Wednesday, August 4, 2021
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HC starts recording of statement of claimant to post of Syedna

The Bombay High Court started recording the statement of Taher Fakhruddin, who claims to be the head of the Dawoodi Bohra community and has sought to be declared as the Syedna.

In 2014, Fakhruddin’s father Khuzaima Qutbuddin filed a suit in the high court after his brother and then Syedna Mohammed Burhanuddin passed away at the age of 102.

Burhanuddin’s second son Mufaddal Saifuddin had then taken over as the new Syedna.

Qutbuddin sought in his suit that the court restrains his nephew Saifuddin from acting as Syedna.

In 2016, Qutbuddin passed away, following which the high court permitted Fakhruddin to substitute him in the suit. Fakhruddin claimed that his father, before dying, had appointed him to Syendas position.

Fakhruddin claims to be the 53rd Dai al-Mutlaq or spiritual head of the community.

Justice Gautam Patel started recording the statement of Fakhruddin who will be first examined by his own counsel Anand Desai, and then cross-examined by Saifuddins lawyers.

The suit claims that late Syedna Burhanuddin had chosen Qutbuddin as his Mazoon (deputy) and secretly appointed him as his successor 50 years ago.

The high court will consider several issues such as what constitutes a Nass (act of succession), can a Nass once conferred be retracted, revoked, changed or superseded and was a valid Nass conferred upon Saifuddin by Burhanuddin.

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