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Synopsis

The Allahabad High Court has expunged the comments made by Additional Sessions Judge-Fast Track Court (Bareilly) Ravi K. Diwakar in his order in the 2010 Bareilly communal violence case where he issued summons to Maulana Tauqeer Raza Khan of the Barelvi sect. 

The judge had commented on the correlation between religion and the administration of the state. Referring to the idea of a 'Philosopher King' given by Plato in his Socratic dialogue, Republic, Judge Diwakar had said that "the head of power should be a religious person". He had then cited Chief Minister Yogi Adityanath as an example.

The single judge bench of Justice Ram Manohar Narayan Mishra held that the comments of the judge were "unwarranted expressions containing political over-tones and personal views".

It is not expected from the judicial officer to express or depict his personal or pre-conceived notions or inclinations in the matter, Justice Mishra said. 

Referring to Judge Diwakar's recounting of his personal experience when he ordered a video survey of Gyanvapi in 2022 as a Civil Judge (Senior Division) and subsequently received threatening messages, Justice Mishra remarked that such observations are not at all required while passing passing judicial order.

He emphasised that a "judicial order is meant for public consumption and such type of order is likely to be misconstrued by the masses".

Justice Mishra asserted that 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.

Therefore, he expunged the last para of page-6 to the middle part of page-8 of Judge Diwakar's order and directed that it should be construed as non est.

The order was passed in a criminal revision plea filed by Maulana Tauqir Raza Khan whom Judge Diwakar had held "the mastermind" behind the 2010 communal violence in Bareilly.

Case Title: Maulana Tauqir Raza Khan v. State of U.P. and Another