UP Govt's Policy On Encounters, NSA Detention & Property Seizure Has Brought Down Crime: UP Judge Agrees With State Claim
Sparsh Upadhyay
8 Sept 2026 9:31 AM IST

Posted in Muzaffarnagar, Additional District and Sessions Judge Ravi Kumar Diwakar has agreed with the State's claim that its policy of taking stringent action against criminals, including encounters, seizure of criminals' property and detention under the National Security Act (NSA), has brought down crime.
The observation came in a 38-page Judgment passed by Judge Diwakar on Monday, awarding the death penalty to Nadeem for deliberately pouring kerosene on his wife, Shahzadi, and burning her alive. The court found that the crime fell within the Rarest of Rare category.
The court was recording the submissions of Assistant District Government Counsel (Criminal) Kuldeep Kumar, who argued that Muzaffarnagar had earlier witnessed widespread gangster terror and contract killings, but that, under the Government's policies, stringent action had been taken against criminals, including “encounter, seizure of criminals' property and detention under NSA”.
Judge Diwakar then recorded his agreement and expressly found the above argument to be correct.
The judge noted that Muzaffarnagar had earlier been described in the media as the "Crime Capital of U.P." because of organized crime, gang wars, kidnapping, ransom, murder for ransom, illegal arms trafficking and contract killings.
The judgment records that several active criminal gangs in western Uttar Pradesh had influence in the district. Economic interests involving the sugarcane belt, contracts and land disputes had also resulted in violent conflicts. The Court also referred to the historical discussion around political protection and the nexus with crime.
The court also referred to the web series Bhaukaal and Bhaukaal-2 to note that they depicted the earlier criminal environment in Muzaffarnagar and the terror of the Shaukeen gang in the Khadar region.
Judge Diwakar recalled the February 16, 2015, murder of gangster Vicky Tyagi inside the Muzaffarnagar district court as an illustration of the earlier atmosphere of criminal terror.
The judge noted that Tyagi was shot repeatedly inside an Additional District Judge's courtroom during a hearing, with the assailant allegedly dressed as a lawyer.
According to the judge, the incident demonstrated that criminals had become “बेखौफ” and had no fear of law or the courts.
The court also referred to the earlier terror of the Shaukeen gang, observing that it had created a terror in the Ganga Khadar region resembling the ravines of Chambal and was known for kidnapping for ransom and killing when ransom was not paid.
The judge noted that Shaukeen and his shooter Ahsan had been killed in police encounters 22–23 years ago. His brother Shahnawaz was sentenced to death by the same court on August 12, 2026, for kidnapping and murdering trader Salim for ransom.
Ankit Balyan Murder: What about victims' rights?
Judge Diwakar also referred to the recent murder of Haryanvi singer Ankit Balyan in Shamli who was shot dead on August 26, 2026, after criminals fired more than 20 rounds at him in broad daylight.
The judge referred to the incident while questioning whether the criminal justice system should concern itself only with the rights and interests of accused persons, while ignoring victims and their families.
He questioned whether Balyan's parents, wife and family, being victims, had no rights or interests to be considered. He further questioned whether the accused in such a case could effectively have the right to choose the court before which their case would be heard.
The judge similarly questioned whether, in serious Sessions cases where the State Government is the complainant and conducts the prosecution on behalf of the victim, the State's interests should not be considered.
The judge said that mafias and gangsters had historically delayed criminal proceedings through intimidation.
He referred to his judgment in the Thokia gang case in Chitrakoot, where there was an approximately 11-year gap between the testimony of two prosecution witnesses.
According to the judge, this demonstrated how the terror of mafias and gangsters could create an atmosphere of fear among public servants and delay judicial proceedings.
He also referred to his trial of Abbas Ansari, son of late gangster-politician Mukhtar Ansari, and proceedings involving Maulana Tauqeer Raza in connection with the 2010 Bareilly riots, observing that their networks were well known.
While agreeing with the State's submission on stringent crime-control measures, Judge Diwakar also stressed that such measures cannot substitute the Rule of Law.
He added that the poor and weak suffer most when the system does not function honestly or according to law, and that the ordinary poor person can find relief through the Rule of Law, whereas anarchy benefits the powerful. The judge further observed thus:
"आज दुनिया में दान की बजाय न्याय की ज्यादा जरुरत है। न्याय की गैर हाजिरी में स्वतंत्रता का कोई अर्थ नही रह जाता।" [Today, the world needs justice more than charity. In the absence of justice, freedom has no meaning.]
Judge says his Security was reduced despite threats
The judgment also contains detailed observations concerning threats allegedly received by Judge Diwakar and his family.
He stated that following his handling of the Gyanvapi case, he and his family had received several death threats, including threats communicated through international phone calls. He also referred to proceedings concerning alleged threats against him in connection with the case.
The judge alleged that despite these threats, local police had been negligent regarding his security, and specifically said that his security had been reduced compared to his posting in Bareilly.
He also referred to the killings of judicial officers, including Additional District Judge Uttam Anand of Dhanbad, and observed that judges hearing serious cases remain vulnerable to attacks and can become “soft targets” for anti-social elements.
'Deeply Hurt and Saddened'
Judge Diwakar also claimed that serious cases were recalled from his court to benefit mafia and criminals, as he said that he was "deeply hurt and saddened" by the conduct. He added that he would rather die than be called a "coward judge".
Read more about his remarks here : 'I'd Rather Die Than Be Called A Coward Judge': UP Judge Claims Serious Cases Recalled From His Court To Benefit Mafia, Criminals
The judge said his parents had taught him from childhood to fear God and no other person.
He observed that if he became afraid of "bahubalis/mafias/criminals", it would be in conflict with the public's expectation that judges remain impartial, fearless and are able to discharge their judicial functions without fear. In a significant remark, he remarked thus:
"I would rather die than be called a coward judge. As long as I can follow my principles, I will continue in service; otherwise, I will resign".
He also asserted that as long as he occupied the judicial chair, the authority to take a decision/judgment "will be solely mine".
Also read: How Allahabad High Court Has Been Exposing UP Police's Encounter Narratives

