Mumbai, Jun 15 The Maharashtra government on Monday told the Bombay High Court it has given police protection to retired Judge Gautam Patel and his family who have been receiving threatening letters over his 2024 verdict on the succession row in the Dawoodi Bohra community.
Public prosecutor Shishir Hiray, appearing for the government, informed a bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad that two police officers will be present with Justice Patel and his wife in Mumbai at all hours.
A case has also been lodged with the Gamdevi police by Justice Patel over the threats and an investigation was underway, he said.
The court noted that this was a serious issue and said it wants the Mumbai police commissioner to personally supervise the case and submit a status report on July 2.
"A judge who has done his duty and demitted office is facing this (threats). The Union and the state governments need to act swiftly. His (Patel) protection is most important. You need to prove how committed you are," the court said.
The bench said both Justice Patel, his wife and also daughter, who are in Mumbai, should be adequately protected.
It directed the Union government to submit what steps it has taken on the incident when Justice Patel's daughter was physically assaulted in April this year in London.
The Centre shall also submit the steps taken by the police there in London in its probe in the case, the bench said.
"With regard to the case lodged here in Mumbai, we request the commissioner of police to personally supervise the probe and submit a status report on July 2," the court ordered.
The bench was hearing a public interest litigation filed by three lawyers associations seeking judicial intervention into the issue.
Mumbai, Jun 15 Retired Judge Gautam Patel and his family, getting threatening letters over his 2024 verdict on the succession row in the Dawoodi Bohra community, have been provided police protection, the Maharashtra government on Monday told the Bombay High Court.
Public prosecutor Shishir Hiray, appearing for the government, informed a bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad that two police officers will be present with Justice Patel and his wife, based in Mumbai, at all hours.
A case has also been lodged with the Gamdevi police here by the retired Bombay HC judge over the threats and an investigation was underway, he said.
The court noted that this was a serious issue and said it wants the Mumbai police commissioner to personally supervise the case and submit a status report on July 2.
"A judge who has done his duty and demitted office is facing this (threats). The Union and the state governments need to act swiftly. His (Patel) protection is most important. You need to prove how committed you are," the court said.
The bench said both Justice Patel, his wife and also daughter, who are in Mumbai, should be adequately protected.
It directed the Union government to submit what steps it has taken on the incident when Justice Patel's daughter was physically assaulted in April this year in London.
The Centre shall also submit the steps taken by the police there in London in its probe in the case, the bench said.
"With regard to the case lodged here in Mumbai, we request the commissioner of police to personally supervise the probe and submit a status report on July 2," the court ordered.
The bench was hearing a public interest litigation (PIL) filed by three lawyers associations seeking judicial intervention in the issue.
Senior counsel Nitin Thakker, appearing for the petitioners, insisted a strong message needs to be sent out that such threats would not be tolerated by the judiciary.
The plea urged the HC to direct authorities concerned to grant protection to Justice Patel and his family in light of the threats.
The PIL sought the HC to set up a Special Investigation Team (SIT) 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.
Meanwhile on Sunday, the Mumbai police lodged a case against unknown individuals on charges of criminal intimidation after Justice Patel submitted a complaint.
Justice Patel and his family claimed to 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 his daughter.
The letter warned of a threat to their life and claimed that a "contract" had been issued against the family. It included a digital storage device, which has now been handed over to the London police.
The perpetrators demanded the ex-judge post a video on YouTube, apologising for his judgment and retracting the verdict regarding the succession and title of Syedna, the spiritual leader of the million-strong Dawoodi Bohra community, claiming it was delivered under "duress and coercion".
Similar threat letters were sent to Justice Patel's residence in Mumbai and were received by his wife.
The PIL filed in the HC noted such attacks and threats are a direct assault on the judiciary's independence and may also be aimed as a threat to the judges hearing the appeal against the 2024 ruling on the succession row, thereby interfering with the administration of justice.
The safety and security of judicial officers is paramount to ensure that they discharge their constitutional duty without fear or favour, it argued.
The petition, filed by the Bombay Bar Association, the Advocates Association of Western India and the Bombay Incorporated Law Society, sought adequate security cover to be provided to Justice Patel and his family in India.
On April 24, 2024, a single bench of Justice Patel 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.
Qutbuddin had, in his suit, claimed his brother Burhanuddin appointed him as the “mazoon” (second in command) and privately anointed him as his successor through a secret “nass” (conferment of succession).
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 ruling, 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.
Mumbai, Jun 15 The Bombay High Court on Monday was informed that a round-the-clock police protection for retired Justice Gautam Patel and his family has been provided following a series of international death threats, a "contract" hit warning, and a physical assault linked to his 2024 verdict on the Dawoodi Bohra community succession row.
Expressing deep concern over the safety of the retired Judge, a bench of acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad urged both the Centre and the Maharashtra government to act swiftly on the issue.
"A judge who has done his duty and demitted office is facing this (threats). The Union and the state governments need to act swiftly. His (Patel) protection is most important. You need to prove how committed you are," the court said.
Public prosecutor Shishir Hiray, representing the Maharashtra government, informed the court that two police officers have been permanently deployed to protect retired judge and his wife in Mumbai round-the-clock.
This follows a series of escalating threats over the past 10 months during which the harassment took a severe turn 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 court has asked the Mumbai Police Commissioner to personally supervise the investigation, following a criminal intimidation case registered at the Gamdevi police station on Sunday, and submit a comprehensive status report by July 2.
Former Judge Patel and his family members have been receiving threatening letters since last ten months with the latest one warning that a "contract" had been taken out against the family's lives. It also contained a digital storage device, which has since been handed over to the London police.
The perpetrators demanded that the retired judge post a YouTube video apologising for his judgment and claiming it was delivered under duress and coercion. Similar threat letters were also received by Justice Patel's wife at their Mumbai home.
The High Court also directed the Union government to submit a status report on a separate incident from April this year, where Justice Patel's daughter was physically assaulted in London, demanding clarity on the steps taken by British law enforcement.
The HC said both Justice Patel, his wife and also daughter, who are in Mumbai, should be adequately protected.
The Centre shall also submit the steps taken by the police there in London in its probe in the case, the bench said.
"With regard to the case lodged here in Mumbai, we request the commissioner of police to personally supervise the probe and submit a status report on July 2," the court ordered.
The bench appreciated Chief Justice of India Surya Kant for taking up the issue with the Indian High Commissioner in London and ensuring that security cover was provided to ex-Judge Patel and his family.
The bench was hearing a public interest litigation (PIL) filed by three lawyers associations seeking judicial intervention in the issue.
Senior counsel Nitin Thakker, appearing for the petitioners, insisted a strong message needs to be sent out that such threats would not be tolerated by the judiciary.
The plea urged the HC to direct authorities concerned to grant protection to Justice Patel and his family in light of the threats.
The PIL sought the HC to set up a Special Investigation Team (SIT) 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.
Meanwhile on Sunday, the Mumbai police lodged a case against unknown individuals on charges of criminal intimidation after Justice Patel submitted a complaint.
The PIL filed in the HC noted such attacks and threats are a direct assault on the judiciary's independence and may also be aimed as a threat to the judges hearing the appeal against the 2024 ruling on the succession row, thereby interfering with the administration of justice.
The safety and security of judicial officers is paramount to ensure that they discharge their constitutional duty without fear or favour, it argued.
The petition, filed by the Bombay Bar Association, the Advocates Association of Western India and the Bombay Incorporated Law Society, sought adequate security cover to be provided to Justice Patel and his family in India.
On April 24, 2024, a single bench of Justice Patel 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.
Qutbuddin had, in his suit, claimed his brother Burhanuddin appointed him as the mazoon (second in command) and privately anointed him as his successor through a secret nass (conferment of succession).
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 ruling, 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.
