PIL CHALLENGES BHARAT RATNA TO SACHIN

‘Mandatory norms of Presidential notification were not followed’

The decision of the Congress-led UPA Government to confer the country’s highest civilian award Bharat Ratna to veteran cricketer Sachin Tendulkar has been challenged in the Madras High Court alleging that mandatory norms of Presidential notification were not followed.

The public interest litigation filed by an advocate here came up for hearing before the first bench comprising Chief Justice R K Agarwal and Justice M Sathyanarayanan. The judges have adjourned the case to Monday next for hearing.

When the case came up, appearing for the Union Government Additional Solicitor General P Wilson informed the judges that the Centre had already amended the Presidential notification enabling conferment of the civilian award to sportspersons also. He undertook to produce a copy of the amended notification on Monday.

The petitioner argued that a Presidential notification issued in 1955, superseding another notification of January 1954, on the conferment of the Bharat Ratna was the only document available to govern the award. As per Paragraph 5 of the 1955 notification, the Bharat Ratna shall be given for exceptional service to- wards advancement of art, literature and science, in recognition of public service of highest order.

Likewise, paragraph 8 of the notification mentioned that the names of persons upon whom the decoration is conferred shall be published in the Gazette of India and a register of all such recipients shall be maintained under the direction of the President.

In December this year, it was reported that the Cen- tre had amended the norms for Bharat Ratna to honour persons of all fields. Based on this on November 16, the Prime Minister had announced that the Bharat Ratna would be conferred on Tendulkar and scientist C N R Rao. The same day, a press release issued from the Prime Minister’s office congratulated the two awardees.

The petitioner alleged that this announcement was contrary to Paragraph 8 of the 1955 notification as the names of the intended recipients were not published in the Gazette as required. Tendulkar, the petitioner contended, was not eligible to receive the award in the absence of a Presidential notification amending the criteria superseding the 1955 notification.

Seeking to quash the announcement, he prayed the court to restrain the Central Government from presenting the Bharat Ratna to Tendulkar and Rao (although he is eligible) on next Republic Day or any other day.