A complaint has been filed with the Delhi police against Sachin Tendulkar for allegedly dishonouring the tri-colour during the Indian team's stay in the West Indies last month.
Subodh Jain, a social activist based in east Delhi, filed the complaint with Manasarovar police station in north-east Delhi on Tuesday, but no case has been registered.
The Delhi police is seeking legal advise whether they can proceed on a complaint filed by a social activist for an "offence" allegedly committed outside the country.
"We will seek legal advise from the public prosecutor. The case pertains to an Indian act. We have to see whether we have the jurisdiction to act on this complaint," Deputy Commissioner of Police (north-east) Jaspal Singh said.
The controversy erupted as AajTak showed a photograph of Tendulkar with a knife about to cut the cake in the presence of the Indian High Commissioner to Jamaica, K L Agrawal, at a function there.
Jain has also named Team India and officials of the Indian High Commission in Jamaica where Sachin allegedly cut a cake in the colours of the national flag.
"I am disturbed that a person of Tendulkar's stature is dishonouring the tricolour. He should be a role model and by cutting a cake with tri-colour he disgraced both the nation and the national flag," Jain said.
BCCI vice-president Rajeev Shukla on Tuesday said that Tendulkar told him that the function was organised by the India High Commission and "with so many people around he did not realise the colour of the cake when he was suddenly asked to cut it".