Bombay HC Orders Protection For Former Judge Gautam Patel After Threats Over Dawoodi Bohra Ruling
New Delhi: The Bombay High Court on Monday (June 15) directed the Maharashtra government to provide security to former judge Justice Gautam Patel and his family after they received threats linked to his 2024 ruling in the Dawoodi Bohra succession dispute. According to a report by Live Law, a bench comprising 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 thorough investigation into the threats to Justice Patel. Justice Patel and his family have reportedly received anonymous threat letters over the past ten months in connection with his judgment of April 23, 2024, which upheld Syedna Mufaddal Saifuddin as the rightful spiritual head of the Dawoodi Bohra community, the Dai al-Mutlaq.
The Maharashtra government informed the court that two police officers had been deployed to provide round-the-clock protection to the former judge and his wife at their Mumbai residence. Public Prosecutor Shishir Hiray told the court that a criminal case had been registered and an investigation was underway, the Hindu reported.
Describing the matter as serious, the bench directed the Mumbai Police Commissioner to personally supervise the investigation and submit a status report on July 2. The court said the family, including Justice Patel's daughter, must get adequate protection.
"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.
Live Law reported that the bench also highlighted the need to protect retired judges who had discharged their duties diligently, noting that security arrangements should extend beyond the judge's residence.
The court further directed the Union government to inform it of the steps taken following the alleged assault on Justice Patel's daughter in London earlier this year and to provide details of the progress of the UK police investigation, according to the Hindu.
According to the newspaper, the threats escalated after a letter bearing a German postal mark was delivered to the London residence of Justice Patel's daughter on June 5 (last week). The letter threatened the family's life, claimed that a "contract" had been issued against them and demanded that the retired judge publish a YouTube video retracting his verdict and apologising for the ruling.
Similar letters were also sent to the family's Mumbai residence.
Senior advocate Nitin Thakker, appearing for the bar associations, argued that the threats represented an attack on judicial independence. "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 landmark judgment. The ruling remains under challenge before a division bench of the High Court.
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