‘Recalling 97 murder cases from me illegal’: UP judge who gave 23 death sentences

In a recent judgment dated September 17, Muzaffarnagar judge Ravi Kumar Diwakar questioned the legality of administrative orders issued by Sessions and District Judges, specifically regarding the recall of 97 serious cases, including murder cases, from his court. Diwakar observed that these orders were issued just 13 days before the District Judge was set to retire, and did not provide a clear reason for the recall.

The 35-page order raised two key questions: if an administrative order is found to be "without jurisdiction," is the judicial officer legally obligated to comply, and if the order conflicts with statutory provisions, can the officer refuse compliance?

Diwakar's inquiry highlights the potential misuse of power by higher-ranking judicial officers, emphasizing that power must be exercised responsibly and within legal bounds. He cautioned that unchecked authority can lead to oppression, rather than protection. The case of 97 murder cases, which had resulted in 23 death sentences handed down in just 10 instances over four months, was recalled following the district judge's administrative order on August 18.

These cases were transferred from Diwakar's court, where he has presided since November 2025 after joining the Uttar Pradesh judicial service in 2009.