidence furnished to the Commission in bound volumes indicated that while the IPKF was in the process of de-induction from Sri Lanka, there was a large influx of refugees in Tamil Nadu. In Tamil Nadu, LTTE was taking full advantage of the soft attitude of the ruling party DMK. IB reports also mention that local DMK leaders were supporting the LTTE ; State Police was under constraints to act firmly against the LTTE. Customs personnel were demoralised due to the abduction of the Customs officials and their subsequent release at the instance of DMK higher ups; local DMK leaders of Thanjavur were collaborating with LTTE in drug smuggling in the hinterland; LTTE had revived its grenade manufacturing units in Trichy and 2000 such grenades were reported to be used against IPKF in Sri Lanka; LTTE was also maintaining a clandestine network in Tamil Nadu.

Shri B. Datta quoted the IB reports which indicated that the LTTE was conducting their activities with impunity from Tamil Nadu.

Shri Datta further pointed out that the Prime Minister Shri V.P. Singh had been apprised of these reports which had been marked to his office.

Shri B. Datta also referred to instances where the Home Ministry, on the basis of the I.B. reports, had communicated the information to the Tamil Nadu Government and had received replies from them.

Regarding the LTTE activities in Tamil Nadu, reference was also made of the letter written by Shri P. Chidambaram to the Prime Minister on 28th. December, 1990 which corroborated the reports of the I.B.

Shri Datta put forward detailed arguments with regard to the veracity of I.B. information. He ably assisted the Commission in production of all relevant records in order to arrive at the truth and had been very fair in presentation of the matter.

72.1 Learned counsel for the Commission, Shri S. S. Javali, argued that as per the evidence given by Selvi Jayalalitha with reference to the ethnic problem in Sri Lanka, the policy followed by Smt. Indira Gandhi as well as Shri Rajiv Gandhi was to secure for the Tamils of Sri Lanka their democratic rights but within the framework of United Sri Lanka. This policy remained consistent throughout. Some Sri Lankan organisations such as the LTTE wanted Tamil Eelam. This was not the policy of India. LTTE was generally supported by AIADMK headed by MGR who perceived that no peaceful solution to the problem can be found without involving LTTE in the process. AIADMK followed this policy till the assassination of Rajiv Gandhi when their perception towards the LTTE underwent a change. Quoting the evidence, the Counsel stated that there were several incidents of terrorism during the period 1981 till 1987, when the Indo Sri Lankan Accord was signed.

The induction of IPKF in Sri Lanka made LTTE oppose Rajiv Gandhi and they developed personal animosity towards him. The threat perception reports testify to this.

Referring to the deposition of Shri Vathsan, the Counsel stated that while MGR, during his regime could control the activities and the movements of the LTTE, during the regime of Karunanidhi, there was no control on their activities; the police could not control their activities. V. Gopalaswamy's visit to Sri Lanka was an extremely significant event.

The I.B. reports of Shri M.K. Narayanan give a graphic description of the situation prevailing where it was widely perceived that the LTTE was functioning in Tamil Nadu as an independent and parallel authority and carrying out anti national activities. Local militant groups were also encouraged by the LTTE such as TNM and PMK. A nexus between the LTTE and ULFA had also come to light.

72.2 Shri R.N. Mittal, learned counsel for the AICC (I) stated during his arguments on the militancy aspect that active encouragement was given to the LTTE in Tamil Nadu during the period 1989 -1991 when Shri M. Karunanidhi was the Chief Minister of the State. He contended that there was evidence that the DMK had helped the LTTE; IB reports clearly establish LTTE DMK nexus. Real trouble started due to this approach. Shri V.P. Singh was sympathetic to the DMK Government, which had converted Tamil Nadu into a safe haven for militant activities including arms manufacturing, preparing of hideouts etc. Shri Mittal argued that in this fashion, the LTTE was able to spread its network in Tamil Nadu which actually facilitated the assassination of Shri Rajiv Gandhi.

Shri Mittal has relied upon the oral evidence of various witnesses who deposed before the Commission on this aspect. Reliance has been placed by Shri Mittal on the deposition of S/Shri Chandrashekhar, K. Ramamoorthy, TNCC (I), P. Chidambaram, S.C. Chandrahasan, (Dt. 2nd. September, 1996) Kasi Anandan (CW-20, dt. 11th. September, 1996), Major- General Yashwant Deva (CW 18, dt. 1st. August, 1996), Admiral Ramdass and others which, inter alia, indicate that LTTE activities had increased during the DMK regime in Tamil Nadu with the cooperation of the State Administration and its Chief Minister Shri M. Karunanidhi.

Shri Karunanidhi's attitude changed towards LTTE when Shri Chandrashekhar came to power in the Centre. Wireless messages of the LTTE were intercepted by the Signal Intelligence and I.B. during this period which indicate the extent of militant activities etc. in Tamil Nadu at that time. The deposition of Admiral Ramdass also indicated the attitude of the local administration. This is further corroborated by the depositions of Shri Mani Shankar Aiyer and Selvi J. Jayalalitha.

Shri Mittal also mentioned the contents of the parliamentary speech of Shri P. Chidambaram dated 25th. February, 1991 (Exhibit 500) which indicated the extent of infiltration of LTTE in Tamil Nadu and their activities during the period. He pointed out that Shri P. Chidambaram, during his deposition before the Commission, had emphasised that he stood by every word of the statement.

Shri Mittal further argued that Shri Chandrashekhar, in his deposition before the Commission on 30th. May, 1995, had clearly stated that he had cautioned Shri Karunanidhi about the law and order problem in the State before he had resorted to dismiss the State Government on the grounds that they were helping the LTTE.

Shri Mittal referred to the depositions of the I.B. officers S/Shri V.Vaidyanathan and N.V. Vathsan, who had given a clear picture regarding the nexus between the State Administration of Tamil Nadu and the LTTE. He also stated that corroboration to these facts was also found in the reports submitted by the R&AW before the Commission.

Shri Mittal vigorously argued that significant information regarding growth of militancy in Tamil Nadu during the DMK period was available in the statement of Shri R. Nagarajan, former Home Secretary, Tamil Nadu.(Exhibit 397 and Exhibit 429) Shri Nagarajan, during his deposition before the Commission narrated various incidents in Tamil Nadu which were committed by Sri Lankan Tamil militants. Shri Nagarajan also stated about the interference of Shri Karunanidhi in support of LTTE in his statement given u/s 164 (5) CrPC.

Arguments put forward by the learned Counsel for the Tamil Nadu Government, DMK party and Shri M. Karunanidhi (ANNEXURES M-136 & M-137) :-

72.3 Learned counsel for the Government of Tamil Nadu, during his arguments, presented a written submission on 17th. June, 1997 before the Commission. Learned counsel for DMK party also presented a written submission before the Commission on 18th. June, 1997.

Both the written submissions appear to be on the same lines. In their submissions, the Tamil Nadu Government and DMK party have strongly refuted the allegations made, that during the period when DMK was in power in Tamil Nadu, the State administration was hand in glove with the militants; acts of terrorism were being encouraged which in turn paved the way for the militants to have a network and thereby facilitated the assassination of former Prime Minister Shri Rajiv Gandhi.

72.3.1 On behalf of the State of Tamil Nadu and also on behalf of the DMK Party and on behalf of Shri M. Karunanidhi, it has been vehemently contended by their Counsels Shri R. Shanmugasundram, Shri Rakesh K. Sharma and Shri N. Natarajan respectively that the reports of the Intelligence Bureau or other reports accusing Shri M. Karunanidhi and his Government and accusing the State machinery of having connived in the illegal and anti-national activities of the LTTE, cannot be pressed into service as they have been kept secret and have not been shown to Shri Karunanidhi or the DMK Party or to the State of Tamil Nadu. What allegations have been levelled and against whom, in the reports, are not known. The proceedings in relation to the reports were conducted in camera and none on behalf of Tamil Nadu, including the Chief Minister Shri M. Karunanidhi, were allowed to participate in the 'in camera' proceedings.

Only Shri R.N. Mittal, Counsel for the AICC, was permitted to remain present in the 'in camera' proceedings and even inspection was allowed to him. Besides that, it has also been urged that the genuineness of the reports is wholly doubtful and the reports by themselves cannot be taken to be true as they are simply based on discreet informations. So, without proper verification thereof, they cannot be taken on their face value. The allegations and accusations made in the reports have not even been put to the witnesses, particularly Shri M. Karunanidhi. It has also been submitted on behalf of the aforesaid parties that the reports were fabricated behind the back of the DMK party for the sole purpose of maligning it and to dismiss the democratically elected government.

These arguments have equally been strongly refuted by Shri B. Datta, Counsel for the Central Government, and also by Shri S.S. Javali, Counsel for the Commission and by Shri R.N. Mittal, Counsel for the AICC. These learned Counsels, with all emphasis at their command, contended that the reports relate to the period much before the DMK Government came into power. The field unit of the I.B. in the performance of its regular duties and functions, used to gather intelligence and used to transmit the same to the Headquarters.

Reports have been prepared and sent in the normal course of their duties. The reports are of the year 1989 when the DMK Government came into power and also they relate to the period when the National Front Government came into power at the Centre. Neither the fall of the National Front Government could be in contemplation at the time when the reports were sent to the I.B. Hq. and the U.O. Notes were sent by the Director, I.B. to the authorities in the Central Government. These U.O. notes sent to the Government are also of the period when Shri V.P. Singh heading the National Front Government was in position. Whatever intelligence was gathered continued to be conveyed to the Central Government at the relevant time. This submission on behalf of the DMK Party and others is not at all tenable that the I.B. reports were engineered with the sole purpose of dismissing the DMK Government and maligning the DMK Party.

The question of worth of the intelligence reports, their trustworthy character and what credence is to be given to the reports is a different matter and it should not be mixed up with the alleged contention of fabrication of these reports. The argument of fabrication and engineering is absolutely baseless and deserves to be rejected outright.

On the question as to whether allegations and accusations were made known to the State of Tamil Nadu, it may be stated that an application dated 30.10.1995 was moved on behalf of the State of Tamil Nadu for inspection of affidavits with documents filed by the I.B. and all the exhibits marked during the course of deposition of Shri V. Vaidyanathan, Joint Director, I.B.

This application was partly heard on 2.11.1995 and after some preliminary hearing, Shri K.T.S. Tulsi, Counsel for the Central Government, submitted that the list of documents and affidavits which relate to the State of Tamil Nadu or which adversely affect Tamil Nadu would be submitted within a week and it was ordered that a copy of the list be delivered to the Counsel for the State of Tamil Nadu and the application was thereafter heard on 22.11.1995.

On that date, on behalf of the State of Tamil Nadu, Shri Santosh Hegde, Senior Counsel appearing for the State Government, submitted that the Government is never interested in knowing as to whether there is anything adverse against the Government of Tamil Nadu in the documents and affidavits filed before the Commission by the various intelligence agencies, Ministries and Departments of the Central Government so that if need be, necessary evidence may be deduced in defence and he submitted that he does not want to cross-examine Shri V. Vaidyanathan, Joint Director, I.B. On behalf of the Central Government at the end of the arguments, Shri K.T.S. Tulsi expressed that the Government will give a gist of allegations made in any affidavit and document against the Government of Tamil Nadu.

Thereupon, the Court directed the Central Government to file the gist of allegations within ten days and copy thereof be given to the Counsel for the State of Tamil Nadu. Thereafter, the gist of allegations was submitted. By Order dated 11.12.1995, the gist of allegations was ordered to be delivered to the Counsel for the Tamil Nadu Government without disclosing the source and the heading was also ordered to be changed and it was directed that the heading to the gist be simply given as 'Gist of allegations made by the Central Government against the Government of Tamil Nadu'. Thus, the gist of allegations was supplied in compliance of the Order vide letter dated 15.12.1995.

So far as the DMK Party and Shri M. Karunanidhi are concerned, suffice it to say that when by an interim order dated 2.5.1994, the Hon'ble High Court prevented the Commission from enquiring matters prior to 29.7.1987, the date of signing of the Indo-Sri Lanka Agreement, the DMK Party withdrew itself from the proceedings of the Commission and did not participate in the proceedings till 26.7.1996.

In this connection, an application No.18/94-JCI) was moved by Shri T.G. Venkataraman, Counsel for the DMK Party, on 1.6.1994 and the Commission, after hearing the application, passed the Order on 9.8.1994 and observed that it was for the DMK Party to have approached the Delhi High Court to agitate the question appropriately or pursue it before the appropriate forum. So far as the Commission is concerned, the Commission has filed its counter to the petition and ultimately the stance of the Commission was upheld by the Hon'ble Delhi High Court vide its Order dated 16.11.1995 allowing the Commission to make an inquiry even in respect of the period prior to the signing of the Indo-Sri Lanka Agreement and accepted the cut-off date as was decided by the Commission, i.e. from the year 1981.

From what has been discussed above, it would be clear that so far as the State of Tamil Nadu is concerned, in view of the submissions of Mr. Santosh Hegde, no argument is now open to Shri R. Shanmugasundram for the State of Tamil Nadu when the State of Tamil Nadu was not allowed to inspect the I.B. reports etc. and to participate in the 'in camera' proceedings, in view of the nature of submission made by Shri Santosh Hegde, Counsel for the State of Tamil Nadu.

As regards the DMK Party, it may be stated here that, at a very late stage, the DMK Party and Shri M. Karunanidhi of their own joined in the proceedings of the Commission by submitting an affidavit (No.350/96- JCI) dated 15.7.1996 filed on 23.7.1996 of Prof. K. Anbazhagan, General Secretary, D.M.K., from the stage at which the proceedings were going on without being relegated to the date when the DMK Party boycotted or withdrew from the proceedings. Vide Commission's Order dated 26.7.1996, the DMK Party was permitted to participate in the proceedings of the Commission hence-onward and an opportunity was afforded to produce evidence in defence. So, it is not open to the Counsel for Shri M. Karunanidhi and the DMK Party to contend that they have been denied any opportunity to know about the allegations in the documents.

As regards allowing of inspection of record of the Central Government to Shri R.N. Mittal, Counsel for the AICC, I may mention that when the application was filed on behalf of the AICC on 28th October, 1993, the application was heard and an elaborate Order dated 20.3.1995 was passed allowing inspection on certain conditions as it was found that the documents have been summoned by the AICC and the AICC is a vital party as it is on its instance that the Central Government issued the Notification constituting this Commission. Though it was not the Congress Party which was in power at that time but the request for setting up of this Commission to go into the wider terms of reference was made by the President of the AICC to the then Shri Chandra Shekhar Government in power. If any party was aggrieved against the Order of inspection, it could have resorted to such remedy as may be available in law. But a reasoned order dated 20.3.1995 was passed allowing inspection.

This submission also is untenable that the allegations were not put to Shri M. Karunanidhi or to other witnesses. The allegations contained in the I.B. reports and whatever other material had come, in the light of that material, specific questions were put to Shri M. Karunanidhi by Shri S.S. Javali, Counsel for the Commission, Shri B. Datta, Counsel for the Central Government and Shri R.N. Mittal, Counsel for the AICC. Thus, it cannot be said that the DMK Party had no opportunity to meet the allegations.

I have already examined the question of assessment of the I.B. reports in the light of the other evidence on record.

DMK party has argued that IB officials, the officials of Customs, Navy and Army who participated in the periodical law and order meetings with the Chief Secretary of Tamil Nadu or the Home Secretary of Tamil Nadu between the period 1989 to 1991 neither complained or drew the attention of the State Government regarding any of the alleged militant activities or the support and patronage the militants allegedly enjoyed in the State of Tamil Nadu. On the contrary, the record shows, that these officials praised and appreciated the steps taken by the State Government.

Here, it is pertinent to point out that an indication of the widespread perception amongst the key officers of the Armed Forces of the country, who were at the helm of affairs when the IPKF was engaged in open hostilities with the LTTE, in Sri Lanka, is seen in the depositions of Lt. General Kalkat, Major General Yashwant Deva of the IPKF and Admiral Ramdas of the Indian Navy. All of them have conveyed their impressions that the DMK Government was sympathetic to the LTTE militants. The contention of the DMK party that the officials of the Defence Forces who attended the coordination meetings neither complained nor brought these allegations to the notice of the Tamil Nadu Government implies that militant activities were not going on in the State, is without any substance in view of the available evidence.