The Bombay High Court has lauded Chief Justice of India (CJI) Surya Kant for his proactive measures in ensuring the protection of retired Justice Gautam S Patel’s family in the United Kingdom. This commendation came during a hearing on a public interest litigation (PIL) filed by three Mumbai bar associations, namely the Bombay Bar Association, Advocates Association of Western India, and the Bombay Incorporated Law Society [Bombay Bar Association & Ors v. Union of India & Ors].
Intervention by CJI Surya Kant
A division bench comprising Acting Chief Justice RV Ghuge and Justice Gautam Ankhad expressed their gratitude towards CJI Surya Kant’s intervention. While visiting the UK, the CJI took the initiative to discuss the family’s security concerns with the Indian High Commission in London, following an attack on Justice Patel’s daughter and threats against his family. The bench highlighted the CJI’s dedication, stating, “Are we not really fortunate that the Chief Justice of India himself intervened?”
Security Measures Ensured
The court noted in its order that, following CJI Surya Kant’s meeting with the High Commissioner, prompt security arrangements were made for Justice Patel’s daughter and family. This swift action underscored the leadership and commitment demonstrated by the Chief Justice.
Details of the PIL
The PIL seeks a court-monitored investigation and enhanced security for Justice Patel and his family. Concerns were raised due to threats allegedly connected to Justice Patel’s April 2024 ruling in the Dawoodi Bohra succession dispute. Reports indicate that Justice Patel’s daughter was confronted by a masked individual in London, resulting in a fractured nose.
The Independence of the Judiciary
Senior Advocate Nitin Thakker, representing the Bombay Bar Association, emphasized the broader implications of such threats on judicial independence. He advocated for a court-monitored Special Investigation Team (SIT) to ensure that threats against the judiciary are taken seriously. Thakker highlighted the potential chilling effect on judges involved in the ongoing appeal of the Dawoodi Bohra case, cautioning that such incidents could embolden other litigants to resort to similar tactics.
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Response from Authorities
Acting Chief Justice Ghuge called upon the Central and Maharashtra governments to act decisively in response to these threats. Chief Public Prosecutor Shishir Hiray informed the court that the Maharashtra Police had assigned two personal security officers (PSOs) to Justice Patel and assured that further necessary measures would be implemented.
The court has instructed the Commissioner of Police, Mumbai, to oversee the matter personally and requested a status report. Additionally, the Union of India was asked to provide comprehensive details regarding the investigation in the UK, including actions taken by Hertfordshire Constabulary.
Next Steps
The matter is scheduled for further hearing on July 2, where the court will continue to monitor progress in ensuring the safety and security of Justice Patel and his family.
