Where should judge go when faced with injustice? UP trial judge again questions transfer of 97 murder cases

Additional Sessions Judge Ravi Kumar Diwakar has once again raised questions regarding the recent transfer of about 100 criminal cases from his court by the Muzaffarnagar District and Sessions Judge.

Judge Diwakar was in the news for sentencing 23 people to death in 11 cases in the last 5 months. As a result, at least 97 murder cases were transferred out of his court in August.

He had recently remarked that the cases were transferred out of his court to benefit gangsters and the mafia. In a verdict delivered on Thursday, Judge Diwakar said the District and Sessions Judge's decision was contrary to law and without jurisdiction.

"Work of a Judge is to do justice, and if injustice happens with him, where should he go? Is a Judge, who discharges his duties under administrative control of District Judge, bound to accept such orders of District Judge which are contrary to law, i.e., without jurisdiction?," Diwakar said.

The judge flagged that the District and Sessions Judge passed the nine transfer orders on August 18, just 13 days before his retirement without any reason.

He observed that while the law gives power of case transfer to a District and Sessions Judge, the exercise of that power should be judicially justified.

"If large number of serious case files are withdrawn/transferred from any court, merely saying "Sessions Judge has power" will not be sufficient; legal ground and circumstances of exercise of that power are different questions," Judge Diwakar wrote.

He also wrote that India is run by the rule of law and not by arbitrary conduct of public servants.

"A public servant cannot behave/conduct like kings and he will have to give reasons for his every order, i.e. order should be speaking order," he added.