Additional Sessions Judge Ravi Kumar Diwakar of Muzaffarnagar has alleged that an administrative decision under which nearly 100 criminal cases were taken away from his court was intended to provide protection to mafia members, gangsters and criminals.
The allegation forms part of a judgment delivered on Monday in an unrelated murder case in which the judge sentenced Nadeem to death for killing his wife by pouring kerosene on her and setting her ablaze in 2018.
Diwakar has awarded death sentences to 23 people across 11 cases during the past five months. Last month, at least 97 murder cases were transferred from his court pursuant to an administrative order of the Muzaffarnagar District and Sessions Judge.
Court Calls for Safeguards Against Forum Shopping
Going beyond his own experience, Judge Diwakar asked the State to consider safeguards where records of serious criminal cases are shifted from one court to another without cause in circumstances that could benefit an accused, criminal or strongman.
He said the District Government Counsel (Criminal) should be allowed to put forward their position in accordance with principles of natural justice before such transfers. The judge said such a mechanism could help prevent forum shopping by criminals.
The observations were accompanied by his claim that he possessed complete information about the circumstances behind what had happened to him. He, however, said disclosure would not be appropriate at present because of the dignity attached to his office.
Diwakar described himself as deeply hurt by the treatment and said those responsible would have to confront their own conscience. He attributed the actions against him to an intention to protect mafia members, gangsters and criminals.
Judge Refers to Transfer Threat
The judge also said he was threatened with transfer after cases were removed from his court.
Referring to the influence enjoyed by some criminals in Western Uttar Pradesh, Diwakar said they received caste-based patronage as well as political backing. He maintained that he had been taught to fear only God.
The judge said that if fear of mafia members, strongmen or criminals prevented him from performing his judicial duties, he would prefer to resign. He added that he would rather die than be described as a cowardly judge and would remain in service only for as long as he could adhere to his principles.
He also asserted that while occupying the judicial chair, the authority to adjudicate matters before him belonged to him.
Nadeem Sentenced to Death for Wife’s Murder
The remarks came while deciding the case against Nadeem, who was convicted of burning his wife to death in 2018 after pouring kerosene on her.
While examining the nature of the offence, the court emphasised the suffering involved in killing a person by fire. It said such a victim is subjected not only to death but also to severe physical pain, terror and helplessness, with fire operating as an instrument of torture in addition to causing death.
The court concluded that the death penalty was warranted in such cases, reasoning that stringent punishment creates fear among criminals and people who lack respect for the law.
Judgment Discusses Muzaffarnagar’s Crime History
In a separate part of the judgment, the court considered submissions concerning Muzaffarnagar’s history of organised and violent crime.
It accepted the government counsel’s submission that measures such as encounters, attachment of properties and preventive detention had contributed to curbing crime in the district.
The court noted that the presence and influence of several active gangs from Western Uttar Pradesh had resulted in Muzaffarnagar being described as the Crime Capital at one stage. It also referred to violent disputes arising from economic interests, contracts and land in the sugarcane belt, along with discussions about links between political patronage and crime.
