Bombay HC ex-judge, his family face threats over 2024 Dawoodi Bohra succession row verdict

MUMBAI: Retired Bombay High Court Judge Gautam Patel and his family have allegedly been subjected to repeated threats in India and in Britain over his 2024 verdict in a case on the succession row in the Dawoodi Bohra community.

As per family sources, over the past ten months, they have been getting multiple violent threats through letters with the most recent one received on June 5 by Justice Patel's daughter based in London.

The letters, according to the sources, demanded that Justice Patel record and release a video of himself on YouTube stating that he had delivered the verdict on the Syedna (a title given to the spiritual leader of the community) issue "under duress and coercion".

The letters also asked the former Judge to apologise for passing such a judgment.

The June 5 letter sent to his daughter warned of violence and claimed that a 'contract' has been issued against the family. The missive, bearing a German postal mark, included a digital storage device, which is now in the custody of the London police.

The Bombay Bar Association on Monday passed a resolution condemning the threats issued to the former Judge and his family, and called for strict action against the perpetrators.

The association expressed its solidarity with Justice Patel and his family and urged the authorities concerned to conduct a thorough investigation to identify and arrest those behind the threats.

On April 24, 2024, a single bench of Justice Patel had upheld the position of Syedna Mufaddal Saifuddin as the 53rd Dai al-Mutlaq (leader) of the Dawoodi Bohra community while noting that he had valid 'nass' (appointment).

Justice Patel had dismissed a suit filed in 2014 initially by Khuzaima Qutbuddin soon after his brother and then-Syedna Mohammed Burhanuddin, the 52nd Dai, passed away in January 2014 at the age of 102. Burhanuddin's second son, Mufaddal Saifuddin, then took over as the 53rd Syedna.

Qutbuddin had, in his suit, claimed his brother Burhanuddin appointed him as the “mazoon” (second in command) and privately anointed him as his successor through a secret “nass” (conferment of succession).

In 2016, after Qutbuddin passed away, his son Taher Fakhruddin took over the suit, claiming his father had conferred the powers on him.

In the judgment, Justice Patel had noted that the plaintiffs had failed to submit any proof to show that Qutbuddin was conferred 'nass' by the 52nd Dai.

Justice Patel retired on April 25, 2024.

The succession verdict was later challenged by the plaintiffs before a division bench of the HC where the matter is currently pending.