Mumbai: The Bombay High Court Wednesday adjourned till April 15 the case pertaining to the Syedna succession directing the defendants to file a reply by the next month.
Khuzaima Qutbuddin, half brother of of Syedna Mohammed Burhanuddin, has sought his appointment as the rightful spiritual leader of the community, seeking restrain on his nephew Mufaddal Saifuddin from discharging his duties as Syedna.
In his 700-page petition, Qutbuddin, apart from calling Saifuddin's succession as "false", has also sought the court's intervention to restrain him from "holding himself out as or doing any acts, deeds or things as the Dai al-Mutlaq of the Dawoodi Bohra community".
Dai al-Mutlaq, or simply Dai, is the spiritual and temporal head of the community and controls a vast network of trusts which manage charities, mosques, madrassas, mausoleums and community halls.
During the proceedings on Wednesday, plaintiff Khuzema Qutbuddin and defendant incumbent Syedna Mufaddal Saifuddin filed sets of admissible documents. Senior counsel Ravi Kadam, representing petitioner Khuzema Qutbuddin, sought deletion of a few documents he had submitted to the court. He contested the correctness of those documents, seeking their deletion.
The court said it will hear the matter next on April 15 whereas cross examination of witnesses will begin from April 27 when Khuzema Qutbuddin is likely to depose before the court. The court administration has also been directed to make audio-visual arrangements.
The court also took on record a set of documents which require translation from classical Arabic. "It is however agreed that these documents relied on by the plaintiff may be marked subject to cross examination and subject to proof of translation," Justice Patel said in his order.
Earlier, due to security issue, the court restricted the entry of Bohra Muslims in the court premises.
Justice Gautam Patel, taking into consideration the security and crowd management problem, directed that 25 persons from each side will be allowed entry into the court. They will be issued entry passes by HC security in advance.
Thereafter, he issued a formal order restricting the entry to 25 persons from each side. The names of the persons attending the trial will have to be informed 48 hours in advance. These persons will be issued passes which will be verified by the police before allowing them entry in the court premises.
The Syedna succession row has divided the entire Bohra community. While majority of the members of the community consider Syedna Burhanuddin's son as the next Syedna, the followers of Qutbuddin believe him as the rightful successor. They said that he has been the late Syedna's closest aide over the years.
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