In a notable turn of events, the Allahabad High Court on Tuesday dismissed remarks made by Ravi Kumar Diwakar, an Additional Sessions Judge in Bareilly, which praised Chief Minister Yogi Adityanath during the hearing of the 2010 Bareilly riots case. Judge Diwakar had commented that only a religious person could be a competent ruler and deliver good outcomes, explicitly lauding CM Yogi Adityanath.
The bench, led by Justice Ram Manohar Narayan Mishra, rebuked Judge Diwakar’s comments, emphasizing that it is unexpected for a judicial officer to express personal biases or affiliations openly. The High Court underscored that judicial orders are intended for the public and such expressions could be misinterpreted, leading to confusion and misunderstanding among the masses.
The Court observed: I have gone through the order under challenged whereby learned trial court while passing the impugned order mentioned certain unwarranted expressions containing political over-tones and personal views. Besides this, he has also shared his personal experiences in the said order, which is not at all required while passing passing judicial order. It is not expected from the judicial officer to express or depict his personal or pre conceived notions or inclinations in the matter. The judicial order is meant for public consumption and such type of order is likely to be misconstrued by the masses. It is expected from judicial officer that he should use a very guarded expression while focusing upon the issue in hand and should not use any observation which are tangent or alien to the core issue
The single bench further remarked that while expressing opinions, a judicial officer must remain within the bounds of relevance to the case at hand, avoiding any mention of unrelated or divergent issues.
The context of Judge Diwakar’s controversial remarks traces back to a decision made on March 5, 2023, regarding the 2010 Bareilly riots. In his order, Judge Diwakar had suggested that individuals in power should be “religious persons,” citing CM Yogi Adityanath as an example of a religious leader who embodies sacrifice and dedication rather than indulgence.
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Furthermore, the court pointed out how Taqeer Raza, despite being a religious figure and belonging to the esteemed family of Dargah Aala Hazrat in Bareilly, was involved in inciting community members and disrupting law and order.
The court stressed the importance of power wielders being religious individuals, as their life is not one of pleasure but of renunciation and dedication. Mentioning Mahant Baba Yogi Adityanath, the head of Gorakhnath Temple and the current Chief Minister of Uttar Pradesh, the court had used him as a prime example of living up to these ideals.
