The Supreme Court Bar Association (SCBA) has strongly condemned the threats, intimidation, harassment, and acts of violence directed against former Bombay High Court judge Justice Gautam Patel and his family. The threats stem from a 2024 judgment concerning the Dawoodi Bohra succession dispute.
Background of the Case
In April 2024, Justice Patel upheld Syedna Mufaddal Saifuddin’s position as the 53rd Dai al-Mutlaq (leader) of the Dawoodi Bohra community, stating that his appointment was valid. The case is currently under appeal.
SCBA's Strong Condemnation
Reports of threats and physical harm allegedly inflicted on a member of Justice Patel's family were described as "deeply disturbing" by SCBA president Vikas Singh. He emphasized that such actions strike at the very foundation of the rule of law.
In a resolution, the SCBA stated: “In a constitutional democracy governed by the rule of law, judicial decisions may be challenged only through lawful remedies available under the legal framework. Disagreement with a judgment can never justify threats, violence.”
The association demanded that those responsible be identified and proceeded against strictly in accordance with the law.
Solidarity and Call for Investigation
Expressing solidarity with Justice Patel and his family, the SCBA urged authorities in India and abroad to conduct a prompt and thorough investigation into the reported incidents and ensure their safety and security.
The SCBA noted that any attempt to threaten, intimidate, or coerce a judge, whether serving or retired, or members of a judge’s family, on account of the discharge of judicial functions constitutes a direct assault on the independence of the judiciary and constitutional values.
It reiterated that judicial decisions can only be challenged through lawful means, and disagreement with a judgment can never justify threats, violence, or intimidation.
Describing judicial independence as a basic feature of the Constitution, the SCBA said judges must be able to perform their duties without fear, favour, affection, or ill will.
