Plaintiff in Syedna battle to appeal against HC verdict

“In light of the unfavourable judgement of the High Court of Bombay in the leadership succession suit, Syedna Fakhruddin vows to continue the fight"

MUMBAI: Two days after the Bombay high court upheld Syedna Mufaddal Saifuddin’s position as ‘Dai-al-Mutlaq’ or religious leader of the Dawoodi Bohra community following a ten-year-long legal battle, and dismissed his cousin Taher Fakhruddin’s claim to being the rightful successor, Fakhruddin’s office on Thursday issued a statement that it would appeal against the HC verdict.

The judgment was made available on the evening of April 24 and after an initial review, Fakhruddin’s office stated that “it failed to address critical evidence” (HT PHOTO)

Expressing disappointment with the verdict, the statement read, “In light of the unfavourable judgement of the single judge of the High Court of Bombay in the Dawoodi Bohra leadership succession suit, Syedna Fakhruddin vows to continue the fight and appeal this judgement to the full extent of the legal process. The Syedna believes in this fight, as this is a fight not for anything else but to restore respect and trust in and of the community.”

The judgment was made available on the evening of April 24 and after an initial review, Fakhruddin’s office stated that “it failed to address critical evidence; attributed positions and statements to the plaintiff which he never took; applied different standards to the evidence put forward by the plaintiff and defendant and contradicted itself in places”.

The statement further added that Fakhruddin was confident that the judgement would be overturned on appeal “and by the Grace of Almighty God, truth and justice will prevail”. “For truth, for justice, and for the future of the Dawoodi Bohra community, I am duty-bound to continue this fight,” said Fakhruddin.

The statement elaborated that Syedna Khuzaima Qutbuddin, who filed the suit in 2014, was the successor and the mazoon or second-in-command of the 52nd Syedna, Syedna Mohammed Burhanuddin, for 50 years. He had given his evidence in the suit and faced around 500 questions during the cross-examination which he answered truthfully, and established his appointment by Syedna Burhanuddin.

“The defendant Mufaddal Saifuddin failed to personally appear to give evidence and face cross-examination, including questions that would have been asked regarding his acceptance by words and actions of Syedna Khuzaima Qutbuddin as the successor of the 52nd Syedna. The plaintiffs testified to these words and actions of Mufaddal Saifuddin under oath, including by producing handwritten letters of the defendant and video recordings showing the defendant’s words and actions,” the statement concluded.