Bar bodies move Bombay HC for protection of ex-Justice Gautam Patel and family, seek SIT probe into attacks

Three bar associations of Mumbai have filed a public interest litigation (PIL) in the Bombay High Court seeking a court-monitored probe and enhanced security for retired Justice Gautam Patel and his family, following threats and attacks they faced, reportedly connected to the judge's April 2024 verdict in the Dawoodi Bohra community leadership dispute.

The PIL is filed by the Bombay Bar Association, Advocates Association of Western India and the Bombay Incorporated Law Society.

It was mentioned for urgent listing before the Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad today. A date for hearing will be given in due course.  

The plea refers to media reports which state that besides receiving threatening letters, Justice Patel's daughter was accosted and attacked in London by an unidentified masked individual, and she sustained a fractured nose. 

The letters allegedly demand that Justice Patel publicly retract his 2024 judgment in the Dawoodi Bohra succession case through a YouTube video, and even set out instructions on how such a statement should be circulated to legal bodies and the media.

The PIL characterises these threats as a direct assault on the independence of the judiciary and the free and fair discharge of judicial duty which ought to shock the conscience of the Constitutional Courts in India.

“Failure to address the issue adequately and promptly would diminish and weaken the majesty and dignity of the Constitutional Courts and create fear in the minds of judicial officers,” the PIL says.

It also points out that although police authorities in Mumbai and the United Kingdom are seized of the matter, no significant progress appears to have been made in the investigations.

“The intimidation and attacks committed outside India further show the scant regard that the perpetrators have for the rule of law, and the dignity of the Courts in India and abroad. The miscreants appear to be taking advantage of the jurisdictional divide between India and the United Kingdom,” the PIL said. 

In terms of reliefs, the PIL seeks a court‑monitored Special Investigation Team headed by a retired Supreme Court or High Court judge to probe the threats and attacks.

It also urges the High Court to direct an appropriate investigative agency to thoroughly investigate the incidents and prosecute those responsible, whether in India or abroad; to ask the Ministry of External Affairs to coordinate with UK authorities to ensure the safety of Justice Patel and his family in the UK.

The PIL has also prayed for orders to require the Indian authorities to provide adequate security cover to the judge and his family within India.

The deeply contested succession dispute within the Dawoodi Bohra community happened post the demise of their ‘Syedna’ (community leader) Mohammad Burhanuddin, the 52nd leader. 

After his demise, his son Mufaddal Saifuddin took over as the 53rd leader. This was disputed by Khuzaima Qutbuddin, half-brother of the deceased Syedna. When the dispute could not be resolved, it reached the High Court in 2014.

In 2024 after a 9 -year trial Justice Patel held Mufaddal Saifuddin as the rightful leader of the community. 

This verdict is presently under challenge before a division bench of the High Court.