Mumbai: The Bombay Bar Association (BBA), along with the Advocates Association of Western India (AAWI) and the Bombay Incorporated Law Society, filed a public interest litigation (PIL) before the Bombay High Court on Wednesday. The PIL urgently seeks the formation of a special investigation team (SIT) to protect retired Justice Gautam Patel and his family members following death threats and attacks on his kin in London. These incidents reportedly stem from his decision in the Syedna succession case.
Urgent Hearing Sought
Senior counsel Nitin Thakker, president of BBA, mentioned the PIL before a bench headed by Acting Chief Justice R V Ghuge for an urgent hearing late Monday evening. The court is yet to schedule a date for the hearing.
Demands of the PIL
The PIL seeks directions from the High Court to establish an SIT headed by a retired Supreme Court or High Court judge, monitored by the HC. It also calls for directives to Maharashtra police, the CBI, or any other investigation agency to thoroughly probe the attacks and threats against Justice Patel and his family.
Emphasizing the gravity of the situation, the PIL expressed alarm, stating it is “deeply distressing” that despite the Supreme Court previously taking notice of security concerns for judges and lawyers, “there has been no positive change.” The petition argues that threats and attacks against a retired judge for performing his constitutional duties highlight the urgent need for action.
Security Concerns for Retired Judges
“The security concerns of retired judges cannot be ignored and need to be addressed urgently,” the PIL stressed, invoking the HC’s plenary powers. Justice Patel, currently in London visiting his daughter, received the threat letter on June 5. As reported by TOI, he expressed concern that assaults on his family in London appear to be a “clever attempt to leverage the jurisdictional gap.” The PIL seeks to address this by directing the Ministry of External Affairs (MEA) to liaise with UK authorities to ensure his safety and the prosecution of perpetrators.
Call for Comprehensive Security Measures
The PIL also calls for orders to ensure security measures for retired judges, citing the lack of substantive law on the subject. “Preserving an independent judiciary is a fundamental feature of the Constitution, requiring the executive to provide necessary security infrastructure and financial resources so judges execute their duties without fear or favour,” the PIL said, referencing a TOI report from June 10 titled ‘CJI meets high commissioner in UK, seeks cover for ex-judge, kin’.
The three bar associations have also sent letters to the Chief Justice of India and the HC Chief Justice on June 10, apprising them of the matter and its gravity.
