The petitioner A Benitto, an advocate, contended that a criminal complaint was filed before the Commissioner of Police here against Tendulkar for offences committed under the Prevention of Insults to National Honor Act, 1971 and Emblems and Names (Prevention of Improper Use) Act, 1950.

Since police refused to register the case, Benitto 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 colors of the national flag 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 to the national flag.
Justice R Sudhakar and Justice V M Velumani said Benitto had filed the petition based on news paper reports.

The Supreme Court had held that Public Interest Litigations could not be filed based on news paper reports, they said, dismissing the petition.


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