In a putting assertion, the Muzaffarnagar judge, who not too long ago courted controversy for handing out 22 loss of life sentences inside 4 months, mentioned he “would fairly die” than be referred to as a “coward” and provides in to the diktats of mafias, strongmen, or criminals. UP Choose Ravi Kumar Diwakar credited his dad and mom with instructing him to concern solely God.
The UP decide’s assertion, penned in Hindi, got here in a dowry loss of life case ruling, the place he sentenced the person to the death penalty on September 7.
“If I grow to be petrified of different forces… it might be applicable for me to resign from this sacred judicial institution,” Choose Diwakar wrote. “I’d fairly die, however wouldn’t wish to be referred to as a coward decide. So long as I can observe my rules, I’ll proceed in service… So long as I’m on the decide’s chair, the authority to take selections/judgments might be mine alone.”
He added that his dad and mom taught him from the very starting to all the time concern God and no different individual, and if he fears anybody akin to strongmen, mafias or criminals, besides the divine energy, it might be utterly inconsistent with the expectation of the frequent individuals who come to the courts believing that judges might be neutral, fearless and brave and can carry out their judicial duties with out concern.
Circumstances recalled
97 homicide instances pending earlier than the UP decide, who had handed down 22 loss of life sentences in 10 instances within the final 4 months, had been not too long ago transferred, an administrative order handed by the Muzaffarnagar District and Periods Choose on August 18 has revealed.
The district decide’s course, a replica of which is with The Indian Specific, particulars the case titles of the 97 issues “recalled” from the court docket of Further District and Periods Choose (FTC 3) Ravikumar Diwakar.
The Indian Specific had on August 17 reported that Between April 6 and July 17 – barely 100 days – the UP decide presiding over Quick Observe Court docket No. 3 in Muzaffarnagar, sentenced 17 individuals to loss of life throughout seven separate homicide trials, out of twenty-two accused.
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Beneath Sections 407 to 412 of the Bharatiya Nagarik Suraksha Sanhita, no loss of life sentence handed by a Periods Court docket may be carried out till the Excessive Court docket confirms it. So, all loss of life sentences awarded by the Muzaffarnagar trial court docket will go to the Allahabad Excessive Court docket for affirmation, alongside any appeals the convicts file independently.
Diwakar joined the Uttar Pradesh judicial service as a civil judge in 2009 and has labored in a number of districts over time, together with Sultanpur, Budaun, Varanasi and Bareilly. He has been posted in Muzaffarnagar since November 2025.
He grew to become a well-known identify past the courtroom in 2022, when, whereas serving as a civil decide in Varanasi, he ordered a videographic survey of the Gyanvapi mosque complicated. Diwakar later mentioned he obtained threatening calls and messages, together with from worldwide numbers, after the order.
Choose speaks of case recordsdata being eliminated
The UP decide mentioned what he described because the removing of case recordsdata from his court docket. “At current, I’m deeply harm and saddened by some conduct,” he wrote, including that he couldn’t cease himself from expressing his private views on what had occurred. He alleged that the rationale behind the conduct was “to guard mafias, gangsters and criminals”. He mentioned he knew the entire motive however wouldn’t disclose it, citing the dignity of his workplace.
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Recounting what he mentioned was a message conveyed to him by a mafia or gangster from western Uttar Pradesh, he mentioned that he was warned that if the individuals involved had been pursued or any feedback had been made, their affect would allegedly be used to have his court docket modified or get him transferred exterior the district.
He mentioned, “For now, solely the case recordsdata have been eliminated. If we’re pursued or any feedback are made, we are going to use our affect to get the court docket modified or have you ever transferred exterior the district, as a result of we now have contacts at larger ranges.”
On switch of great instances
The decide additionally raised questions over the switch of great instances from one court docket to a different. He directed that the place such instances are transferred with none motive and with the intention of benefiting accused individuals, criminals, strongmen or mafias, the district authorities counsel (Legal) needs to be given a chance to current the State’s case.
“The aim of the legal justice system isn’t solely to guard the rights of the accused, but in addition to offer justice to the sufferer,” he wrote. The decide then questioned whether or not, with out listening to the Uttar Pradesh government, the accused or murderers within the case referring to singer Ankit Baliyan’s killing ought to have the best to decide on the court docket.
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He additionally questioned whether or not Baliyan’s dad and mom, spouse and household, because the sufferer’s aspect, and the State authorities because the complainant shouldn’t be heard, and whether or not the sufferer had no curiosity or proper within the legal justice system.
Why court docket awarded loss of life penalty
In line with the court docket’s findings, the person intentionally poured kerosene on his spouse and set her on hearth, inflicting her to endure 98 per cent burns. Being attentive to the the physical pain attributable to hearth and the concern it generates, the decide mentioned that the lady didn’t have enough alternative to save lots of herself or acquire fast assist. Her helplessness and vulnerability had been handled as aggravating circumstances.
Describing the act as “extremely brutal and barbaric”, the court docket held that the case fell inside the “rarest of uncommon” class warranting capital punishment. The court docket additionally referred to the bodily ache, concern, helplessness and psychological trauma suffered by the lady, and mentioned the killing represented a breach of the belief inherent within the conjugal relationship.
In making this level, the decide referred to well-known tales of affection akin to Laila-Majnu and Shiri-Farhad, observing that they illustrated that love doesn’t contain taking one other individual’s life. He related this to marriage, saying the relationship between husband and spouse is predicated on love and affection and that the killing within the current case raised a query about that relationship.
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The court docket additionally thought-about the precept that life imprisonment is the rule and the loss of life penalty an exception. Weighing the style and circumstances of the killing, it concluded that the case met the brink for capital punishment and that sympathy for the offender was not warranted.
The court docket sentenced the person to loss of life for homicide and imposed a effective of Rs 1 lakh. It additionally awarded him two years’ imprisonment for one more offence, with the sentences to run concurrently.
