Claimant vows to challenge HC verdict

Taher Fakhruddin, who lost the suit claiming to be the spiritual seat of the Dawoodi Bohras, has vowed to continue the 'fight' and challenged the Bombay High Court's verdict. Issuing an official statement, Fakhruddin's office pledged to go 'to the full extent of the legal process'.

On April 23, the HC decided the suit filed by Khuzaima Qutbuddin, Fakhruddin's father, claiming that he was the rightful 'Da'i-ul-Mutlaq' after the death of his half-brother Syedna Mohammed Burhanuddin, the 52nd Da'i of the one million-strong Dawoodi Bohra community, in 2014.

Qutbuddin had challenged the succession of his nephew Muffadal Saifuddin. The former had argued that he was the successor because he had been recognised as 'Mazoon', the second-in-command of the 52nd Syedna during his leadership for nearly 50 years. However, Qutbuddin died in 2016 during the hearing of his suit. His son, Fakhruddin, pursued the case as the successor to his father's claim.

Fakhruddin's office said that his father gave his evidence in the suit, faced around 500 questions in cross-examination, which he answered truthfully, and established his appointment by Syedna Burhanuddin. Terming it an “unfavourable judgement”, Fakhruddin contested the HC order on three grounds; the court 'failed to address critical evidence', 'attributed positions and statements to the plaintiff which he never took' and 'applied different standards to the evidence put forward by the plaintiff and defendant and contradicted itself in places'. “The defendant Mufaddal Saifuddin failed to personally appear to give evidence and face cross-examination, including questions that would have been asked regarding his acceptance, by words and action, of Syedna Khuzaima Qutbuddin Saheb as the successor of the 52nd Syedna. The plaintiffs testified to these words and actions of Mufaddal Saifuddin under oath,” averred the statement.

“I am confident that this judgement will be overturned on appeal and by the Grace of Almighty God. For truth, justice and the future of the Dawoodi Bohra community, I am duty bound to continue this fight,” said Fakhruddin.