# Muzaffarnagar judge questions recall of 97 cases from his court

2026-09-19T01:07:31+00:00 | Governance | Indian Opinion Desk

Corroboration: 3 independent outlets

Muzaffarnagar additional district and sessions judge Ravi Kumar Diwakar has questioned the administrative recall of 97 part-heard criminal cases from his court. In a 35-page order acquitting an accused under the NDPS Act, Diwakar said the cases, involving serious offences including murder, were recalled through nine orders on August 18 by the then district judge, just before his retirement, without citing reasons. The judge described the action as contrary to law and without jurisdiction, arguing that part-heard cases cannot be withdrawn administratively. Diwakar, who has handed down 23 death sentences in 11 cases this year, raised questions about judicial independence and whether a judicial officer must comply with an administrative order that is itself illegal. He said the recall orders did not state the reason for withdrawing the cases. Hindustan Times reports the judge also cited Section 409 of the CrPC, which restricts withdrawal once trial has commenced. A death sentence from a sessions court requires high court confirmation before execution.

## Indian Opinion Analysis

All three outlets report the core facts similarly but differ in emphasis. Rediff.com leads with the judge's question 'Where would a judge go if injustice happens to him?' framing the issue as judicial independence under threat. India Today foregrounds the judge's death-sentence record in its lead, suggesting a possible link to the recall. Hindustan Times adds the judge's earlier comment about preferring death to being a cowardly judge, amplifying his personal defiance. None of the sources provide the district judge's side. The unified account shows an administrative action whose legal basis the judge has publicly challenged, with no official explanation yet.

## Coverage

- rediff.com (neutral report) <https://www.rediff.com/news/report/judge-who-awarded-23-death-sentences-questions-recall-of-97-cases/20260918.htm>
  Straight report of judge's remarks and facts, no editorialising
- indiatoday.in (neutral report) <https://www.indiatoday.in/india/story/muzaffarnagar-judge-23-death-sentences-11-cases-questions-recall-of-97-criminal-cases-2997827-2026-09-18?utm_source=rss>
  Presents judge's questions and background without taking sides
- hindustantimes.com (neutral report) <https://www.hindustantimes.com/cities/lucknow-news/muzaffarnagar-judge-questions-legality-of-recalling-97-pending-cases-from-his-court-101789760691097.html>
  Adds judge's earlier comments but stays factual

Tags: death sentence, judicial independence, Muzaffarnagar, NDPS Act, Ravi Kumar Diwakar
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