In light of recent threats and attacks against retired Justice Gautam Patel and his family, three prominent bar associations in Mumbai have filed a public interest litigation (PIL) with the Bombay High Court. The associations—Bombay Bar Association, Advocates Association of Western India, and the Bombay Incorporated Law Society—are seeking a court-supervised investigation and enhanced security measures for the former judge and his family. These alarming incidents are believed to be linked to Justice Patel’s April 2024 ruling in the ongoing Dawoodi Bohra community leadership dispute.
The PIL was presented for urgent consideration before Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad. A hearing date is anticipated to be scheduled soon. The plea underscores the severity of the threats, which have included not only threatening letters but also a physical attack on Justice Patel’s daughter in London, where she was reportedly assaulted by a masked assailant, resulting in a fractured nose.
These correspondences allegedly demand that Justice Patel retract his 2024 judgment in the Dawoodi Bohra succession case through a YouTube video, with outlined instructions for dissemination to legal bodies and the media. The PIL asserts that such intimidation tactics are a direct attack on the independence of the judiciary and pose a significant threat to the impartial execution of judicial duties, warranting urgent attention from India’s Constitutional Courts.
“A failure to address these issues promptly could undermine the authority and dignity of the Constitutional Courts, instilling fear among judicial officers,” the PIL states. It notes that while law enforcement agencies in both Mumbai and the United Kingdom are investigating the matter, there appears to be little progress.
The plea highlights the cross-border nature of these threats, underscoring the perpetrators’ apparent disregard for the rule of law and judicial dignity both within India and internationally. The case emphasizes the challenges posed by jurisdictional divides between India and the UK.
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As a potential remedy, the PIL proposes the establishment of a Special Investigation Team (SIT) led by a retired judge from the Supreme Court or High Court to oversee the investigation into these threats and attacks. Furthermore, it calls on the High Court to direct a thorough investigation by an appropriate agency, ensuring those responsible are prosecuted, whether they are located in India or abroad. The PIL also urges the Ministry of External Affairs to liaise with UK authorities to safeguard Justice Patel and his family while they are in the UK.
Domestically, the PIL requests that Indian authorities provide adequate security to Justice Patel and his family. The backdrop to these threats is a deeply contested leadership dispute within the Dawoodi Bohra community, following the death of their 52nd leader, Syedna Mohammad Burhanuddin. His son, Mufaddal Saifuddin, succeeded him as the 53rd leader, a position contested by Khuzaima Qutbuddin, the deceased Syedna’s half-brother. The dispute, unresolved since 2014, led to Justice Patel’s 2024 verdict affirming Mufaddal Saifuddin as the rightful leader. This decision is currently under appeal before a division bench of the High Court.
