Breaking | Bombay High Court Dismisses Suit Challenging Syedna Mufaddal Saifuddin's Position As 53rd Spiritual Leader Of Dawoodi Bohra Community

After a ten-year long legal battle, the Bombay High Court has upheld Syedna Mufaddal Saifuddin's position as “Dai-al-Mutlaq” or the religious leader of the Dawoodi Bohra community, dismissing his nephew Taher Fakhruddin's claim.

Justice GS Patel pronounced the judgment today, dismissing Fakhruddin's suit.

The trial in the Syedna succession row concluded and judgment was reserved in April 2023, spanning nine years. The final hearing began in November 2022 and concluded in April 2023.

In 2014, the 52nd Syedna Mohammed Burhanuddin passed away, and his son Mufaddal Saifuddin succeeded as the 53rd Syedna. Khuzaima Qutbuddin, Syedna Burhanuddin's half-brother, challenged Saifuddin's succession, claiming that Syedna Burhanuddin had secretly conferred 'nass,' the official declaration of succession, upon him in 1965. Qutbuddin claimed that Saifuddin took over as the Syedna in a fraudulent manner.

Qutbuddin claimed that after Burhanuddin became the Dai in 1965, he had publicly appointed Qutbuddin as the mazoon (second in command) and privately anointed him as his successor through a secret nass, prior to the mazoon announcement on December 10, 1965.

Qutbuddin passed away in 2016, leading his son Taher Fakhruddin to continue the legal battle and seeking recognition as the 54th Dai. Fakhruddin claimed that his father Qutbuddin conferred the 'nass' on him in

The court framed five issues including the maintainability of the suit, requirements of a valid 'nass', whether a valid 'nass' was conferred on original plaintiff Qutbuddin and subsequently his son Fakhruddin, whether a 'nass' can be revoked or changed, and whether a valid 'nass' was conferred on defendant Saifuddin.

Advocate Anand Desai for Fakhruddin contended that 'nass' once conferred is permanent and cannot be changed.

Conversely, Senior Advocate Janak Dwarkadas for the defence (Saifuddin) asserted that 'nass' could be changed, and even if a 'nass' had been conferred on Qutbuddin, only the last 'nass' would be valid which was conferred on Saifuddin.

The defence claimed that the 52nd Dai Burhanuddin had conferred 'nass' on his son Saifuddin in the presence of witnesses on June 4, 2011. Saifuddin was publicly reaffirmed as successor-designate on June 20, 2011, the defence submitted.

The defence argued that Qutbuddin's 'nass' had no witnesses, and questioned his silence regarding his alleged appointment between 2011 and 2014. The defence claimed that Saifuddin had been appointed in 1969, 2005, and twice in June 2011. However, Desai contended that the four 'nass' on Saifuddin were concocted.

Case no. – S/337/2014

Case Title – Taher Fakhruddin Saheb v. Mufaddal Burhanuddin Saifuddin