HC dismisses Bohra legal suit

The Bombay High Court dismissed the suit challenging Syedna Mufaddal Saifuddin's position as the 53rd Da'i al-Mutlaq or spiritual head of the Dawoodi Bohra community, on Tuesday.

- URVI MAHAJANI

The HC held that the 'nass' conferred by the 52nd Dai Mohammed Burhanuddin on his son Syedna Mufaddal Saifuddin, is valid.

"I have dismissed the suit," said Justice Gautam Patel, dismissing the suit filed by Taher Fakhruddin challenging Syedna Muffadal Saifuddi's succession as the spiritual leader. The HC had set out five issues in the suit including the preliminary issue of whether it was maintainable. The court held that the suit was maintainable. However, on the issue of whether Syedna Khuzaima Qutbuddin could prove that the 'nass' conferred on him via a private communication on December 10, 1965, was valid, the court answered in the negative.

'Nass' is a process or bequest of a predecessor to his successor, making him the next Da'i al-Mutlaq of the Bohra community across the globe.

The late Syedna's half-brother, Qutbuddin, had challenged the succession in the high court. He had sought a declaration that he was the leader of the community, based on a secret 'nass' (conferment of succession) by the deceased leader on December 10, 1965.