Bombay High Court rules that Mufaddal Saifuddin is the rightful leader of the Dawoodi Bohra community

The Bombay High Court on Tuesday ruled that Mufaddal Saifuddin, the 53rd Dai and incumbent leader of the Dawoodi Bohra community, is the rightful leader of the community and therefore dismissed a lawsuit challenging his leadership. (Taher Fakhruddin Saheb to Mufaddal Burhanuddin Saifuddin)

Justice with one judge Gautam Patel dismissed a nine-year-old lawsuit filed by the leadership challenger, Taher Fakhruddin, on the grounds that the challenger could not prove his appointment as Syedna (community leader).

Furthermore, the Court concluded that the current leader could prove that he had been granted a valid ‘Nass’ by the former leader.

Justice Patel held that the suit was maintainable and the relief sought in the suit was not barred by the provisions of the Maharashtra Public Trusts Act, 1950.

However, on the merits, it ruled that the plaintiff, Taher Fakruddin, could not prove that he had been granted a valid ‘Nass’.

The plaintiff also could not prove whether the Nass, once granted, cannot be revoked, revoked, modified or replaced, the judge ruled.

In view of this, the court decided to reject the claim.

The Dawoodi Bohra community experienced a major upheaval in 2014 following the demise of their ‘Syedna’ (community leader) Mohammad Burhanuddin, 52^NL leader.

After his death, his son Mufaddal Saifuddin took over as the 53^rd leader. This was disputed by Khuzaima Qutbuddin, half-brother of the deceased Syedna.

He claimed to be the ‘Dai-al-Mutlaq’ (leader of the community) based on a secret ‘nass’ (grant of succession) granted by the end of 52^NL leader.

When the dispute could not be resolved, Qutbuddin, the original plaintiff, filed a lawsuit in the Supreme Court on March 29, 2014, asking the court to declare him as the rights holder.^rd Dai.

In 2016, while the evidence was still being recorded, the original plaintiff died and his son, Taher Fakhruddin, replaced his father as plaintiff.

After conducting a trial that lasted 9 years and 8 days, the single judge pronounced Justice G. S. Patel reserved the suit for order on April 5, 2023.

The original accuser argued in the lawsuit that the Syedna Burhanuddin had called him to his room in 1965 before taking an “oath of allegiance” from community members as the 52^NL Dai.

The Dai reportedly announced that Qutbuddin would be appointed ‘second in command’ after him and then elevated to Syedna’s position. However, the Dai asked Qutbuddin to keep the conversation confidential.

After 52^NL Dai died, his son, Saifuddin, took over the post ‘fraudulently’, forcing Qutbuddin to file a legal claim for the seat, he argued in his lawsuit

The suspect, on the other hand, opposed the deceased being 52^NL Dai, his father, had granted the suspect ‘nass’ in the presence of witnesses in June 2011 at a hospital in London where he had been admitted.

This was publicly ‘reaffirmed’ at an event in Mumbai on June 20, 2011. It was filed.

After conducting a trial, single judge Justice G. S. Patel reserved the trial for delivery on April 5, 2023 before handing down his sentence on Tuesday.

Lawyers Anand Desai, Chirag Mody, Nausher Kohli, Samit Shukla, Saloni Shah and Shivani Khanwilkar instructed by DSK legal appeared for the plaintiff.

The defendant was represented by a team led by five Senior Advocates, who were briefed by Argus Partners.

Senior lawyers Iqbal Chagla, Janak Dwarkadas, FE DeVitre, Pankaj Savant, Firdosh Pooniwalla along with lawyers Azmin Irani, Abeezar Faizullabhoy, Shahen Pradhan, Murtaza Kachwalla, Jehaan Mehta, Ammar Faizullabhoy, Chirag Kamdar, Juzer Shakir, Jaisha Sabavala and Musafa Maimoon appeared for the defender.