Threats Against Justice Gautam Patel's Family : Bar Bodies File PIL In High Court Seeking SIT Probe

Days after condemning the threats and attacks on the family members of former Bombay High Court judge Justice Gautam Patel over his judgment deciding the spiritual leader of the Dawoodi Bohra Community, the Bombay Bar Association (BBA) has filed a PIL seeking court's intervention and directions for safety of the judge and his family.

Reportedly, Justice Patel and his family have been facing threats for the last 10 months now over a judgment he delivered on April 23, 2024, wherein the judge held that Syedna Mufaddal Saifuddin was the rightful successor and 53rd Dai al-Multaq, the spiritual head of the Dawoodi Bohra community.

As per reports, the judge's wife received threat letters in Mumbai while his daughter received similar threat letters in London, where she lives, threatening the family of dire consequences if Justice Patel failed to "recant" his judgment via a YouTube video. The judge's daughter - Aditi Patel was also attacked by a masked man on the streets of London.

Taking cognisance of the issue, the BBA had on June 8, issued statement through its President and Senior Advocate Nitin Thakker.

"The Association records its strongest condemnation of any attempt to threaten, intimidate, harass, assault or otherwise target a Judge or members of a Judge's family on account of the discharge of judicial functions. Reports that a member of Justice Patel's family suffered physical injury in the course of one of these incidents render the matter particularly disturbing and warrant the most serious attention of the authorities," the BBA had said in its statement.

Now, the BBA along with Advocates Association of Western India (AAWI) and the Bombay Incorporated Law Society (BILS) has filed PIL in the HC, seeking urgent intervention of the Court to take note of the incident and to issue appropriate directions to the Respondents for the protection of a retired judge of this and his family members in light of the grave threats issued to them.

"These attacks and the threats are a direct attack on the independence of the judiciary and may also be aimed as a threat to the judges hearing the appeal against the ruling in question thereby interfering with the administration of justice," the PIL reads.

The PIL seeks constitution of a Special Investigation Team (SIT) comprising sleuths from the Maharashtra Police, the CBI and also the NIA.

"Judges regularly preside over cases involving dangerous criminals, terrorists and influential political figures. Adequate security prevents retaliation or coercion, ensuring that rulings are based solely on law and facts. In the present matter, an appeal has been filed against the April 2024 ruling rendered by Justice Patel as a single judge and the same is pending consideration before a division bench. Thus, the demands in the threatening letters issued to Justice Patel and his family members (to release a video recanting his ruling) appear to be a coercive tactic to browbeat or threaten even the judges hearing the appeal in the matter," the PIL states.

The PIL was mentioned before a division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, which has agreed to hear it and the same will be listed in due course.