Additional Sessions Judge Ravi Kumar Diwakar has strongly criticised the recent transfer of nearly 100 criminal cases from his court, alleging that the administrative action was intended to protect mafia, gangsters and criminals.

Judge Diwakar made the observations while delivering a judgment on Monday in a murder case in which he awarded the death penalty to an accused who had burnt his wife alive after pouring kerosene on her.

97 Murder Cases Transferred

Judge Diwakar has reportedly sentenced 23 persons to death in 11 cases over the past five months. Following this, around 97 murder cases were transferred from his court last month through an administrative order of the Muzaffarnagar District and Sessions Judge.

While the judge did not directly name or challenge the transfer order in his judgment, he expressed deep anguish over the development.

He said he was aware of the reasons behind what had happened but that revealing the information would not be appropriate considering the decorum of his judicial office.

The judge observed that the treatment meted out to him was intended to provide protection to “mafia/gangster/criminals”, adding that although he knew why the action had taken place, he would refrain from speaking about it at this stage.

“I Would Rather Die Than Be Called a Cowardly Judge”

In a strong statement, Judge Diwakar said he had received a threat of transfer after the cases were moved out of his court.

He also referred to the alleged influence of caste and political patronage enjoyed by certain criminals in Western Uttar Pradesh.

The judge asserted that he had been taught to fear only God and nobody else.

He said:

“I would rather die than be called a cowardly judge.”

Judge Diwakar further stated that if he began fearing mafia, strongmen or criminals, it would be better for him to resign from the judiciary.

He said he would continue serving as a judge as long as he could remain committed to his principles and would resign if he could no longer do so.

He also asserted that as long as he occupied the judicial chair, the authority to adjudicate and deliver judgments rested with him.

Death Penalty in Wife-Burning Case

The observations came while the judge was sentencing an accused named Nadeem to death for killing his wife in 2018 by pouring kerosene on her and setting her on fire.

The Court observed that burning a woman to death involves not merely deprivation of life but also extreme physical pain, terror and helplessness, with fire becoming a means of torture.

The Court held that the death penalty was warranted in the circumstances and observed that such punishment could create fear among criminals and persons who lacked respect for the law.

Concern Over Transfer of Serious Criminal Cases

While concluding the judgment, Judge Diwakar urged the State to ensure that records of serious criminal cases are not transferred from one court to another without cause in a manner that could benefit criminals, strongmen or accused persons.

He suggested that where such transfers take place, the District Government Counsel (Criminal) should be given an opportunity to present the State's position, in accordance with the principles of natural justice.

The judge said such a mechanism would also help prevent forum shopping by criminals in the future.

Remarks on Muzaffarnagar's Crime History

The judgment also discussed the history of crime in Muzaffarnagar and Western Uttar Pradesh.

Judge Diwakar noted that the district had once been described as the “Crime Capital” because several active criminal gangs exercised influence in the region.

He referred to the district's sugarcane economy and said that violent conflicts relating to economic interests, contracts and land disputes had contributed to the criminal environment.

The judgment also referred to discussions regarding the alleged nexus between political patronage and crime.

The judge agreed with the submission of the government counsel that measures including encounters, property attachments and preventive detention had contributed to controlling crime in the district.

The observations have brought renewed attention to the functioning and administrative transfer of serious criminal cases in the subordinate judiciary, as well as the concerns raised by Judge Diwakar regarding judicial independence and the influence of criminal elements.