'AILAJ' Writes To CJI DY Chandrachud Seeking Action Against Bareilly ADJ Over His Order Praising UP CM Yogi Adityanath

The letter to the CJI prays that the order by Judge Diwakar containing "controversial, prejudicial, bigoted and unconstitutional statements, conclusions and direction" be expunged from the record.

The letter also prays that necessary actions be taken against the Judge including skill development at the judicial academy.

Importantly, in his order, Judge Diwakar had referred to his order passed in the Gyanvapi Case and the "threats" that he had faced after passing the order and the "atmosphere of fear prevailing in his family".

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 yet another observation, he also said 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", due to which the morale of prominent people of that particular religion increases to the extent that they start thinking that even if they incite riots, nothing would be done to them.

More details of Judge Diwakar's order could be read here: 'Religious Person In Power Gives Good Results, Yogi Adityanath An Example Of It': UP Judge Likens CM To Plato's Idea Of 'Philosopher King'

“…it is seen that this order of the Sessions Court has the effect of perpetuating misplaced stereotypes and bigoted impressions about the Muslim community. Furthermore, this order has tipped the scales of justice, breached the avowed principle of independence of the judiciary and is damaging to the reputation of the judiciary. It represents an abject failure on the part of the Judge to abide by the standards and norms bearing on judicial officers i.e. to maintain independence, impartiality and propriety. Indeed, the Judge, in making these statements which reveal manifest bias and prejudice against the Muslim community, has failed the basic standards of judicial conduct thereby shaking the public's confidence in the judiciary,” the letter of the All-India Lawyers' Association For Justice to CJI Chandrachud states.

The letter adds that in his order, Judge Diwakar has also resorted to detailing his experience while dealing with the Gyanvapi Masjid case, which in itself is judicial impropriety, but also raises questions of fairness.

“No doubt the Judge is pained by these experiences, but penning them in a judicial order in an all-together unconnected matter, while making other controversial and questionable statements and conclusions, creates serious doubts about his fairness and impartiality,” the letter further adds.