Law

Bombay HC Orders Security for Retired Judge Gautam Patel Amid Threats Over Dawoodi Bohra Verdict

The former judge and his family have reportedly been receiving anonymous letters over the past ten months over his April 23, 2024 verdict in the Dawoodi Bohra succession dispute.

Bombay HC Orders Security for Retired Judge Gautam Patel Amid Threats Over Dawoodi Bohra Verdict

The Bombay High Court. Photo: Wikimedia Commons.

Expressing concern over threats received by retired Bombay High Court judge Justice Gautam Patel and his family, the Bombay High Court on Monday directed the Maharashtra government to ensure their protection and ordered senior police officials to closely monitor the investigation into the matter.

According to a Live Law report, a bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was hearing a public interest litigation filed by the Bombay Bar Association, the Advocates Association of Western India and the Bombay Incorporated Law Society. The petitioners also sought a comprehensive probe into the threats faced by Justice Patel.

The former judge and his family have reportedly been receiving anonymous letters over the past ten months over his April 23, 2024 verdict in the Dawoodi Bohra succession dispute, which recognised Syedna Mufaddal Saifuddin as the legitimate spiritual leader of the community, the Dai al-Mutlaq.

During the hearing, the Maharashtra government informed the court that two police personnel had already been assigned for round-the-clock security at Justice Patel's Mumbai residence, where he lives with his wife. Public Prosecutor Shishir Hiray submitted that a criminal case had been registered and that investigations were in progress, according to The Hindu.

Terming the issue serious, the bench instructed the Mumbai Police Commissioner to personally oversee the investigation and place a status report before the court on July 2. It also emphasised that adequate security should be extended to all members of the family, including Justice Patel’s daughter.

“A judge who has done his duty and demitted office is facing this. The Union and the state governments need to act swiftly. His protection is most important. You need to prove how committed you are,” the court observed, according to the Hindu report.

As reported by Live Law, the bench underlined the importance of safeguarding retired judges who had faithfully discharged their responsibilities and noted that security measures should not be confined merely to the judge’s residence.

The court also sought details from the Union government regarding the steps taken after Justice Patel’s daughter was allegedly assaulted in London earlier this year and asked for an update on the investigation being conducted by the UK police, The Hindu reported.

According to the newspaper, the threats intensified after a letter carrying a German postal stamp reached the London residence of Justice Patel’s daughter on June 5. The communication allegedly threatened the lives of family members, claimed that a “contract” had been issued against them and demanded that the retired judge upload a YouTube video withdrawing his verdict and apologising for it.

Similar threatening letters were reportedly delivered to the family’s residence in Mumbai as well.

Appearing on behalf of the bar associations, senior advocate Nitin Thakker argued that the matter went beyond an attack on one individual and struck at the independence of the judiciary itself.

“It is not just a threat to Justice Patel but to the entire judiciary. A message must be sent that the judiciary is not going to take such threats lightly,” he told the court, according to Live Law.

Justice Patel retired from the Bombay High Court in April 2024 shortly after delivering the ruling, which continues to be challenged before a division bench. The latest proceedings have once again brought into focus concerns surrounding the security of judges after retirement and the need to preserve judicial independence from intimidation or coercion.

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