BBA, 2 other Bar associations file PIL before Bombay high court for probe into threats and protection of ex-Judge Patel

MUMBAI: Bombay Bar Association (BBA) and two other bar associations on Wednesday filed a public interest litigation (PIL) before the Bombay high court for its urgent intervention to form a special investigation team (SIT) and to protect Justice (retired) Gautam Patel and his family members in the wake of death threats issued to him and attacks his kin faced in London, reportedly over his decision in the Syedna Succession case. The PIL also filed by Advocates Association of Western India (AAWI) and Bombay Incorporated Law Society.Senior counsel Nitin Thakker, president of BBA mentioned the PIL on Monday before the bench headed by acting Chief Justice RV Ghuge for an urgent hearing late evening and now awaits a date.The PIL seeks directions from the HC to set up a SIT headed by a retired Supreme Court or High Court Judge and monitored by the HC apart from directions to the police in Maharashtra and the CBI or any other investigation agency, to thoroughly investigate the attacks and threats issued to Justice Patel and his kin.The PIL expressed alarm and said it was “deeply distressing’’ that despite the Supreme Court earlier having taken notice at the prevailing situation in India over security of Judges and lawyers, “there has been no positive change’’.“This is clear from the threats and attacks now faced by a retired judge of this Court for acts done in discharge of his Constitutional duty. The security concerns of retired judges cannot be ignored, and needs to be addressed urgently,’’ the PIL stressed, stating it was a fit case to invoke the HC’s plenary powers.Justice Patel is presently in London visiting his daughter and received the June 5 threat letter while there.As reported first by TOI where Justice Patel expressed concern at assaults in London on his family appears to be a “clever attempt to leverage the jurisdictional gap’’, the PIL seeks to address this gap by seeking directions to the Ministry of External Affairs (MEA) to liase with UK authorities to ensure the safety and protection of Justice Patel and his family residing in London and proper identification and prosecution of the perpetrators.The PIL also called for orders to ensure security measures for retired Judges given a lack of any 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 the judges execute their duties without fear or favour,’’ the PIL said referring also to a TOI report of June 10 titled, ‘CJI meets High Commissioner in UK, seeks cover for ex-judge, kin’.The three bar associations also said they had addressed letters on June 10 to the CJI and HC Chief Justice to apprise them of the matter and the gravity of the situation.