UP judge's rapid death-penalty rulings spark debate over rare-case doctrine

Additional district and sessions judge Ravi Kumar Diwakar, known for ordering a videographic survey of the Gyanvapi mosque complex in 2022, has delivered death sentences to 22 defendants in ten distinct cases since taking charge in Muzaffarnagar. The tally brings his overall death-penalty count to 35, adding 13 sentences from his tenure in Bareilly. Notable cases include the killing of lawyer Sameer Saifi, a family murder involving a woman and her three sons, and a 2011 highway robbery-murder.

The speed and volume of these rulings have ignited a debate over the application of the ‘rarest of rare’ doctrine, with some lawyers urging caution and others, like prison-rights activist Nadir Rana, saying the verdicts provide justice to victims’ families. Each capital sentence must be forwarded to a high court for confirmation under section 407(1) of the BNSS before it can be carried out. Diwakar’s earlier career featured postings in Azamgarh, Sultanpur, Budaun, Varanasi, Bareilly and Chitrakoot, and he previously attracted attention for comments praising Uttar Pradesh chief minister Yogi Adityanath, which were later removed by the Allahabad High Court.