The Madras High Court Bench on Tuesday dismissed a petition challenging Sachin Tendulkar's nomination as Rajya Sabha member.
The petitioner A Benitto, an advocate, contended that a criminal complaint was filed before the Commissioner of Police against Sachin Tendulkar for offences committed under the Prevention of Insults to National Honour Act, 1971 and Emblems and Names (Prevention of Improper Use) Act, 1950.
Since police refused to register the case, he approached the Court which directed the Judicial Magistrate at Melur to initiate proceedings under criminal law against Tendulkar and it was pending adjudication.
Benitto submitted that Tendulkar had cut a cake decorated with the colours of the national flag at a party hosted by an NRI in Jamaica before the 2011 World Cup series and also submitted photographs and media reports to the court.
He submitted that Tendulkar's act was a 'grave insult' to the national flag.
Justice R Sudhakar and Justice VM Velumani said Benitto had filed the petition based on newspaper reports. The Supreme Court had held that Public Interest Litigations could not be filed based on newspaper reports, while dismissing the petition.