Fortunate to have such a CJI: Bombay HC on CJI Kant's efforts to ensure protection for Justice GS Patel family in UK

The Bombay High Court on Monday recorded its appreciation for Chief Justice of India Surya Kant’s intervention to secure protection for retired Justice Gautam S Patel’s family in the United Kingdom [Bombay Bar Association & Ors v. Union of India & Ors].

“Are we not really fortunate that the Chief Justice of India himself intervened?” a division bench of Acting Chief Justice RV Ghuge and Justice Gautam Ankhad remarked during the hearing of a PIL filed by three Mumbai bar bodies.

The Bench noted material placed on record to show that the CJI, while on a visit to the UK, personally took up the issue with the Indian High Commission in London after being apprised of the attack on Justice Patel’s daughter and threats to the family.

“He took time out and met the High Commissioner and ensured that protection was given to the daughter and family members. So, we are fortunate that we are led so ably and so strongly by our Chief Justice,” the Bench said. 

The Court recorded in its order that adequate security arrangements were assured to the CJI by the Indian High Commissioner and within no time of the meeting, security cover was extended to the ex-judge's daughter and family members.

The PIL by the Bombay Bar Association, Advocates Association of Western India and the Bombay Incorporated Law Society seeks a court‑monitored probe and enhanced security for Justice Patel and his family after threats allegedly linked to his April 2024 verdict in the Dawoodi Bohra succession dispute.

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

Appearing for the BBA, Senior Advocate Nitin Thakker stressed that the matter raised a larger question of independence of judiciary and asked for a court‑monitored SIT, with periodical reports, to send out a message that the judiciary will not take any threats lightly.

The threats, he said, were not just to Justice Patel but could have a chilling effect on judges hearing the pending appeal in the Dawoodi Bohra case.

“It is a threat, if at all if it is true, to the pending litigation of the judges who are going to take up the matter. And this may encourage other litigants to follow such a suit,” Thakker said.

ACJ Ghuge acknowledged these concerns and pressed the Central government and Maharashtra authorities to demonstrate their commitment on the ground. 

Chief Public Prosecutor Shishir Hiray informed the Court that the Maharashtra Police had already provided two personal security officers (PSOs) to Justice Patel and that whatever more is required would be done.

The Court requested the Commissioner of Police, Mumbai, to personally look into the matter and called for a status report. 

In its order, the Bench also requested the Union of India to place before it a complete picture to spell out the status of the investigation abroad, including steps taken by Hertfordshire Constabulary.

The case has been posted for further hearing on July 2.