The Bombay high court on Wednesday requested the incumbent 53rd Dai Ul Mutlaq, Mufaddal Saifuddin, and his uncle Khuzaima Qutbuddin to issue a statement to their followers to avoid further polarisation of the community. This could happen after the evidence is forwarded during the succession trial, which is likely to begin from April 27.
Justice Gautam Patel, before whom the suit is being heard, said: "There will be ups and downs during the trial; give a joint undertaking to the community to maintain calm." The parties expressed their consent to issue the statement, but not jointly.
On April 27, the court will record the cross examination of Qutbuddin. due to security concerns raised by the police, only 25 people from each side will be allowed to remain present. The high court registry will issue them entry passes. Furthermore, the court directed the administration and the IT department to install audio-visual devices and microphones inside the historic Centre Hall, court room, where the trial will be conducted to assist everyone present to hear the testimony.
Qutbuddin is the stepbrother of the deceased 52nd Dai, Mohammed Burhanuddin. Khuzaima, who was Mazoon (second in command after Syedna) in the million-strong Dawoodi Bohra community until the death of his
brother, challenged the succession soon after Burhanuddin's death.
Saifuddin, the present Syedna, through his elder brother Dr Qaidjoher Ezzuddin who is appointed as the Constituted Attorney, opposed reliefs sought in the declaratory suit.
In an affidavit of over 400 pages filed earlier in response to Qutbuddin's petition in the Bombay high court, Qaidjoher contented that "the suit is based on false and untenable cases. Bohras across the world have given misaq (oath of allegiance to Mufaddal). Along with professors and students and teachers of the 200-year-old Arabic teaching academy in Surat and its branches and various state heads have recognised Mufaddal as the successor.
However, only a handful of individuals from the community are not accepting Mufaddal as the Syedna."
In June 2011, Mufaddal Saifuddin was nominated successor according to the press statement from the community. Qutbuddin publicly challenged the succession for the first time after death of Burhanuddin on January 17 last year.
Qutbuddin claimed that he did not challenge the false claims made by Syedna Mufaddal until now because he (Qutbuddin) had been asked to maintain his appointment in confidence by Syedna Burhanuddin Saheb. He prayed and hoped that Syedna Burhanuddin Saheb would recover and set the position right in the manner Syedna deemed appropriate, he claimed.
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