In a putting set of observations, UP Decide Ravi Kumar Diwakar on Monday (September 7) claimed that severe circumstances have been recalled from his court to learn mafia and criminals, as he stated that he was “deeply harm and saddened” by the conduct. He added that he would relatively die than be known as a “coward decide”.
The observations got here in a judgment during which Decide Diwakar, Further District and Classes Decide, Muzaffarnagar, awarded the demise penalty to at least one Nadeem for intentionally burning his spouse (Shahzadi) alive. The courtroom held that the style during which Nadeem killed his spouse was “extraordinarily brutal and barbaric” and fell throughout the “rarest of uncommon” class.
The decide alleged that the explanation behind the recall of case information was to “save mafias/gangsters/criminals”. He stated he knew the whole particulars of why it had occurred however thought-about it inappropriate to reveal them at that time as he remarked that “there’s additionally the dignity of the workplace”.
It could be famous that final month as many as 97 pending circumstances involving homicide and different severe offences have been recalled from his court, days after he awarded 22 demise sentences in 10 completely different circumstances over a four-month interval.
Extra particulars right here: 97 Murder, Serious Crime Cases Recalled From Muzaffarnagar Judge After 22 Death Sentences In 4 Months
‘Deeply Damage and Saddened’
Within the 38-page judgment, which incorporates a considerable portion of the decide’s observations on varied points, Decide Diwakar stated he couldn’t assist however categorical his private views.
He remarked that though an individual could deceive the world, he can’t deceive his personal conscience. He additional stated that when those that had behaved with him would look into their very own conscience, they’d by no means be capable to forgive themselves.
The decide then alleged that such conduct of withdrawing circumstances from his courtroom was supposed to “save mafias/gangsters/criminals“.
He added that following the withdrawal, a message was conveyed to him by way of “a mafia/gangster from the west“. In line with the decide, the message was that solely the case information had initially been eliminated and that if he pursued the matter or made any remark, affect can be used to get his courtroom modified or have him transferred out of the district due to “contacts at greater ranges“.
Decide Diwakar additional acknowledged that main mafias and strongmen in western Uttar Pradesh have caste and political safety and networks extending “fairly excessive and much”.
‘I Would Quite Die Than Be Known as A Coward Decide’
The decide stated his mother and father had taught him from childhood to worry God and no different particular person.
He noticed that if he grew to become afraid of “bahubalis/mafias/criminals”, it will be in battle with the general public’s expectation that judges stay neutral, fearless and are in a position to discharge their judicial features with out worry. In a big comment, he remarked thus:
“I might relatively die than be known as a coward decide. So long as I can comply with my rules, I’ll proceed in service; in any other case, I’ll resign“.
He additionally asserted that so long as he occupied the judicial chair, the authority to take a call/judgment “will likely be solely mine”.
The decide went on to hyperlink judicial independence with the Rule of Regulation and democracy. He noticed thus:
“For any democratic nation, it’s a severe disaster when judges are unable to manage justice as a result of worry, stress or affect of mafias/gangsters/criminals“.
In line with him, such a scenario causes the social and authorized system to break down, permitting mafias, gangsters and criminals to turn out to be fearless whereas weaker and harmless individuals turn out to be ‘scapegoats’.
He warned that the place mafia affect turns into dominant, the Rule of Regulation could possibly be changed by “जिसकी लाठी उसकी भैंस” (would possibly is correct), weakening the democratic foundations of the State.
He additional noticed that such an surroundings might discourage corporations and overseas buyers, adversely affecting financial improvement.
Decide Diwakar burdened that the poor and weak endure when the system doesn’t perform truthfully or in accordance with legislation and guidelines. He acknowledged thus:
“Within the eyes of legislation, all individuals are equal. The identical legislation can’t be utilized otherwise to 2 individuals“.
He questioned whether or not mafias, strongmen and criminals ought to successfully face a unique authorized regime from bizarre residents. The decide additional noticed:
“Right now, the world wants justice greater than charity. Within the absence of justice, freedom has no that means“.
He stated individuals could not essentially object to strict guidelines however object when there isn’t a equality in justice, when justice is given to at least one particular person however not one other.
On the deserves of the case
Whereas figuring out Nadeem’s punishment, Decide Diwakar additionally made observations on love and the connection between husband and spouse.
The decide referred to the story of Adam and Eve, noting that they have been husband and spouse and that Adam liked Eve regardless of the hardships they confronted.
He then referred to the well-known tales of Laila-Majnu and Shirin-Farhad, observing that they reveal that love doesn’t contain taking one other particular person’s life. He famous that within the Laila-Majnu story, Majnu in the end gave his personal life in grief after Laila‘s demise, relatively than taking anybody else’s life.
He added that the husband-wife relationship is predicated on love and affection. He noticed that the tales of Laila-Majnu and Shirin-Farhad present that “in love, somebody’s life is just not taken”.
Decide Diwakar contrasted these tales with the current case, the place Accused-Nadeem intentionally poured kerosene on his spouse, Shahzadi, and burnt her to demise.
The courtroom additionally highlighted the betrayal inherent within the offence, observing that the particular person from whom Shahzadi anticipated “safety, belief and safety” was her husband, who intentionally set her on fireplace and induced her demise.
Dying Penalty Awarded
The courtroom discovered that Nadeem intentionally poured kerosene on Shahzadi and set her on fireplace.
It noticed that Shahzadi was in a weak and helpless situation and held that the style of killing was “अत्यंत निर्मम एवं पाश्विक” (extraordinarily brutal and barbaric). The courtroom stated that exhibiting sympathy in the direction of such an offender might create a precedent the place a husband might burn his spouse alive and nonetheless obtain judicial sympathy.
The courtroom then posed a query to the “nice individuals of India” as to how an individual who burns an “abla nari” (helpless lady) alive ought to be handled by the courtroom and whether or not such an individual deserves sympathy.
Answering the query itself, the courtroom stated that such an individual was “under no circumstances” entitled to sympathy and that the utmost punishment (demise penalty) was the suitable punishment.
The courtroom additional noticed that the killing was not merely a deprivation of life however an act that significantly violated the sufferer’s human dignity.
Decide Diwakar in the end discovered the case to fall within the class of Rarest of Uncommon, and accordingly, he awarded the accused the demise penalty below Part 302 IPC, together with a ₹1 lakh wonderful.
In direction of the tip of the judgment, Decide Diwakar directed {that a} copy of the choice be despatched to the Chief Secretary, Uttar Pradesh Authorities, with instructions to make sure that in severe Classes circumstances, the place the State is the complainant and conducts the prosecution on behalf of the sufferer, the District Authorities Counsel (Prison) is given a possibility to position his case if such Classes information are transferred from one courtroom to a different with none cause and with the intention of benefiting criminals, strongmen or accused individuals.
The decide stated this may be crucial in accordance with the rules of pure justice, in order that in future “criminals/mafia/bahubalis” can’t select a courtroom of their choice.
About Decide Diwakar
Decide Diwakar has been posted in Muzaffarnagar since November 2025. He first got here into the highlight in 2022 whereas serving as a civil decide in Varanasi when he ordered a videographic survey of the Gyanvapi Mosque premises in Varanasi.
Decide Diwakar got here again into the highlight in March 2024 when he hailed Chief Minister Yogi Adityanath as a chief instance of a “non secular particular person” holding a seat of energy within the State. He additionally likened CM Adityanath to the concept of a ‘Thinker King’ as outlined by Plato in his Socratic dialogue, Republic.
