UP judge sentences 22 to death in 4 months, sparks debate over 'rarest of rare' doctrine

Additional district and sessions judge Ravi Kumar Diwakar has sentenced 22 individuals to death in 10 separate cases since assuming charge in Muzaffarnagar, reigniting discussions on the 'rarest of rare' principle governing capital punishment. His total tally across his Bareilly posting and Muzaffarnagar tenure stands at 35 death sentences.The first set of death penalties came down on April 6, when three convicts involved in the murder of advocate Sameer Saifi were handed capital punishment.

On April 28, a woman and her three sons were convicted and sentenced to death in a separate murder case. Diwakar continued doling out death sentences in subsequent months, with one convict receiving the penalty on May 30, two on June 20, one on July 2, two on July 6, and four on July 17. August saw the imposition of death penalties on July 2, July 6, and four more on July 17, with one on August 12 and four on August 13.The cases for which the death penalty was applied included the 2020 murder of a home guard on duty and a 2011 highway robbery-murder case where four men were sentenced to death recently.

His death sentences during his Bareilly tenure encompassed the 2014 triple murder and dacoity case against the Chaimar Hassen gang.Diwakar's rapid streak of death penalty verdicts has sparked debate over the 'rarest of rare' doctrine, with a lawyer stating, "Awarding of a death sentence should be done after much deliberation, and keeping the sanctity of the 'rarest of rare' principle in mind."

Nadir Rana, a prison rights activist from Muzaffarnagar, noted that the verdicts have provided victims' families a sense of justice. However, according to section 407(1) of the BNSS, every death sentence passed by a sessions court must be sent to the high court for confirmation, and execution can only proceed if the high court ratifies it.Diawakar first gained national attention while serving as a civil judge, senior division, in Varanasi in 2022, when he ordered a court-monitored videographic survey of the Gyanvapi mosque complex.

Threats led to increased security measures for Diwakar in various postings, including Chitrakoot in 2025. In March 2024, he faced criticism for praising UP CM Yogi Adityanath in an order linked to the 2010 Bareilly riots case, with the Allahabad high court later dismissing the remarks as unwarranted political overtones.