South Indian state Tamil Nadu police has informed the Madras High Court that they can not book cricket maestro Sachin Tendulkar, tennis player Sania Mirza and TV host Mandira Bedi in a national flag insult case filed against them in the state.
Published: Aug 25, 2011, 08:18 PM (IST)
Edited: Aug 25, 2011, 08:18 PM (IST)
A petition says Sachin Tendulkar cut a cake which was in the national flag design at Jamaica On March 10,2010 © Getty Images
Madurai: Aug 25, 2011
South Indian state Tamil Nadu police has informed the Madras High Court that they can not book cricket maestro Sachin Tendulkar, tennis player Sania Mirza and TV host Mandira Bedi in a national flag insult case filed against them in the state.
The state police department could not take action against the personalities without the central government’s permission, police told the Madras High Court Bench here.
Police submitted that neither the accused belonged to Tamil Nadu nor were they available on the date of the complaint or on subsequent dates.
Police filed the counter affidavit on Tuesday in response to a petition by an advocate, B Stalin, seeking a direction to a police inspector to register criminal cases against them under the Prevention of Insults to National Honour Act, 1971 and Emblems and Names (Prevention of Improper use) Act, 1950.
When an offence was committed outside India, no prosecution under the Emblems and Names (Prevention of Improper use) Act could be instituted without central government’s sanction, the affidavit said.
The lawyer should have approached the central government for proper sanction for prosecution, it said.
According to the petitioner, while celebrating his birthday Sachin Tendulkar cut a cake which was in the national flag design at Jamaica On March 10,2010.
Similarly on May 19,2010, Sania Mirza was resting her feet on a guitar painted in the tricolour while posing as a model for an International company.
In Mandira’s case, she was wearing a sari with the national flag on its border,touching her feet, the petitioner said. (PTI)
