I'd rather die than be called coward, says UP judge
MEERUT, Sept. 9 -- Additional district and sessions judge, Ravi Kumar Diwakar, while pronouncing his 23rd capital punishment in the last five months in a murder case on Monday (September 7), said in his verdict that he would prefer death to being called a "coward judge".
The judge's statement came in a ruling, wherein he sentenced one Nadeem to death in the 2018 Shahpur Shahzadi murder case and imposed a fine of Rs 1 lakh on him. The case related to Nadeem allegedly setting ablaze his wife Shehzadi, 23, in Shahpur town on July 23, 2018, over dowry demands.
Diwakar's judgment also contained observations about alleged threats, pressure on the judiciary and the influence of gangsters and mafias in western Uttar Pradesh.
He said his parents had taught him from childhood to fear God and no one else."I would prefer to die rather than be called a cowardly judge. As long as I am able to follow my principles, I will continue to serve. Otherwise, I will resign," he wrote in the judgment. HT has access to the copy of the verdict.
He added that as long as he occupied the judge's chair, the authority to take judicial decisions would remain solely with him.
"If I start fearing anyone else, people will lose faith in the court. If I begin to fear mafias, it would be better for me to resign from this sacred judicial institution," he wrote.
Referring to the law and order situation in Muzaffarnagar, Diwakar recalled the murder of gangster Vicky Tyagi inside a packed courtroom.
The incident, he said, demonstrated the extent to which criminals had been emboldened in the district and had little fear of law.The judge also referred to the influence of the Shaukeen gang in the region. He noted that his court had recently sentenced Shaukeen's brother, Shahnawaz, to death.
Diwakar said he had encountered circumstances in which the influence of mafia, gangsters and criminals had become a matter of concern. The September 7 judgment also referred to threats allegedly received by the judge and his family after the Gyanvapi case in Varanasi.
Diwakar said he had received several death threats and that some threats had originated from outside India.
He specifically referred to an accused named Adnan Khan, who allegedly used an Instagram account to threaten him. According to the judgment, the account carried his photograph and used the word "kafir" across his eyes, accompanied by threatening language. The judge said such threats had also affected his family.
The judge also referred to an alleged message from a gangster from western UP. According to Diwakar, the gangster warned him that while cases had so far only been removed from his court, continued pursuit of the matter could result in the court itself being changed or the judge being transferred outside the district.The gangster allegedly claimed to have influence at higher levels.
Diwakar described such a situation as a serious crisis for a democratic country, saying the judiciary cannot function properly if judges become incapable of delivering justice because of pressure or influence.
The remarks came against the backdrop of the transfer of around 100 cases from his court to other courts last month. The district judge had recalled the cases and transferred them elsewhere.The observations were made in the judgment sentencing Nadeem in the murder of his wife, Shehzadi.According to the case details, on the night of July 3, 2018, at around 8.30 pm, Nadeem assaulted and abused Shehzadi. He allegedly poured kerosene over her before setting her on fire. Shehzadi was subsequently taken for treatment and died at Safdarjung Hospital in Delhi on July 28, 2018.
The prosecution case faced a major challenge when Shehzadi's parents and brother turned hostile and retracted their statements before the court.
However, her statement recorded before an executive magistrate at Safdarjung Hospital on July 24, 2018, became the key piece of evidence.
In the statement, Shehzadi specifically said that her husband, Nadeem, had poured kerosene over her and set her on fire. The court relied on the dying declaration while holding Nadeem responsible for her death.
The court, however, did not convict Nadeem under the provisions relating to dowry death.
The judge noted that Shehzadi had not mentioned any demand for dowry or dowry-related harassment in her statement. Nadeem was therefore acquitted of the dowry death charges but was sentenced to death for the murder.
His sister-in-law, Soni, was acquitted of all charges in the case. Nadeem's mother, Shamshida, who was also an accused, had died.Diwakar began his judicial career in 2009 and previously served in Sambhal and Bareilly. He awarded death sentences to 36 convicts during his 17 years of judicial service, according to details cited in the judgment.
His tenure in Muzaffarnagar had been particularly notable, with 23 convicts receiving death sentences from his court within five months. He assumed charge at the additional district and sessions court, fast track court-3, in Muzaffarnagar on November 29, 2025....
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