Mumbai, Jul 2 The Centre and the Mumbai police on Thursday submitted their reports to the Bombay High Court on the probe into alleged death threats against former judge Gautam Patel over his 2024 Dawoodi Bohra succession verdict, with the HC ordering that they be kept confidential.
It would not be ideal to publicise details of the investigation, a bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad noted.
"We all saw what happened during the November 26, 2008 terror attacks. The entire thing was televised and the investigation and other action was hampered. We don't want that now," the court remarked.
The report submitted by the Mumbai police commissioner said two non-cognisable offences have been registered about the threats received by Justice Patel and his family here.
"Investigation is on. A further status report would be submitted to the court on the next date of hearing," Advocate General Milind Sathe told the court.
The Ministry of External Affairs in its report stated the steps taken by it in connection with protection to Justice Patel and his family in London and also about the physical assault on his daughter.
The bench accepted the reports and said a further status report shall be submitted next month. The HC posted the matter for further hearing on August 7.
Justice Patel and his family members have been receiving threatening letters since the last 10 months, with the latest one warning that a "contract" had been given against the family. 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". Justice Patel's wife also received similar threats at their Mumbai home.
Three lawyers' associations filed a public interest litigation (PIL) last month seeking judicial intervention in the issue.
Pursuant to the filing of the plea, the city police informed HC last month that police protection had been given to Justice Patel and his family in the city.
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, 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 that year 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 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 plaintiffs later challenged the succession verdict before a division bench of the HC, where the matter is currently pending.
