The Supreme Court Bar Association (SCBA) has condemned the threats, intimidation, harassment and acts of violence directed against former Bombay High Court judge Justice Gautam Patel and his family over a 2024 judgment in the Dawoodi Bohra succession dispute.
In April 2024, Justice Patel upheld Syedna Mufaddal Saifuddin’s position as the 53rd Dai al-Mutlaq (leader) of the Dawoodi Bohra community, noting that he had a valid appointment. The case is currently under appeal.
Reports of threats and physical harm allegedly inflicted on a member of Justice Patel’s family were “deeply disturbing" and struck at the very foundation of the rule of law, SCBA president Vikas Singh said.
“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 SCBA said in a resolution.
Those responsible must be identified and proceeded against strictly in accordance with law, the resolution said.
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.
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 constituted a direct assault on the independence of the judiciary and constitutional values, the SCBA said.
It sought to emphasise that judicial decisions could be challenged only through lawful means available under the legal framework and that disagreement with a judgment could 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.
