MUMBAI: The Bombay Bar Association (BBA) and two other bar associations on Wednesday filed a public interest litigation (PIL) before the Bombay High Court, urgently seeking the formation of a special investigation team (SIT) and protection for Justice (retired) Gautam Patel and his family. This follows death threats issued to him and attacks his relatives faced in London, reportedly linked to his decision in the Syedna Succession case. The PIL was also filed by the Advocates Association of Western India (AAWI) and the Bombay Incorporated Law Society.
Urgent Hearing Sought
Senior counsel Nitin Thakker, president of the BBA, mentioned the PIL on Monday before a bench led by Acting Chief Justice RV Ghuge, requesting an urgent hearing late in the evening. The court is now awaiting a date for the hearing. 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 High Court. It also calls for directives to the Maharashtra police, the CBI, or any other investigation agency to thoroughly probe the attacks and threats against Justice Patel and his family.
Concerns Over Judicial Security
The PIL expressed alarm, stating it is “deeply distressing” that despite the Supreme Court previously taking note of the security situation for judges and lawyers in India, “there has been no positive change.” It emphasized that the threats and attacks faced by a retired judge for performing his constitutional duty highlight the urgent need to address security concerns for retired judges. The PIL argued that this is a fit case to invoke the High Court’s plenary powers.
Justice Patel is currently in London visiting his daughter and received the June 5 threat letter while there. As first reported by TOI, Justice Patel expressed concern that the assaults on his family in London appear to be a “clever attempt to leverage the jurisdictional gap.” The PIL seeks to address this gap by requesting directions to the Ministry of External Affairs (MEA) to liaise with UK authorities to ensure the safety and protection of Justice Patel and his family residing in London, as well as the proper identification and prosecution of the perpetrators.
Need for Security Measures for Retired Judges
The PIL also called 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 the necessary security infrastructure and financial resources so that judges execute their duties without fear or favour,” the PIL stated, referencing a June 10 TOI report titled ‘CJI meets High Commissioner in UK, seeks cover for ex-judge, kin’.
The three bar associations also noted that they had addressed letters on June 10 to the Chief Justice of India and the High Court Chief Justice, apprising them of the matter and the gravity of the situation.
