Law

Muzaffarnagar Judge Hands Down 23rd Death Sentence in Five Months

The death penalty in bride-burning cases is particularly significant as independent India has not carried out an execution in such a case.

Muzaffarnagar Judge Hands Down 23rd Death Sentence in Five Months

Justice Ravi Kumar Diwakar. Photo: X/@editoramitsaini

A Muzaffarnagar judge who has handed down 23 death sentences in the past five months has defended his approach to sentencing, saying he would rather give up his position than compromise on his principles of legal interpretation and judicial decision-making, The Hindu reported.

Additional District and Sessions Judge (ADSJ) Ravi Kumar Diwakar made the remarks after his court delivered its latest death penalty in a bride-burning case. The sentence must be confirmed by a high court before it can be carried out.

“I would rather die than be called a coward judge,” judge Diwakar said, adding that he would continue in service as long as he could follow his principles, and would resign if he could not.

The latest case concerns the death of a woman, Shahzadi, whose family members turned hostile during the trial and denied that she had faced dowry-related harassment. Despite this, the judge classified the case as falling within the “rarest of rare” category warranting capital punishment.

The death penalty in bride-burning cases is particularly significant as independent India has not carried out an execution in such a case. Capital punishment is legally restricted to the “rarest of rare cases”.

Diwakar’s comments come amid questions over the unusually high number of death sentences issued by his court. Last month, an administrative order transferred around 100 cases pending before him to another judge.

Government counsel Kuldeep Kumar had told PTI that cases involving offences carrying the death penalty or life imprisonment were removed from Diwakar’s fast-track court. The move followed a series of capital punishment orders issued by him over a three-month period.

In his order in the latest case, Diwakar reportedly went beyond the circumstances of the trial and referred to the “alleged influence of the mafia and gangsters on the judicial system, especially in western Uttar Pradesh”.

He also indicated that he was aware of the reasons behind the withdrawal of criminal cases from his court but said he would not disclose them at present, citing the “dignity of the office”.

The scale of dowry-related deaths in India provides a broader context to the case. National Crime Records Bureau data shows that 6,156 police cases concerning dowry deaths were registered across the country in 2023, compared with 7,141 in 2019. The conviction rate stood at 35% in 2023, marginally lower than the 36% recorded in 2019.

Burn injuries also remain a major cause of non-natural deaths among women. NCRB data indicates that around 60% of women who die from non-natural causes die in fires, with women accounting for more than half of the estimated 1.5 lakh to 2 lakh annual burn deaths.

Diwakar’s judicial career has previously attracted considerable attention because of his involvement in the Gyanvapi mosque case. While serving as a civil judge in Varanasi in 2022, he allowed a court-appointed commission to survey the Gyanvapi mosque compound, including videography of the site, after petitions by Hindu women seeking rights to worship at Shringar Gauri and other deities.

Diwakar has said that he and his family received threats following his Gyanvapi order. He alleged that local authorities in Varanasi subsequently reduced rather than strengthened his security. A National Investigation Agency court had requested security for him in 2024, while reports said his mother in Lucknow was also provided protection.

The Gyanvapi proceedings later moved beyond Diwakar’s court after the Supreme Court transferred the matter to another civil judge in Varanasi. The Allahabad High Court had earlier rejected a plea by the mosque management challenging the survey.

In his latest remarks, Diwakar linked his judicial conduct to his willingness to face consequences for decisions he believes are consistent with his principles, even as the unusually large number of death sentences from his court and his earlier involvement in the Gyanvapi dispute continue to draw scrutiny.

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