Mumbai, June 10 (PTI) Security has been provided to retired Bombay High Court judge Gautam Patel and his family in the UK following a series of violent threats linked to his landmark 2024 verdict on the Dawoodi Bohra community succession row, official sources said on Wednesday.
The move comes a day after Chief Justice of India Surya Kant, who is on an official visit to the UK, took up the matter with Indian High Commissioner P Kumaran, who subsequently assured that he would take up the matter with the authorities so that adequate protection is put in place for the former judge and his family.
Speaking to PTI, Justice (retd) Patel termed the intimidation tactics an “attack on governance and the judiciary”, vowing that he would not capitulate to the “ridiculous” demands of the perpetrators.
According to family sources, Justice Patel and his family have received multiple anonymous threat letters over the past 10 months and the harassment escalated on June 5, when a highly threatening letter bearing a German postal mark was delivered to the London residence of Justice Patel’s daughter.
The letter warned of a threat to life and claimed that a “contract” had been issued against the family, and included a digital storage device, which has now been handed over to the London police.
The perpetrators demanded that the retired judge post a video on YouTube apologising for his judgment and retracting the verdict by claiming it was delivered under “duress and coercion”.
Justice Patel asserted that he would not give in to the “ridiculous” demands made in the threat letters asking him to release a video on YouTube recanting the verdict.
“This is an attack on the judiciary and governance. Which judge will take oath if he or she has to face such a situation in the future?” Justice Patel told PTI over the phone from London, confirming that police investigations into the threats and a prior attack on his daughter are currently underway.
Defending the integrity of the judicial process, he said, “In India, there are several religions, but for us in the judiciary and for me, the most sacred book is the Constitution of India. When I took oath, I made a commitment and that cannot be compromised. I cannot betray my duties and that commitment.” He added that the complex succession case had been pending before him for a decade, during which he faced no issues from either party.
The former judge said while he was the immediate victim here, the larger victim in such cases is society at large.
Meanwhile, three lawyers associations filed a public interest litigation in HC on Wednesday seeking judicial intervention into the issue.
The plea has urged the HC to direct the authorities concerned to grant protection to Justice Patel and his family in light of the threats.
The petition was mentioned on Wednesday before a bench of Acting Chief Justice R V Ghuge and Justice Gautam Ankhad and will be listed for hearing in due course.
“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 plea said.
The safety and security of judicial officers is paramount to ensure that they discharge their Constitutional duty without fear or favour, it added.
The petition has been filed by the Bombay Bar Association, the Advocates Association of Western India and Bombay Incorporated Law Society.
The plea has sought HC to set up a Special Investigation Team headed by a retired Supreme Court or High Court Judge and/or direct the CBI or the Maharashtra government to thoroughly investigate the attacks and threats.
It has also sought for adequate security cover to be provided to Justice Patel and his family in India.
On April 24, 2024, a single bench of Justice Patel had upheld the position of Syedna Mufaddal Saifuddin as the 53rd Dai al-Mutlaq (leader) of the Dawoodi Bohra community while noting that he had valid ‘nass’ (appointment).
Justice Patel had dismissed a suit filed in 2014 initially by Khuzaima Qutbuddin soon after his brother and then-Syedna Mohammed Burhanuddin, the 52nd Dai, passed away in January 2014 at the age of 102. Burhanuddin’s second son, Mufaddal Saifuddin, then took over as the 53rd Syedna.
In 2016, after Qutbuddin passed away, his son Taher Fakhruddin took over the suit, claiming his father had conferred the powers on him.
In the judgment, Justice Patel had noted that the plaintiffs had failed to submit any proof to show that Qutbuddin was conferred ‘nass’ by the 52nd Dai.
Justice Patel retired on April 25, 2024.
The succession verdict was later challenged by the plaintiffs before a division bench of the HC, where the matter is currently pending. PTI SP SKL NR
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.