HC dismisses Bohra legal suit
The late Syedna’s halfbrother had sought a declaration that he was the community leader, based on a secret ‘nass’ by the deceased leader
The) Bombay High Court dismissed the suit challenging Syedna Mufaddal Saifuddin’s position as the 53rd)Da’i)al-Mutlaq)or spiritual head of the Dawoodi Bohra community, on Tuesday.
)The HC held that the ‘nass’ conferred by the 52nd Dai Mohammed Burhanuddin on his son Syedna Mufaddal Saifuddin, is valid.
)“I have dismissed the suit,” said Justice Gautam Patel, dismissing the suit filed by Taher Fakhruddin challenging Syedna Muffadal Saifuddi’s succession as the spiritual leader. )The HC had set out five issues in the suit including the preliminary issue of whether it was maintainable. The court held that the suit was maintainable. However,
on the issue of whether Syedna Khuzaima Qutbuddin could prove that the ‘nass’ conferred on him via a private communication on December 10, 1965, was valid, the court answered in the negative.
)‘Nass’ is a process or bequest of a predecessor to his successor, making him the next Da’i al-Mutlaq of the Bohra community across the globe.
)The late Syedna’s half-brother,
Qutbuddin, had challenged the succession in the high court. He had sought a declaration that he was the leader of the community, based on a secret ‘nass’ (conferment of succession) by the deceased leader on December 10, 1965.
)After Qutbuddin’s death in 2016 in the USA, his son Syedna Taher Fakhruddin became the plaintiff and sought that he be declared the leader. Fakhruddin has claimed his father conferred the ‘nass’ upon him and thus, he should be declared the Da’i al-Mutlaq.
)After pronouncing the judgment, the court expressing apprehension, requested the counsels appearing for the plaintiff to see that feelings were contained.
“There is apprehension on my part. We are probably presiding over a schism here, but it should be contained, I don’t want any upheavals. That was my concern,” Justice Patel said adding, “I have only decided on the issue of proof and not faith.”
The judge requested senior counsel Iqbal Chagla, who led the team of counsel for Mufaddal Saifuddin, “Please convey that this should now be closed.” Senior counsels Janak Dwarkadas and Fredun De Vitre, who also appeared for the defendant, gave their assurances to the HC.
Plaintiff Taher Fakhruddin’s counsel Anand Desai said they would analyse the judgment before taking any decision on the next step.
The Dawoodi Bohras are a religious denomination of Shia Muslims. Traditionally a community of traders and entrepreneurs, there are over five lakh Bohras in India and over 10 lakh across the world.
The top religious leader of the community is known as the Da’i al-Mutlaq. As per faith and Dawoodi Bohra doctrine, a successor is appointed through ‘divine inspiration’. A ‘nass’ (conferment of succession) can be conferred upon any deserving member of the community and not necessarily a family member of the current Dai, although the latter is often the practice.
The suit, filed in 2014, had sought to restrain Syedna Mufaddal Saifuddin from acting as the Dai-al-Mutlaq. It had also sought entry to Saifi Manzil, the house of the Syedna in Mumbai, alleging that Syedna Mufaddal Saifuddin had taken over the leadership role in a ‘fraudulent manner’.
Khuzaima Qutbuddin had claimed that the late Syedna conferred ‘nass’ on him on December 10, 1965. He claimed that the late Syedna had asked him to keep the private ‘nass’ a secret. He claimed that he had abided by the oath of secrecy given to him by the 52nd Dai till his death. It was only after his nephew took over the post that he announced the ‘nass’ conferred on him in 1965, based on which he pronounced himself to be the rightful 53rd Dai of the community.
Opposing the suit, Syedna Mufaddal Saifuddin claimed that the ‘nass’ of 1965 lacked witnesses and could not be accepted. He further contended that the 52nd Dai had conferred ‘nass’ on him in the presence of witnesses at the Bupa Cromwell hospital in London on June 4, 2011, where he was admitted after suffering a stroke. The ‘nass’ was reaffirmed publicly during an event in Mumbai on June 20, 2011, and hence there could be no doubts on the appointment of Syedna Muffadal Saifuddin as the 53rd Dai of the Dawoodi Bohra community after the demise of the 52nd one.
Thirteen witnesses deposed on his behalf. He further contended that as per established and prevalent doctrines of the Dawoodi Bohra faith, ‘nass’ could be changed and revoked. Even if it had been conferred on Qutubbin in 1965, as per the doctrinal belief of the community, only the latest one would be valid.