'Unwarranted Expressions Containing Political Overtones': Allahabad HC Expunges UP Court's Remarks Hailing CM Yogi Adityanath

In a significant development, the Allahabad High Court on Tuesday EXPUNGED the remarks made by Additional Sessions Judge, Bareilly, Ravi Kumar Diwakar in one of his orders pertaining to the 2010 Bareilly Riots case wherein he had praised UP CM Yogi Adityanath and stated that "religious person in power gives good results".

While expunging Judge Diwakr's "unwarranted" remarks "containing political over-tones and personal views", a bench of Justice Ram Manohar Narayan Mishra observed that it is not expected from the judicial officer to express or depict his personal or pre-conceived notions or inclinations in the matter.

"The judicial order is meant for public consumption and such type of order is likely to be misconstrued by the masses. It is expected from judicial officer that he should use a very guarded expression while focusing upon the issue in hand and should not use any observation which are tangent or alien to the core issue," the Single Judge remarked.

It may be noted that in his order (dated March 5, 2024), Judge Diwakar inter alia made a controversial statement wherein he had observed that the main reason for riots in India is that the political parties of the Country are engaged in the "appeasement of a particular religion". Apart from that, he had also likened CM Adityanath to the idea of a 'Philosopher King' as outlined by Plato in his Socratic dialogue, Republic.

"...the head of power should be a religious person because the life of a religious person is not one of enjoyment but of sacrifice and dedication. An example of this is the Peethadeshwar of the great Siddhapeeth Gorakhnath Temple, Mahant Baba Shri Yogi Adityanath ji, who is the current chief minister of Uttar Pradesh, and has proven the above concept to be true": stated Additional District Judge-Fast Track Court (Bareilly) Ravi Kumar Diwakar in his (now) expunged remarks.

"If a religious person sits on the seat of power, it gives very good results, as propounded by the philosopher Plato in his concept of the 'Philosopher King' in his book Republic. Plato said that there would be no end to suffering in our city-state until it had a philosopher king": Judge Diwakar had added.

These observations were made by Judge Diwakar while summoning a Muslim Cleric & Politician Maulana Tauqeer Raza Khan to face the trial for serious criminal charges including 'attempt to murder' in connection with the communal violence which took place in Bareilly in the year 2010. He added that in India, rarely has the mastermind, who instigated a riot, been punished.

In its order, the Bareilly Court, while issuing a non-bailable warrant against Khan, had also underscored that accused Maulana Tauqeer would have incited yet another riot in Bareilly if there was no Yogi Adityanath Government in the state.

The High Court expunged the controversial remarks while dealing with a revision plea filed by Khan challenging the order of the Bareilly Court summoning him to face trial. Though the Court did not give any relief to the revisionist so far as a non-bailable warrant issued against him was concerned, however, keeping in view the ensuing Holi vacations, the revisionist was directed to appear before the trial court on or before March 27, 2024, and apply for bail.

The Court further directed that his bail application be disposed of strictly per the law. The Court added that the non-bailable warrant shall not be executed against him by March 27 only to allow him to appear before the court below.

Other remarks made by Judge Diwkar in hs order 

In his 10-page order, Judge Diwakar, who, in 2022, directed a Videographic survey of the Gyanvapi mosque premises, defended his order in the Gyanvapi Case as he said that the orders passed by him were as per the law. He further mentioned that both he and his family members are consistently concerned about his safety.

"An atmosphere of fear prevails in my family and me in such a way that it is not possible to express it in words. Everyone in the family is worried about each other's safety. One has to think many times before leaving the house. Especially, my mother remains worried about my safety"

He added that his children also ask him whether he would be killed as is shown on the news channels and that when he tries to tell them all the news is fake, they respond by saying that their friends also tell them that their father would be killed and hence, he (Judge Diwakar) cannot fool them (children).

"The fear is so much that some time back an attempt was made by Maulana Tauqeer Raza Khaw to incite riots in Bareilly city and derogatory things were also said by Maulana Tauqeer Raza Khan against the Prime Minister of India, Honorable Shri Narendra Modi, which my wife also heard and she said that when this person can say derogatory things about the Prime Minister of the country, then he can do anything"

He also said that ever since he gave the verdict in the Gyanvapi case, the attitude of people of a particular religion and officials towards him had become strange as if he had "committed some sin" by giving the verdict in the Gyanvapi case.

The High Court has expunged all the above remarks of Judge Diwakar.

Case Citation: 2024 LiveLaw (AB) 184