Pritinker Diwaker (Judge) Wiki, Age, Wife, Family, Biography & More

Pritinker Diwaker is an Indian judge. He was the Chief Justice of the Allahabad High Court. He has also served as the judge of the Chhatisgarh and Allahabad High Courts.

Wiki/Biography

Pritinker Diwaker was born on Wednesday, 22 November 1961 (age 62 years; as of 2024). His zodiac sign is Scorpio. He pursued his undergraduate degree in law from the Rani Durgavati Vishwavidyalaya (also known as the University of Jabalpur) in Madhya Pradesh.

Physical Appearance

Height (approx.): 5′ 5″

Hair Colour: Salt and pepper

Eye Colour: Black

Family

Parents & Siblings

Diwaker’s father’s name is Dr. S. C. Diwaker (deceased). There is not much information about his parents and siblings.

Career

Advocate

Pritinker Diwaker enrolled as an advocate in 1984 and worked on cases involving constitutional, civil, and criminal matters. In 1984, he worked at the main Bench of Madhya Pradesh High Court. During his career, he was the standing counsel for many big organizations like SAIL (Steel Authority of India Limited), the State Bank of India, Chhattisgarh Gramin Bank, Bank of Baroda, IDBI, Madhya Pradesh State Financial Corporation, Kotak Mahindra Bank, Raipur Dugdh Sangh, CBSE (Central Board of Secondary Education), and many municipal corporations. In 2000, when the High Court of Chattisgarh was formed, Diwaker shifted to Bilaspur, Chattisgarh. In 2005, the High Court of Chhattisgarh appointed him as the Senior Advocate. He served on the Madhya Pradesh State Bar Council for seven years and later on the State Bar Council of Chhattisgarh for five years.

Judge & Chief Justice

In 2009, he was offered a judgeship at the Chhattisgarh High Court by the judicial collegium. He was transferred to the High Court of Judicature at Allahabad on 3 October 2018. On 13 February 2023, he was appointed as the Acting Chief Justice of the High Court of Judicature at Allahabad (currently known as Prayagraj). This temporary job later became his official position as the Chief Justice of the High Court of Allahabad. The Supreme Court Collegium, which included Chief Justice of India D. Y. Chandrachud and Justices Sanjay Kishan Kaul and K. M. Joseph, agreed that Justice Diwaker should be the next Chief Justice of Allahabad High Court. The Central Government approved this decision on 24 March 2023. Diwaker took the oath of office as Chief Justice on 26 March 2023. He retired in November 2023.

Notable Cases

Application Of Anticipatory Bail By Child In Conflict With Law

Mohd. Zaid v. State of U.P.: The Allahabad High Court was asked if a child in trouble with the law can request anticipatory bail under the Code of Criminal Procedure. The court, led by Judges Pritinker Diwaker and Samit Gopal, said yes. Even though the Juvenile Justice Care and Protection Act, of 2015, talks about how it applies to the Code of Criminal Procedure, it doesn’t stop a child from seeking anticipatory bail. However, the court can decide whether to give bail or not. But unless there’s a specific reason not to, a child can ask for anticipatory bail.

Kanpur Bar Association Strike

In 2023, a seven-judge bench in the Allahabad High Court which included Chief Justice Diwaker issued notices to lawyers who were a part of a strike organised by the Kanpur Bar Association and the Lawyers’ Association. The notice responded to a Public Interest Litigation (PIL) and instructed the lawyers that if they did not go back to work, they would be charged with contempt of court. The lawyers ignored the court order and continued their strike, leading the court to frame contempt charges against them for “paralysing judicial work” in Kanpur since March 2023.

Acid Attack Case

The Allahabad High Court acquitted an acid attack convict because it wasn’t clear beyond a doubt and to the satisfaction of the judge’s conscience that the person was guilty. The convict had been sentenced to life imprisonment and fined under the Indian Penal Code. Pritinker Diwaker stated that if there are two possible views, one suggesting the accused’s innocence and the other suggesting guilt, the one favouring the accused should be chosen. The convict was given the benefit of the doubt and was acquitted.

Gyanvapi Title Dispute

In 1991, the Ancient Idol of Swayambhu Lord Vishweshwar and others filed a suit in the Varanasi local court seeking the removal of the Gyanvapi Mosque and restoration of the land to Hindus. On 8 April 2021, the Varanasi Civil Court, allowed the Archeological Survey of India (ASI) to conduct a physical survey of the Gyanvapi mosque which is adjacent to Kashi Vishwanath Temple. Against this order, Anjuman Intezamiya Masajid of Varanasi sought relief from the High Court, which led to a pause on the proceedings before the lower court, including the ASI survey of Gyanvapi.

Chief Justice Pritinker Diwaker found issues with how the case was handled. He noted that even though Justice Padia (who was the single-judge bench who was overseeing the case) had already reserved judgment on 15 March 2023, it wasn’t delivered on time. Despite this, the cases continued to be listed before the same judge, which Chief Justice Diwaker found highly problematic. Due to the issues and delays, Chief Justice Diwaker withdrew the case from Justice Padia. Diwaker retired before the case was closed.

Controversies

Controversy Surrounding Transfer To Allahabad High Court

During his retirement function held at Prayagraj (previously known as Allahabad), Uttar Pradesh, Justice Pritinker Diwaker spoke against the collegium and criticised their actions. In his farewell speech, he said that his transfer from the Chhattisgarh High Court to the Allahabad High Court (HC) was done by a group (the Indian Judicial Collegium) led by former Chief Justice of India Dipak Misra to “harass” Diwaker.

He stated that the transfer was unfair, a statement that sparked controversy. Diwaker was transferred to the Allahabad High Court in 2018. During his farewell speech, Diwaker said,

My transfer order seemed to have been issued with an ill intention to harass me. However, as fortune would have it, the bane turned into a boon for me because I received immeasurable support and cooperation from my companion judges as well as from the members of the Bar.” ^[1]The Indian Express

He also thanked the Chief Justice of India D. Y. Chandrachud for fixing the “injustice” by recommending Diwaker to take over as the Chief Justice of Allahabad High Court.

Achievements

• The High Court of Chhattisgarh appointed Pritinker Diwaker a senior advocate in 2005.

• Diwaker was appointed as a Judge in 2009.

• Diwaker was appointed as the Chief Justice of Allahabad High Court in March 2023.

Facts/Trivia

• During his farewell speech, Pritinker Diwaker mentioned that the inspiration to become a lawyer came from his father, Dr. S. C. Diwaker.

• Diwaker stated that he did not want to become a judge and accepted the position only after discussions with friends and family.

• Diwaker is invited as the chief guest to events and universities where he gives talks.
  

  Pritinker Diwaker (standing, right) giving a talk at the Teerthanker Mahaveer University