Bohras: No change at the top

The Bombay High Court brought a decadelong legal dispute to a close on Tuesday by dismissing Taher Fakhruddinrsquos challenge to the succession of Syedna Mufaddal Saifuddin as the 53rd spiritual leader or lsquoDarsquoialMutlaqrsquo of the Dawoodi Bohra community Welcoming the courtrsquos verdict members of the Dawoodi Bohra community expressed that they had anticipated this outcomeFor nearly ten years the community has been embroiled in a contentious battle over the succession to the title of Darsquoi Syedna its supreme spiritual leader The Dawoodi Bohras a sect within the Ismaili branch of Shia Islam number around five lakh in India and over ten lakh worldwide Fakhruddin second Syedna of the Qutbi Bohras followers of Khuzaima Qutbuddin and claimant to the position of the 53rd DarsquoialMutlaq after his father Khuzaima Qutbuddinrsquos death has been the plaintiff in the caseThe controversyIn 2014 following the passing of the 52nd Syedna Mohammed Burhanuddin in Mumbai his son Mufaddal Saifuddin and his halfbrother Khuzaima Qutbuddin both asserted their claims as heirs Saifuddin was announced as the successor in 2011 three days after his father suffered a debilitating stroke and he assumed control of the Dawoodi Bohra administration and infrastructure as the 53rd SyednaDawoodi Bohra community members gather at the Raudat Tahera Mausoleum in Bhendi Bazaar to pay their respects to the 51st and 52nd DarsquoialMutlaqs on Tuesday PicsSayyed Sameer AbediQutbuddin however claimed to have been designated as the successor in secrecy in 1965 The legal battle began when Qutbuddin filed a suit in March 2014 seeking recognition as the properly appointed 53rd Drsquoai AlMutlaq Qutbuddin claimed to have received the official declaration of succession or lsquonassrsquo from the 52nd Darsquoi in December 1965 Despite this Saifuddin announced himself as the 53rd Darsquoi after his fathers passing on January 17 2014 assuming control over the community and its assetsQutbuddin also sought a declaration that as the 53rd Darsquoi AlMutlaq he was entitled to administer control and manage all the assets of the community including the Saifee Mahal on AG Bell Road at Malabar Hill which serves as the official officecumresidence of the Darsquoi alMutlaq Additionally he sought to prevent Saifuddin from obstructing his access to Saifee Masjid Raudat Tahera and all other community properties such as mosques Dar ulImarats community halls mausoleums schools colleges hospitals cemeteries and offices Following Qutbuddinrsquos death in 2016 in the US Fakhruddin continued the legal pursuit seeking recognition as the leader of the Dawoodi Bohras by the high courtCommunityrsquos statementReacting to the judgment passed by Justice G S Patel on Tuesday the community issued a statement expressing gratification that read ldquoThe judgment after carefully considering the evidence presented and the elaborate arguments advanced by both parties has conclusively held that the 52nd alDrsquoai alMutlaq His Holiness Syedna Mohammed Burhanuddin had appointed his son His Holiness Syedna Mufaddal Saifuddin as his successor and the 53rd alDarsquoi alMutlaq of the Dawoodi Bohra communityrdquoIt further read ldquoThe rather unfortunate challenge to Syedna Saifuddinrsquos appointment and the various falsehoods that it was based on has been conclusively dealt with in the said judgement and the claims of Khuzema Qutbuddin the original plaintiff and his son Taher Fakhruddin the current plaintiff have been comprehensively rejected The judgment has firmly dealt with and dismissed the misinterpretation and misleading portrayal by the plaintiffs of the facts and the religious doctrines of the Dawoodi Bohra faith We have always believed and have had full faith and conviction in the Indian judiciary which has time and again affirmed the position of the Syedna and the Dawoodi Bohra communityrsquos ageold beliefs customs practices and doctrinesrdquoThe statement thanked Justice Patel for ldquodevoting as much time as he did over the past ten years in patiently hearing and deciding this complex matterrdquo as well as the communityrsquos counsels solicitors and advocates ldquoLastly we would also like to thank all the witnesses who gave evidence in the matter on behalf of His Holiness Syedna Mufaddal Saifuddin whose evidence formed the basis of getting the favourable judgement the statement readlsquoLandmark verdictrsquoDescribing the verdict as a landmark Yusuf Patanwala a businessman and member of the community expressed gratitude to the court stating ldquoWe are thankful to the court for granting us a patient hearing after a decadelong legal process For many it seemed like an endless legal battle However I appreciate that every aspect was thoroughly discussed and debated in public particularly regarding the rightful successor There is a sense of joy within the communityrdquoAnother member of the community Huzefa Motiwalla a business coach remarked ldquoWe never doubted that the courtrsquos judgment would be in our favour I extend my gratitude to the court the advocates and the legal team who tirelessly worked during the legal proceedings Should there be further challenges I believe they lack merit and substance in the claims We wholeheartedly acknowledged Syedna Mufaddal Saifuddin as his rightful successor The truth is now evident to all through the courts proceedingsrdquo Meanwhile a spokesperson on behalf of Fakhruddin said ldquoWe will review the courts order and decide on the next course of actionrdquo500000No of Dawoodi Bohras in India