The Bombay High Court on Tuesday held 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 suit challenging his leadership [Taher Fakhruddin Saheb v. Mufaddal Burhanuddin Saifuddin]Single-judge Justice Gautam Patel dismissed a 9-year-old suit filed by the challenger to the leadership, Taher Fakhruddin, on the ground that the challenger could not prove his appointment as the Syedna (community leader).Additionally, the Court concluded that the present leader was able to prove that a valid 'Nass' was conferred on him by the erstwhile leader.Justice Patel held that the suit was maintainable and reliefs prayed for in the suit were not barred by the provisions of the Maharashtra Public Trusts Act, 1950.However, on merits it ruled that the plaintiff, Taher Fakruddin, could not prove he had a valid 'Nass' conferred on him.The plaintiff could neither prove whether 'Nass' once conferred cannot be retracted or revoked or changed or superseded, the judge held.In view of this, the court proceeded to dismiss the suit.The Dawoodi Bohra community saw a major upheaval in 2014 post the demise of their ‘Syedna’ (community leader) Mohammad Burhanuddin, the 52nd leader.After his demise, his son Mufaddal Saifuddin took over as the 53rd leader. This was disputed by Khuzaima Qutbuddin, half brother of the deceased Syedna.He claimed he was the ‘Dai-al-Mutlaq’ (leader of the community) based on a secret ‘nass’ (conferment of succession) conferred by the late 52nd leader.When the dispute could not be resolved, Qutbuddin, the original plaintiff, filed a suit before the High Court on March 29, 2014 seeking the court to declare him as the rightful 53rd Dai.In 2016, while evidence was still being recorded, the original plaintiff passed away and his son, Taher Fakhruddin, replaced his father as the plaintiff.After conducting a trial, which went on for 9 years and 8 days, single-judge Justice GS Patel reserved the suit for order on April 5, 2023. The original plaintiff pleaded in the suit that in 1965, the Syedna Burhanuddin called him to his chambers before taking an 'oath of allegiance' from members of the community as the 52nd Dai.Purportedly, the Dai conveyed that Qutbuddin would be appointed as 'second in command' to him and thereafter be elevated to Syedna's position. The Dai however asked that Qutbuddin keep the conversation confidential.After the 52nd Dai passed away, his son, Saifuddin, took over the post 'fraudulently', which compelled Qutbuddin to raise legal claim on the seat, he pleaded in his suitThe defendant on the other hand opposed pointing out that the deceased 52nd Dai, his father, had conferred 'nass' on the defendant in the presence of witnesses in a hospital in London in June 2011 where he had been admitted. This had been ‘re-affirmed’ publicly during an event in Mumbai on June 20, 2011, it was submitted.After conducting a trial, single-judge Justice GS Patel reserved the suit for order on April 5, 2023 before delivering his judgment on Tuesday.Advocates 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 briefed by Argus Partners. Senior Advocates Iqbal Chagla, Janak Dwarkadas, FE DeVitre, Pankaj Savant, Firdosh Pooniwalla along with advocates Azmin Irani, Abeezar Faizullabhoy, Shahen Pradhan, Murtaza Kachwalla, Jehaan Mehta, Ammar Faizullabhoy, Chirag Kamdar, Juzer Shakir, Jaisha Sabavala and Musafa Maimoon appeared for the defendant.
TAGS: Bombay High Court Mufaddal Saifuddin Dawoodi Bohra community leadership dispute Taher Fakhruddin
