Syedna succession row: HC seeks proof from half-brother | mumbai | Hindustan Times
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Syedna succession row: HC seeks proof from half-brother

Qutbuddin had, in March, filed a suit against the official successor, Syedna Mufaddal Saifuddin, seeking that he be restrained from acting as the leader and that Qutbuddin be declared the 53rd Dai.

mumbai Updated: Oct 08, 2014 18:42 IST
Bhavya Dore

Khuzaima Qutbuddin, the 73-year-old half-brother of the late Syedna, who has opposed the incumbent successor, will have to prove that he was conferred with nass, the official declaration of succession, and that the pronouncement was valid, the Bombay high court (HC) reiterated on Tuesday.

Qutbuddin had, in March, filed a suit against the official successor, Syedna Mufaddal Saifuddin, seeking that he be restrained from acting as the leader and that Qutbuddin be declared the 53rd Dai.

Last month, the high court had framed “issues” to adjudicate the matter. When it came up on Tuesday, both parties sought some modifications in the questions that had been framed for adjudication.

The 52nd Dai passed away in January and Qutbuddin’s claim is that he had privately anointed him to take over several years ago. The other side has said Saifuddin was publicly anointed as successor.

“He has to prove the fact of its pronouncement, and if it constitutes valid nass,” said Justice GS Patel.

“He has to prove the fact of its pronouncement, and if it constitutes valid nass,” said Justice GS Patel.

Both parties will have to prove that they are the valid successors and they will also have to answer the question, as to whether nass conferred, can be revoked. “[One of the issues] is in the realm of theory,” said the bench. “As a matter of the tenets of the faith, can there be a revocation?”

At the end of the hearing, the judge asked both parties if they were still keen on pursuing the matter in the court. “The trial will be in court, is everyone agreed,” he asked.

Both parties said they were agreeable to this.

The court then set the dates for certain procedural formalities and said the matter would next be heard on October 14.

At the last hearing, the court had also raised the issue of translation of the scriptures crucial to the case. Both sides informed him that they had approached the court translator, but the issue had not been really gone into.

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