Indian bar bodies condemn threats against retired judge over Dawoodi Bohra verdict

Leading legal bodies in India have voiced strong condemnation following threats and an attack on retired Bombay High Court Justice G.S. Patel and his family. The Bar Association of India and the Bombay Bar Association expressed deep concern over the incidents, which have reportedly occurred over the past ten months in both India and the United Kingdom.

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A society that cannot protect its judges cannot, in the end, protect the rights of any of its citizens. The Bar Association of India expresses its earnest expectation that every necessary measure will be taken to safeguard judges and their families from acts of intimidation and violence, and pledges its fullest support to that end.

The threats and violence are reportedly connected to a judgment Justice Patel delivered on April 23, 2024. The verdict settled a succession issue within the Dawoodi Bohra community, a decision that has apparently led to significant discord. Reports indicate that the judge's family received letters demanding he recant his judgment via a YouTube video.

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The demand that a judge disown a verdict by video, under coercion, is an attempt to substitute intimidation for adjudication, and can have no place in a civilised society.

Both parties involved in the succession suit have publicly denounced the attacks. Syedna Mufaddal Saifuddin, the incumbent leader of the Dawoodi Bohra community, called on community members to cooperate with law enforcement agencies in India and the UK. He emphasized the community's commitment to peace and the judicial process.

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Violence or threats of violence against judges or their families strike at the very heart of judicial independence and constitute a blatant assault on the rule of law. Such conduct is not merely an attack upon an individual Judge; it is an attack upon the institution of the judiciary and the constitutional promise that disputes will be resolved by courts free from fear, favour, affection or ill-will.

Dr. Aziz Bhaisaheb Qutbuddin, representing the office of Taher Fakhruddin, who lost the suit in the Bombay High Court, also unequivocally condemned any threats or violence. The Bar Association of India highlighted the critical importance of protecting judges, stating, "A society that cannot protect its judges cannot, in the end, protect the rights of any of its citizens." They stressed that substituting intimidation for adjudication is unacceptable in a civilized society.

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The community will continue to stand firmly for peace, lawful conduct, and the sanctity of the judicial process.