AMITABH THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition by husband-wife duo has been filed purportedly in public interest with the prayer to quash award of 'Bharat Ratna' to Sri Sachin Tendulkar. The petitioners have also prayed that the office memorandum issued by the Government of India regarding bestowing of 'Bharat Ratna' as contained in annexure no.1 to the writ petition be also quashed. Another prayer has also been made for issuing writ in the nature of mandamus to the respondents and the National Selection Committee for 'Bharat Ratna' to ensure that certain great men of this country including Ashoka the Great, Harsha Vardhan, Kalidas, Surdas, Tulsidas, Meera Bai, Kamban, Tiruvalluwar, Shankaracharya, Swami Vivekananad, Netaji Subhash Chandra Bose, Sardar Bhagat Singh are also awarded by 'Bharat Ratna'.

(2.) Thrust of the argument advanced by learned counsel for the petitioners, Sri Asok Pande is that cricket is an anti-development activity and, therefore, it is anti national and hence, any award or honour in recognition of personal contribution in the field of cricket is absolutely unwarranted. In support of his argument, Sri Pande has further submitted that since the cricket matches being organized compel the employees and other citizens of the country to refrain from their work place as such, any award to an individual excelling in the field of cricket is not in public interest. He further submitted that government should not do anything which ultimately glorifies the cricket. It has also been argued by learned counsel for the petitioners that the issue relating to National Award of 'Bharat Ratna' and 'Padma Awards' had earlier decided by the Hon'ble Apex Court and the constitutional Bench of Hon'ble Apex Court in the case of Balaji Raghavan vs Union of India, 1996 1 SCC 361 had issued certain guidelines and directions which have not been followed by the Government of India while announcing the 'Bharat Ratna' Award to Sri Sachin Tendulkar.

(3.) Further submission of learned counsel for the petitioners is that announcement of award to Sri Sachin Tendulkar is in violation of judgement of Hon'ble Apex Court in the case of Balaji Raghavan . It has also been submitted that so far as 'Padma Awards' are concerned, certain guidelines have been framed which have been annexed as anneuxre no.2 to the writ petition and, therefore, in respect of 'Bharat Ratna', the Government of India be directed to frame guidelines in light of directions /guidelines issued by the Hon'ble Apex Court in the case of Balaji Raghavan .