HC dismisses Dawoodi Bohra succession suit, upholds Syedna Mufaddal Saifuddin’s claim

A single judge bench of justice Gautam Patel declared that the suit filed by the plaintiff, Syedna Taher Fakhruddin was dismissed

MUMBAI: The Bombay High Court on Tuesday dismissed the suit filed by Syedna Taher Fakhruddin, seeking a declaration that he was the 54th Dai Al-Mutlaq – the spiritual leader and head of the 1.5million strong Dawoodi Bohra community.

Members of the Dawoodi Bohra community stepping out of the Bombay High Court building after the court pronounced it's verdict on a contentious succession suit on Tuesday. (Anshuman Poyrekar/ Hindustan Times)

Pronouncing his much-awaited verdict on the contentious suit in a courtroom full of supporters from both sides and a battery of lawyers representing the contesting parties, a single judge bench of justice Gautam Patel declared that the suit filed by the plaintiff, Syedna Taher Fakhruddin was dismissed, as he failed to prove his claim that he was entitled to lead the community on the strength of “nass” conferred on him by his father, Syedna Khuzaima Qutbuddin.

Instead, Justice Patel held that the plaintiff’s rival, Syedna Mufaddal Saifuddin, had proved that he was conferred “nass” by the 52nd Dai Al-Mutlaq and as such properly appointed as the spiritual leader of the community. Nass is the official declaration of succession followed by the Dawoodi Bohra sect, which has been roiled in a battle for assumption of leadership of the community.

The judgement is yet to become available.

The suit was originally filed by Syedna Khuzaima Qutbuddin in March 2014 for a declaration that he was properly appointed as the 53rd Dai Al-Mutlaq (or spiritual leader and head of the Dawoodi Bohra Community worldwide) by the 52nd Dai Al-Mutlaq and his half-brother Syedna Mohammad Burhanuddin.

He claimed that he had been conferred “nass” by the 52nd Dai in December 1965, but despite that Syedna Mufaddal Saifuddin, the son of the 52nd Dai, had announced himself to be the 53rd Dai after the demise of his father on 17 January 2014, and took control over the community and its properties.

Syedna Khuzaima Qutbuddin therefore sought a declaration that as the 53rd Dai Al-Mutlaq, he was entitled to administer, control, and manage all the immovable and movable properties and assets of the Dawoodi Bohra Community, and was entitled to Saify Mahal situated at AG Bell Road in Malabar Hill, which houses the official office-cum-residence of the Dai al-Mutlaq.

Besides, the Plaintiff also sought restraint on Syedna Mufaddal Saifuddin from obstructing him from entering Saifee Masjid, Raudat Tahera, and all other Community properties, such as mosques, Dar ul-Imarats, community halls, mausoleums, schools, colleges, hospitals, cemeteries, offices etc.

Syedna Mufaddal Saifuddin, on his part, claimed to have been validly appointed by the 52nd Dai as his successor and assumed office after the 52nd Dai died on 17 January 2014. He justified his action, stating that he had been conferred “nass” by his father while in a London hospital in 2011, and a fortnight later, his father publicly announced his succession in Mumbai.

Even as the High Court commenced the trial, Syedna Qutbuddin passed away on 30 March 2016, after which his eldest son and “successor”, Syedna Taher Fakhruddin, was allowed by the court to be substituted as the Plaintiff in his father’s suit. Syedna Fakhruddin too sought a declaration that he was the 54th Dai, claiming that he was conferred “nass” by his father before his demise and hence he was entitled to lead the community.

At the trial, both sides presented their evidence and made elaborate submissions on their respective claims. The final hearing in the case started on 28 November 2022 and went on for 46 full days, in which both sides presented detailed arguments in support of their respective claims. The final hearing concluded on 4 May 2023, when the court reserved its order.