V Balamurugan’s lawyer, Omar Kutty Abdul Aziz, said judge Mariana Yahya held that the application was filed out of time.
“The judge was of the view that the application should have been filed within 90 days after it was published in the government gazette in 2014,” Omar told reporters.
Further, he said, Balamurugan lacked the legal standing to bring the action as the public prosecutor had withdrawn criminal charges against him.
“The court dismissed the action but did not award costs to the respondents (government and home ministry),” he added.
Senior Federal Counsel Ahmad Hanir Hambaly appeared for the government and the home ministry.
Balamurugan, one of 12 men who were previously charged with supporting and being in possession of materials linked to the LTTE, had filed the application only in January this year.
He filed the action on the grounds that the Nov 12, 2014 gazette notification by then home minister Ahmad Zahid Hamidi was irrational and unreasonable.
Balamurugan also wanted 17 other organisations and 39 individuals to be removed from the gazette and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act.
In his case, the 37-year-old said the minister’s decision to declare the LTTE as a terrorist group was untenable as the Sri Lankan army had declared in 2009 that it had eliminated the LTTE.
Moreover, he said, the Swiss Federal Court had also declared that the LTTE was not a criminal organisation.
On Oct 29 last year, Balamurugan was charged in the Sessions Court with supporting the LTTE at an event held at the Kuala Kangsar Municipal Council hall (Sungai Siput Utara branch) on Dec 28, 2014.
He also faced three charges of possessing items with elements of terrorist acts or related to the LTTE, in a mobile phone at three locations in Sungai Siput on Oct 10 last year.
He also faced a fourth charge of supporting the LTTE via a Facebook posting on Oct 7 last year.
However, judicial commissioner Ahmad Shahrir Mohd Salleh acquitted Balamurugan on Feb 24 after the prosecution withdrew the charges.