In 4 months, UP judge sentences 22 to death; rulings ignite debate over ‘rarest of rare’ doctrine
AGRA: Additional district and sessions judge Ravi Kumar Diwakar, who first came into national spotlight after ordering the videographic survey of Gyanvapi mosque complex in Varanasi in 2022, has awarded death sentences to 22 convicts in 10 cases since taking charge in Muzaffarnagar, bringing renewed attention to his record in capital punishment cases.With 13 earlier death sentences during his Bareilly posting, the total number of convicts awarded death penalty by him so far stands at 35.The first set of death sentences in Muzaffarnagar came on April 6, when three convicts in the murder of advocate Sameer Saifi were awarded capital punishment.On April 28, four members of a family — a woman and her three sons — were sentenced to death in another murder case. One convict received the death penalty on May 30, followed by two on June 20. In July, one convict was sentenced to death on July 2, two on July 6 and four more on July 17. In Aug, one convict was awarded capital punishment on Aug 12 and four more on Aug 13.Among the cases in which the death penalty was invoked were the murder of a home guard on duty in 2020, and a 2011 highway robbery-murder case in which four men were sentenced to death last month.The judge’s death sentences during his Bareilly tenure included eight members of Chaimar Hassen gang who were sentenced to death in a 2014 triple murder and dacoity case.The rapid pace and severity of these judgments have ignited debate about application of the ‘rarest of rare’ doctrine while awarding capital punishment.A lawyer, who did not wish to be named, said that “awarding of a death sentence should be done after much deliberation, and keeping the sanctity of the ‘rarest of rare’ principle in mind.”Muzaffarnagar-based prison rights activist, Nadir Rana, said the verdicts have given families of victims “a sense of justice and strengthened their faith in judiciary.”Notably, under section 407(1) of BNSS, every death sentence passed by a sessions court must be sent to high court for confirmation and cannot be carried out unless high court ratifies it.Diwakar’s name first entered national conversation during his tenure as civil judge, senior division, in Varanasi. In May 2022, he ordered a court-monitored videographic survey of the Gyanvapi mosque complex in a suit filed by five Hindu women seeking worship rights at the Shringar Gauri site. During the survey on May 16, 2022, a cylindrical object was found in the wuzukhana; Hindu petitioners claimed it was a Shivling, while the Muslim side disputed the claim. The area was later sealed, and Supreme Court subsequently transferred the proceedings to Varanasi district judge.Diwakar’s earlier postings included Azamgarh, Sultanpur, Budaun and Varanasi. He later served in Bareilly and Chitrakoot before joining Muzaffarnagar on Nov 29, 2025.In June 2022, after the Gyanvapi order, the judge reported receiving a handwritten threat letter purportedly from Islamic Aagaz Movement, following which police reviewed his security. While posted in Chitrakoot in 2025, he sought enhanced residential security, again citing threats connected with the case.Diwakar also drew scrutiny in March 2024 while serving as additional sessions judge, fast track court, in Bareilly, after he praised UP CM Yogi Adityanath in an order linked to the 2010 Bareilly riots case.The order, issued while summoning cleric Maulana Tauqeer Raza Khan, said a religious person in power gives “very good results” and described Adityanath as an example of Plato’s “philosopher king” concept. Allahabad high court later expunged the remarks, calling them “unwarranted expressions containing political overtones”.
