Three prominent Mumbai bar associations have approached the Bombay High Court seeking enhanced security for retired Justice Gautam Patel and his family, along with a court-monitored Special Investigation Team (SIT) probe into the threats and physical attacks they have faced. The judge is facing attacks and threats over his judgement on the successor of the Dawoodi Bohra community.
The public interest litigation (PIL) filed by the Bombay Bar Association, Advocates Association of Western India, and the Bombay Incorporated Law Society mentions a series of intimidating incidents reportedly stemming from Justice Patel’s April 2024 judgment in the long-standing Dawoodi Bohra community succession dispute. In that verdict, Justice Patel ruled in favour of Syedna Mufaddal Saifuddin as the rightful 53rd spiritual leader (Dai al-Multaq) of the community, dismissing the claims of his half-brother, the late Khuzaima Qutbuddin.
The judgment, delivered after a nine-year trial, remains under challenge before a division bench of the High Court.
According to reports, Justice Patel’s family has faced threats for nearly ten months after the verdict. His wife in Mumbai and daughter Aditi Patel in London have received threatening letters demanding that the retired judge publicly retract his verdict through a YouTube video, with specific instructions on circulating the statement. The letters allegedly warn of dire consequences for non-compliance.
In one alarming incident, Aditi Patel was physically attacked on a London street in April this year by a masked individual, resulting in a fractured nose. Her home was also reportedly broken into. She received a letter on 5th June this year saying, “You were given ample warning. The gang has been paid. The next step involves cremation of you and your family. You can cancel the contract by doing what you were told in the last letter. Attached is a chip that shows what happens because you chose not to comply.” The letter sent from a fake London address contained an SD card. However, the family didn’t try to open the card and handed it over to the police.
The perpetrators appear to be disgruntled members within the Dawoodi Bohra community opposed to the judgment favouring Syedna Mufaddal Saifuddin. Notably, Khuzaima Qutbuddin died in April this year in the United States, where he was on a visit. Qutbuddin had filed the petition in the Bombay High Court challenging the appointment of Mufaddal Saiffudin, the son of Syedna Mohammed Burhanuddin, his late half-brother, as the 53rd Dai or head of the community. With Qutbuddin’s death, it was expected that the dispute over the seat will come to an end. But people unhappy with the judgment continue to target the judge.
The PIL describes the attacks as a direct assault on the independence of the judiciary and the rule of law, emphasising the cross-jurisdictional challenges involving India and the United Kingdom.
Police authorities in Mumbai and the Hertfordshire Constabulary in the UK are investigating the matters, with the latter providing security to the family in London. However, the PIL notes limited progress and urges coordination through the Ministry of External Affairs. It seeks a comprehensive probe by an SIT involving Maharashtra Police, CBI, and possibly NIA, alongside adequate security cover for Justice Patel and his kin in India.
The PIL was mentioned before a division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, who have agreed to list it for hearing in due course. Senior members of the bar have strongly condemned the incidents, warning that failure to address such threats could erode public confidence in the judiciary and deter judges from discharging their duties fearlessly.
