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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