The Madras High Court today ordered issue of
notice to Deputy Chairman and Secretary General of Rajya Sabha
Secretariat on a petition challenging Sachin Tendulkar's nomination as a
member of the Upper House. Petitioner A Benitto, an advocate, sought a
direction to the Deputy Chairman and Secretary General to specify the
authority on which Tendulkar's nomination was accepted by the Upper
House Secretariat. He contended a criminal complaint was launched
before the Commissioner of Police here against 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 bench here which
directed the judicial magistrate at Melur to initiate proceedings under
criminal law against Tendulkar and the same was pending adjudication.
He alleged that the retired cricketer had cut a cake decorated with the
colours of the tricolour at a party hosted by an NRI in Jamaica before
2011 World Cup series and also submitted photographs and media reports
to the court. He submitted that Tendulkar's act was a 'grave insult' on
the national flag. Contending that a person against whom a criminal
complaint is pending, Benitto challenged Tendulkar's appointment as an
MP. The bench, comprising justices R Sudhakar and V S Velumani, heard
the plea and ordered notice to the Deputy Chairman and the Secretary
General, returnable in four weeks.
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