Dawoodi Bohra Dai dispute: Bombay High Court reserves verdict in suit to decide leadership

The Bombay High Court last reserved its verdict in a 9-year-old suit initiated for declaration of title of leadership over the Dawoodi Bohra community across the world. [Taher Fakhruddin Saheb v. Mufaddal Burhanuddin Saifuddin]

Read more at Bar and Bench:  Dawoodi Bohra Dai dispute: Bombay High Court reserves verdict in suit to decide leadership

Dawoodi Bohra succession dispute: HC verdict will establish truth, claimant faction says

The claimant to the title of ‘Dai-ul Mutlaq’ in the Dawoodi Bohra community succession dispute said on Thursday that the Bombay High Court verdict would establish the truth.

Read more at Free Press Journal: Dawoodi Bohra succession dispute: HC verdict will establish truth, claimant faction says

Mumbai Samachar

بوہرہ فرقے کے دعوے داری پر ہائی کورٹ میں سماعت مکمل

بوہرہ فرقے کے 53 ویں داعی کے دعویداری ممبئی ہائی کورٹ میں 9 برس تک چلنے کے بعد دونوں فریقین کو کورٹ کا فیصلہ سنانا باقی ہے۔ واضح رہے کہ 53 ویں بوہرہ پیشوا داعی کو لیکر بوہرہ فرقے دو گروپ میں تقسیم ہوگئے ہیں ان میں ایک گروپ سیدنا مفدل کا ہے جبکہ دوسرا گروپ سیدنا طاہر کا ہے۔ Dawoodi Bohra Community

Watch interview at ETV Bharat: بوہرہ فرقے کے دعوے داری پر ہائی کورٹ میں سماعت مکمل

Verdict reserved in 2014 suit challenging succession of Syedna Muffadal Saifuddin as 53rd Dai

The Bombay High Court on Wednesday reserved verdict in the suit challenging Syedna Muffadal Saifuddin’s position as the Dai al Mutlaq or spiritual head of Dawoodi Bohra community.

Read more at Free Press Journal:  Verdict reserved in 2014 suit challenging succession of Syedna Muffadal Saifuddin as 53rd Dai

Bombay High Court reserves order in succession row for Dawoodi Bohra’s leadership

The Bombay High Court on Wednesday concluded the hearing and reserved its verdict in a dispute between Syedna Mufaddal Saifuddin, the current leader of the Dawoodi Bohra community, and his challenger Syedna Taher Fakhruddin.

Read more at Indian Express: Bombay High Court reserves order in succession row for Dawoodi Bohra’s leadership

Past instances prove that only final nass of succession is valid

The counsel for the defendant in the Syedna Succession case, informed the Bombay high court (HC) on Friday that instances of revocation of nass in the past had been based on the prevailing circumstances but only the final nass was the valid nass. The defendant clarified that once a final nass was conferred it could not have been changed and hence the contention of the plaintiff that the nass conferred on him in 1965 was valid and the subsequent nass on the defendant in June 2011 were not valid could not hold true.

Read more at Hindustan Times: Past instances prove that only final nass of succession is valid

Dispute over Dawoodi Bohras’ Dai, or religious leader: What is the case in Bombay HC

In 2014, the 52nd Dai-al-Mutlaq, Syedna Mohammad Burhanuddin, passed away, and his son, Mufaddal Saifuddin, succeeded him. This was challenged by the late Syedna’s half-brother, Khuzaima Qutbuddin, in the Bombay HC. Justice Gautam S Patel has been hearing the suit for its final disposal since November last year.

Read more at Indian Express: Dispute over Dawoodi Bohras’ Dai, or religious leader: What is the case in Bombay HC

Defence witnesses gave contradictory evidence on nass

Anand Desai, the counsel for plaintiff Syedna Taher Fakhruddin in the Syedna succession case, while refuting the nass conferred on the defendant in 2005 and 1969, drew the attention of the Bombay high court to the various anomalies present in the defendant’s and defence witnesses’ statements.

Read more at Hindustan Times: Defence witnesses gave contradictory evidence on nass

‘Audio recording of nass popped up from nowhere, not reliable’

Syedna Taher Fakhruddin, the plaintiff in the Syedna succession case, on Wednesday refuted the claim of defendant Syedna Mufaddal Saifuddin, that the 52nd Dai had conferred a valid nass on him on four occasions from 1969 to June 20, 2011, and submitted that the audio recording of the June 4, 2011 nass played before the Bombay high court earlier was not reliable.

Read more at Hindustan Times: ‘Audio recording of nass popped up from nowhere, not reliable’

‘51st Dai’s letter direct evidence of original plaintiff’s appointment’

Responding to queries by the Bombay high court on what evidence there was to prove that the 1965 nass was valid, the plaintiff in the Syedna succession case on Thursday submitted that apart from the 51st Dai giving indications of the original plaintiff being elevated to the position of 53rd Dai, the defendant and his brothers had also started doing acts of reverence to Syedna Khuzaima Qutbuddin after December 10, 1965.

Read more at Hindustan Times: ‘51st Dai’s letter direct evidence of original plaintiff’s appointment’

Direct communication of nass by conferrer accepted: Plaintiff

The plaintiff, while responding to queries of the Bombay high court on the issue of whether private nass was accepted as per Dawoodi Bohra tenets, submitted that though the defendant had refuted that private nass without witnesses was acceptable, there was the instance of the 50th Dai doing so in 1915.

Read more at Hindustan Times: Direct communication of nass by conferrer accepted: Plaintiff

Syedna succession case: Nass valid even if witnesses don’t accept it, says plaintiff’s counsel

The counsel for plaintiff Syedna Taher Fakhruddin, while refuting the arguments of the defendant’s counsel that conferment of nass required witnesses, informed the Bombay high court that there were instances in the succession of the Ismaili Imams where nass was conferred privately in the absence of witnesses.

Read more at Hindustan Times: Syedna succession case: Nass valid even if witnesses don’t accept it, says plaintiff’s counsel

A case of two syednas

Reeling under succession dispute since 2014, the Dawoodi Bohras are eager to find out who the high court will declare the rightful spiritual leader

Read more at mid-day: A case of two syednas

Mix-up in names by scribes led to confusion on revocation of nass: Defendant

Fredun Di’Vitre, counsel for defendant Syedna Mufaddal Saifuddin, on Friday informed the Bombay high court that the claim of the plaintiffs, Syedna Khuzaima Qutbuddin and Syedna Taher Fakhruddin, that no conferred nass was revoked during the time of the 25th Dai was due to scribal errors in the manuscripts of authoritative books.

Read more at Hindustan Times: Mix-up in names by scribes led to confusion on revocation of nass: Defendant

More texts submitted to prove revocability of nass

Defendant Syedna Mufaddal Saifuddin’s counsel referred to another reliable text relied upon by the Dawoodi Bohra community to show that nass, once conferred, could be revoked and changed, and only the last witnessed nass conferred by the Dai was valid if it remained unchanged till the last moment of the Dai’s life.

Read more at Hindustan Times: More texts submitted to prove revocability of nass

Book mistrusted by plaintiff confirms change in nass: Defence

Continuing arguments to prove that a Dai could change the nass conferred by him earlier on one person to another person, the counsel for defendant Syedna Mufaddal Saifuddin on Wednesday informed the Bombay high court about a book written during the time of the 27th Dai which confirmed the same, and submitted that it was accepted as a doctrine by the Dawoodi Bohra community.

Read more at Hindustan Times: Book mistrusted by plaintiff confirms change in nass: Defence

Last nass, not first one, is valid: defence counsel

Defendant Syedna Mufaddal Saifuddin’s counsel, during the final hearing of the Syedna succession case in the Bombay high court, claimed that doctrinally, nass, once conferred, could be revoked or changed, as evidenced by the writings and actions of not only the previous Dais but the Imams as well. The court was further told that only the last nass conferred by the Dai at the end of his life was doctrinally considered a valid nass, thus refuting the claim of the plaintiff that only the first nass was a valid one.

Read more at Hindustan Times: Last nass, not first one, is valid: defence counsel

Participation in nass announcement event, proof of acceptance

In the final hearing of the Syedna succession case on Wednesday, Syedna Mufaddal Saifuddin’s counsel dealt with the fact that the original plaintiff, Syedna Khuzaima Qutbudin, through his participation in the majlis at Saifee Masjid on June 6, 2011, had given unconditional acceptance of the nass conferred on the defendant.

Read more at Hindustan Times: Participation in nass announcement event, proof of acceptance

Video of Dai reiterating nass on defendant at public event played in court

Defendant Syedna Mufaddal Saifuddin’s counsel Janak Dwarkadas on Friday concluded recounting the events of June 4, 2011 at Cromwell Hospital, London, and informed the Bombay high court that the nass bestowed on the defendant by the 52nd Dai had been sufficiently proved through the depositions of defence witnesses, audio and video recordings of the event and the events thereafter.

Read more at Hindustan Times: Video of Dai reiterating nass on defendant at public event played in court

Syedna Succession case: Nass conferred on defendant in June 2011 corroborated by audio recording

As final arguments in the Syedna succession case resumed in the Bombay high court on Wednesday, defendant Syedna Mufaddal Saifuddin’s counsel referred to the audio recording as well as the direct evidence of the 52nd Dai’s grandson to disprove the plaintiff’s claim that the June 4, 2011, conferment of nass at Cromwell hospital in London was concocted and the handiwork of the defendant and his coterie.

Read more at Hindustan Times: Syedna Succession case: Nass conferred on defendant in June 2011 corroborated by audio recording

First round of final arguments concluded, second round from Jan 11

The final hearing of the Syedna succession case, which started on November 28, saw defendant Syedna Mufaddal Saifuddin’s counsels make an emphatic case before the Bombay high court that witnesses were required for confirming conferment of a valid nass. The original plaintiff had cited instances of private nass to prove that the December 10, 1965 nass conferred on him was valid, said the counsels—however, all these instances, though private, had witnesses.

Read more at Hindustan Times: First round of final arguments concluded, second round from Jan 11

52nd Dai’s cognition was not impaired on day of nass: defendant

Relying on the deposition by consulting neurologist Dr Omar Malik and consulting respiratory physician Dr John Costello who treated the 52nd Dai in Cromwell Hospital, London, after his stroke, senior defence counsel Janak Dwarkadas informed the Bombay high court that though the Dai had problems swallowing food and speaking, he had responded to queries by the doctors and was alert, coherent and aware of what was happening around him.

Read more at Hindustan Times: 52nd Dai’s cognition was not impaired on day of nass: defendant

HC questions plaintiff and defendant on silence of nass conferred on them

The Bombay high court bench on the 16th day of the final hearing questioned both the plaintiff and the defendant on their silence after being aware of nass being conferred on them.

Read more at Hindustan Times: HC questions plaintiff and defendant on silence of nass conferred on them

Witnesses necessary even for private nass, says defence counsel

On the 14th day of the hearing in the Bombay high court, defendant Syedna Mufaddal Saifuddin’s counsel refuted the past instances of private nass submitted by the plaintiffs to prove that the nass conferred on Syedna Khuzaima Qutbuddin in December 1965 was accepted practice.

Read more at Hindustan Times: Witnesses necessary even for private nass, says defence counsel

Nass is like a will, needs to be corroborated: Defendant

Arguments in the Syedna succession case in the Bombay high court reached another decisive point after the defendants submitted that the need for witnesses in a nass could not be dispensed with as per the tenets of the Dawoodi Bohra faith.

Read more at Hindustan Times: Nass is like a will, needs to be corroborated: Defendant

Treatise written by 1st Dai states that Nass requires witnesses: defendant

The counsel for defendant Syedna Mufaddal Saifuddin on Tuesday informed the Bombay high court that as per the tenets of the Dawoodi Bohra faith, the confirmation of nass definitely required witnesses though views on the number of witnesses might differ, as texts in this regard simply said “persons”. However, the claim of original plaintiff Syedna Khuzaima Qutbuddin—that he was the witness of the nass conferred on him by the 52nd Dai on December 10, 1965—would be stretching the interpretation of the word “persons”.

Read more at Hindustan Times: Treatise written by 1st Dai states that Nass requires witnesses: defendant

Pal Pal Udaipur

Syedna succession case: The woman who introduced the Dai system in the Bohra faith

The Syedna succession case hearing in the Bombay high court has brought to light a unique aspect of the leadership regimen of the Dawoodi Bohra community. While the community believes in 21 divinely appointed Imams, the system of appointing the Dai or Syedna was started after the 21st Imam al-Tayyib went into seclusion as a toddler due to the threat to his life.

Read more at Hindustan Times: Syedna succession case: The woman who introduced the Dai system in the Bohra faith

Original and changed nass both based on divine inspiration: Defendant

Counsels for the defendant, Syedna Mufaddal Saifuddin, in the Syedna succession case commenced their arguments on Wednesday, submitting that revocation or change of nass (appointment of a successor) was not historically uncommon in the Dawoodi Bohra faith.

Read more at Hindustan Times: Original and changed nass both based on divine inspiration: Defendant

Defendant, witnesses backtracked on nass issue, says counsel

Arguments in the Syedna succession case on Monday became more pointed as Anand Desai, counsel for Syedna Taher Fakhruddin, submitted that the three documents referred to by the defendant—which sought to prove that conferment of nass had to have witnesses, and also that nass, once conferred, could be revoked—were not reliable due to discrepancies in the manuscripts.

Read more at Hindustan Times: Defendant, witnesses backtracked on nass issue, says counsel

Is divine appointment valid if appointee pre-deceases appointer, asks HC

The Syedna succession case on Friday reached an important juncture as the Bombay high court was informed that the defendants held the view that nass (appointment done through the divine inspiration of Imam uz Zaman) could be changed.

Read more at Hindustan Times: Is divine appointment valid if appointee pre-deceases appointer, asks HC

Can claim of secret ‘nass’ stand in absence of witnesses, asks HC

The Bombay high court on Wednesday sought to know from Syedna Taher Fakhruddin how he was justifying the late Syedna Khuzaima Qutbuddin’s claim that he was conferred nass by the 52nd Dai, Syedna Mohammad Burhanuddin, in the absence of a direct corroboration by any witness.

Read more at Hindustan Times: Can claim of secret ‘nass’ stand in absence of witnesses, asks HC

Succession row: Battle of the Syednas begins in Bombay HC

Courtroom Number 37 of the Bombay high court was packed with the family members, well-wishers and advocates from both sides as the much-awaited final hearing of the Dawoodi Bohra succession row commenced on Monday. Other than the black-and-white robes of the advocates, the only other clothing visible in the courtroom was the traditional white long coat and gold-embroidered white caps donned by members of the Dawoodi Bohra community. A few women wearing traditional colourful burkhas were also present.

Read more at Hindustan Times: Succession row: Battle of the Syednas begins in Bombay HC