Bombay High Court
Final Arguments Complete
On 5th April 2023 the final arguments in the historic Dawoodi Bohra Succession Suit concluded in the Hon’ble Bombay High Court before the Hon’ble Justice Gautam Patel. This marked the penultimate milestone in the Suit, originally filed by His Holiness Syedna Khuzaima Qutbuddin Saheb in 2014 against the Defendant for truth, justice, and the future of the Dawoodi Bohra Community.
The final arguments lasted 46 days and more than 140 hours of arguments were heard by the Hon’ble Justice Patel. The Hon’ble Justice Patel has reserved Judgement. This dispute has affected a million-strong community in India, and beyond – all of whom are eagerly waiting for justice to be served.
Final Arguments Continue
The Hon’ble Justice Gautam Patel has set further dates from 11th January 2023 onwards, where he will again take up this matter at 4:30pm. The Defendant’s Senior Counsel Mr. Janak Dwarkadas is expected to complete presenting arguments on the alleged conferrals of nass on the Defendant by 16th January 2023, after which the Defendant’s Senior Counsel Mr. Fredun DeVitre will present arguments regarding the possibility of revocation or change of nass. The Plaintiff’s Counsel, Mr. Anand Desai, will then address the Defendant’s arguments in rejoinder.
Final Arguments Continue
Hearings for final arguments began on 28th November 2022 and continued day-to-day until 23rd December 2022, in a special session only for this matter before the Hon’ble Justice Gautam Patel.
The Plaintiff’s Counsel, Mr. Anand Desai presented arguments from 28th November until the morning of 7th December. The Defendant’s Senior Counsels, Mr. Iqbal Chagla, Mr. Janak Dwarkadas, and Mr. Fredun DeVitre then began the Defendant’s arguments, which are still continuing.
Final Arguments Commenced
The Hon’ble Justice Gautam Patel has set dates for the final arguments in the suit, which will be held before him in a special session only for this matter from from 28 November 2022 to 23 December 2022 on a day-to-day basis.
Placed On Board to Pass Orders on objections
The Hon’ble Justice Gautam Patel has listed the matter on 17, 18, and 19 October 2022 to pass orders on objections, marking of documents in evidence, and other matters.
Cross-examination of all the Defendant’s witnesses concluded
The Defendant led the evidence of 13 witnesses. Cross-examination of the first witness began in February 2021 and cross-examination of the last witness concluded on 30 August 2022.
Cross-examination of Defendant’s first 4 witnesses concluded in 2021
Cross-examination of the Defendant’s witnesses DW1 through DW4 was concluded in 2021, after commencing in February 2021.
Defendant’s second witness, Dr. John Costello’s cross-examination concluded
The cross-examination of the Defendant’s second witness, Dr. John Costello, a consultant respiratory medicine physician, concluded on 31 March 2021, with 42 questions being asked over two sessions.
Dr. Omar Malik’s evidence hearings concluded
The cross-examination of the Defendant’s first witness, Dr. Omar Malik, a consultant neurologist, began on 2nd February 2021, with Mr. Anand Desai of DSK Legal, on behalf of the Plaintiff, conducting the cross-examination. Due to the Covid pandemic, Dr. Malik was unable to travel to Mumbai and the Hon’ble Bombay High Court set up a video link for his cross-examination at the International Dispute Resolution Centre (IDRC) in London. The cross-examination spanned three half-day sessions, with 118 questions asked, and ended on 4th February 2021.
Defendant’s first witness, Dr. Omar Malik, to be cross-examined
Dr. Omar Malik submitted his affidavit of evidence in March 2020. His cross-examination was originally scheduled for 22nd April 2020 but was postponed due to the COVID-19 situation.
Plaintiff’s case closed, cross-examination of Plaintiff’s witnesses complete
With the cross-examination of Mukasir-e-Dawat Dr. Syedi Husain Bhaisaheb Burhanuddin Saheb AAB concluded after 7 days of cross-examination, the Plaintiff has now closed his case, and the Defendant’s witnesses will now lead their evidence. The Defendant’s Counsel informed the Hon’ble Court that the Defendant will not be giving his own evidence as a witness, and the Defendant’s first witness will be Dr. Omar Malik, a neurologist who was amongst the doctors who treated the 52nd Dai in the hospital in London when the 52nd Dai suffered a stroke.
Read press report: mid-day: Dawoodi Bohra Succession row: Mufaddal Saifuddin won’t testify first
Mukasir-e-Dawat’s cross examination commences
The Plaintiff’s last witness, Mukasir-e-Dawat Dr. Syedi Husain Bhaisaheb Burhanuddin Saheb AAB, PhD in Quranic Studies from the University of Cambridge, who has translated documents in the Arabic and Lisan-ud-Dawat languages into the English language, cross-examination commenced.
Conclusion of Professor Stewart’s cross-examination
Professor Stewart’s cross-examination concluded on 6th December 2019 after 6 days of cross-examination. Reports of his testimony were published in online and print media by the Mumbai Mirror, Indian Express, Free Press Journal and others.
Read press report: Mumbai Mirror: A difficult and tricky test
Professor Devin Stewart’s cross examination commences
The Plaintiff’s independent expert witness, Professor Devin Stewart, Professor of Arabic and Islamic Studies at Emory University, USA, begins his cross examination. Professor Stewart is an expert on Ismaili, Shia and Islamic history and doctrine.
Read press reports:
Cross examination of Syedna Fakhruddin Saheb TUS concludes
After 27 days of hearings and over 1,500 questions asked, Syedna Fakhruddin Saheb TUS’ cross examination concludes.
Read press reports:
Cross examination of Syedna Fakhruddin Saheb TUS continues
Syedna Fakhruddin Saheb TUS’ cross-examination continues, with the Hon’ble Justice Gautam Patel allocating 22 days for cross-examination in between 8th January and 30th November 2018.
Read press report: Hindustan Times: Disputes from the past discussed in Bohra succession case
Cross examination of Syedna Fakhruddin Saheb TUS commences
Syedna Taher Fakhruddin Saheb’s cross-examination begins in the Bombay High Court.
Read press reports:
- Firstpost: Fakhruddin claims historic precedents of private conferment of succession rights exist
- Times of India: ‘Conferment of succession is irrevocable’
- DNA: Battle for Bohri Syedna post goes to Bombay High Court
- Free Press Journal: I have special knowledge to lead Bohras: Syedna to Bombay High Court
- Free Press Journal: Fight for 53rd spiritual head of Bohra community continues
Substitution of Plaintiff granted
The Hon’ble Justice Gautam Patel of the Bombay High Court issues an order granting the substitution of Syedna Taher Fakhruddin Saheb as the Plaintiff.
Read press report: DNA: Fakhruddin can challenge 53rd Syedna for post: Bombay High Court
Open Letter
Syedna Fakhruddin Saheb TUS writes an open letter to Shehzada Mufaddal Saifuddin inviting him to a debate. The letter and call to debate are not answered by Shehzada Mufaddal Saifuddin.
Read more: Syedna Fakhruddin TUS Open Letter to Shz Mufaddal Saifuddin
Chamber Summons filed
Chamber summons are filed in the Bombay High Court seeking to substitute Syedna Taher Fakhruddin Saheb TUS as Plaintiff in the ongoing succession suit.
Read press report: Times of India: Rival Syedna’s son moves HC, takes forward father’s succession fight
Syedna Qutbuddin Saheb RA passes away
Syedna Khuzaima Qutbuddin Saheb RA passes away in California, USA
Read press report: Mumbai Mirror: Farewell, Mr People
Cross examination of Syedna Qutbuddin Saheb RA commences
Cross-examination of Syedna Khuzaima Qutbuddin Saheb begins at the Bombay High Court in the historic Courtroom No. 46.
Read press reports:
- Times of India: Late Syedna told me to keep mum on succession: Kin
- Business Standard: My siblings don’t openly back my Syedna claim: Qutbuddin to HC
- Indian Express: Syedna called me his ‘beloved son’, meaning successor, says challenger to title in court
- The Hindu: Syedna row: HC restricts entry of Bohra Muslims for hearing
- Mumbai Mirror: Qutbuddin claims his anointment was kept secret over threat to life
- DNA: Late Syedna called me beloved son, that meant I was his successor: Khuzaima Qutbuddin
Court Frames Issues
The Hon’ble Bombay High Court frames the five core issues to be determined during trial
Read press report: Hindustan Times: Bohra succession row: HC to judge if Qutbuddin can prove anointment
Expedited Trial Proposed
The Hon’ble Justice Gautam Patel of the Bombay High Court proposed an expedited trial in lieu of interim reliefs sought, to which Syedna Qutbuddin Saheb’s counsel agreed
Read press reports:
Bombay High Court Suit Filed
Suit 337/2014 filed in Bombay High Court by Syedna Khuzaima Qutbuddin Saheb RA against Shehzada Mufaddal Saifuddin seeking a declaration that Syedna Qutbuddin Saheb RA is the validly appointed 53rd Dai al-Mutlaq. Syedna Qutbuddin Saheb RA states he is filing the Suit for “truth, justice, and the future of the Dawoodi Bohra Community.”
Watch TV news report: Zee News: Syedna issue – Khuzaima Qutbuddin moves Bombay High Court
Read press reports:
Call for Debate
Syedna Khuzaima Qutbuddin Saheb called Shehzada Mufaddal Saifuddin to a debate in a letter. There was no response.
Syedna Burhanuddin Saheb RA’s Wafat
Syedna Mohammed Burhanuddin Saheb RA, the 52nd Dai al-Mutlaq of the Dawoodi Bohra community passes away in Mumbai
Read press report: The Hindu: Syedna Mohammed Burhanuddin passes away
Press reports referred to and links provided solely contain the opinions of the report authors/anchors, and are already in the public domain.