Bombay High Court Declaratory Suit 8th, 9th & 12th January 2018

The recording of the evidence of His Holiness Syedna Taher Fakhruddin Saheb TUS, the Plaintiff in Suit 337/2014, which had been originally filed by his predecessor His Holiness the Late Syedna Khuzaima Qutbuddin Saheb RA (the Original Plaintiff) in the Hon’ble Bombay High Court, continued on the 8th, 9th and 12th of January 2018, presided over by the Hon’ble Justice Gautam Patel.

Mr. Chagla asked various questions on the veracity of the Dawoodi Bohra history text Muntaza al-Akhbar. The Plaintiff responded that “mostly, it is” correct but explained that there were a number of inaccuracies, some of which were set out in endnotes to the text published by Aljamea-tus-Saifiyah.

Mr. Chagla asked for what reasons the Plaintiff did not believe that Nass had been performed on the Defendant. The Plaintiff responded that he had witnessed the Defendant doing sajda (prostration) to his father (the Original Plaintiff) for many years, thereby the Defendant himself accepted that the Original Plaintiff was appointed as Mansoos and would succeed the 52nd Dai.

Among his answers to other questions asked by Mr. Chagla, the Plaintiff highlighted two instances where the 52nd Dai His Holiness Syedna Mohammed Burhanuddin Saheb had personally disapproved of the conduct of the Defendant towards the Original Plaintiff. The first being when, in breach of protocol, the Defendant and his brothers tried to come ahead of the Original Plaintiff to embrace the 52nd Dai at the Sermon of his 100th centenary birthday, the 52nd Dai stopped them from doing so. In the second instance the 52nd Dai personally told the Plaintiff and his sister that he had told his children to stop talking about the Original Plaintiff in disrespectful ways and to offer the same respect to the Original Plaintiff as they had done before.

These instances were given in response to Mr. Chagla’s question that had the 52nd Dai ever disapproved of the Defendant’s conduct towards the Original Plaintiff.

The Hon’ble Justice Patel has scheduled the further cross-examination of the Plaintiff on 13th, 14th, and 16th of February 2018.