The Bombay High Court was informed that security has been extended to retired Judge Gautam Patel and his family after alleged threats linked to his Dawoodi Bohra succession judgment. The Court stressed swift action, saying protection was crucial as police investigated the complaint and threat letters.
The Maharashtra government informed the Bombay High Court that security arrangements have been extended to retired Judge Gautam Patel and his family after he allegedly received threatening letters linked to his 2024 judgment in the Dawoodi Bohra community succession dispute.
Appearing for the state government, Public Prosecutor Shishir Hiray told a bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad that two police personnel would remain deployed with Justice Patel and his wife in Mumbai round the clock. He also informed the court that a complaint had been registered by Justice Patel at Gamdevi police station and that an investigation into the threats was underway.
The High Court expressed concern over the threats faced by a former judge who, according to the court, had only performed his judicial duty before retiring. The bench termed the matter serious and directed the Mumbai Police Commissioner to personally oversee the investigation and submit a detailed status report by July 2.
The court observed,
“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 bench further directed that adequate protection should be provided not only to Justice Patel but also to his wife and daughter, who are currently in Mumbai. The court also sought details from the Union government regarding the action taken after Justice Patel’s daughter was allegedly assaulted in London in April this year.
The High Court asked the Centre to place on record the steps taken by authorities in London and details of the investigation being carried out by the local police in connection with the alleged assault.
The bench ordered,
“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 directions came during the hearing of a public interest litigation filed by three lawyers’ associations seeking judicial intervention over the threats allegedly issued against Justice Patel. The petition raised concerns regarding the safety of judges and judicial officers who face intimidation after delivering sensitive rulings.
The controversy traces back to Justice Gautam Patel’s 2024 verdict concerning a succession dispute within the Dawoodi Bohra community. The ruling reportedly became a matter of contention among sections affected by the decision, following which Justice Patel allegedly began receiving threatening communications.
Following the emergence of the threats, concerns were raised about the safety of judges even after retirement, particularly in cases involving religious, social, or community disputes. The Bombay High Court has now sought coordinated action from both the Maharashtra government and the Centre to ensure protection for Justice Patel and his family while also ensuring a fair investigation into the allegations.
Earlier, he approached the city police with a complaint regarding threatening letters reportedly sent to him and members of his family.
Background: The Dawoodi Bohra Succession Dispute
The controversy traces its roots to one of the most significant religious succession battles in modern Indian legal history. The dispute arose following the death of Mohammad Burhanuddin, the 52nd Syedna and spiritual leader of the Dawoodi Bohra community.
Following his demise, his son, Mufaddal Saifuddin, assumed leadership as the 53rd Syedna. However, his claim was challenged by Khuzaima Qutbuddin, the half-brother of the late Syedna, who contended that he had been validly designated as the successor.
In his judgment, Justice Patel noted that the plaintiffs failed to provide proof showing that Qutbuddin was conferred ‘nass’ by the 52nd Dai.
As competing claims emerged, the matter eventually reached the Bombay High Court in 2014. What followed was one of the longest and most closely watched civil trials in recent years, involving extensive documentary evidence, witness testimony, and examination of centuries-old religious traditions governing succession within the Dawoodi Bohra community.
The proceedings continued for nearly nine years before Justice Patel delivered his judgment on April 23, 2024. In a detailed ruling, he concluded that Mufaddal Saifuddin had successfully established his claim and was the lawful and rightful 53rd Dai al-Mutlaq and spiritual head of the Dawoodi Bohra community.
Despite the High Court’s ruling, the dispute has not reached its final conclusion. The judgment remains under challenge before a Division Bench of the Bombay High Court, where the appeal is presently pending consideration.