Madras High Court Deprecates Practice Of 'Rubber Stamp Cognizance'
|The Madras High Court deprecated the practice of 'rubber stamp cognizance'.
The Court instructed the District Judiciary that cognizance should be taken after proper application of mind and the practice of rubber stamp cognizance must be stopped forthwith.
A Single Bench of Justice N. Anand Venkatesh observed “This Court has been watching this trend of taking rubber stamp cognizance in many cases. In view of the same, this Court is forced to set aside the cognizance order and send it back to the trial Court for passing fresh cognizance order by applying the mind. This trend has to be stopped.”
Advocate P.G. Thiyagu appeared for the Petitioner and A. Gopinath, Government Advocate appeared for the Respondents.
The Court relied on Shanmugam and others Vs. Inspector of Police, Ariyalur Police Station, Ariyalur and others, and observed “Inspite of the same, the practise of taking rubber stamp cognizance continues in the subordinate Courts.”
The Petitioner filed the present plea to call for the records of a case pending before the Metropolitan Magistrate, Chennai and to quash the same as illegal.
The Court directed “This order shall be circulated to all the Principal District Judges across the State of Tamil Nadu. Instruction shall be given to the entire District Judiciary that cognizance should be taken after proper application of mind and the practise of rubber stamp cognizance must be stopped forthwith.”
The Court said that going forward, if the cognizance is taken through a rubber stamp cognizance order, the Court will call for an explanation.
Cause Title: Sabaritha v. The Sub Inspector of Police and Ors.
Appearances:
Petitioner: Advocates P.G. Thiyagu, Naveen Kumar
Respondent: A. Gopinath, Government Advocate