The first of many restraining orders. Alhamdolillah.
PRESS RELEASE: 16 April 2014. Filing of Writ Petitions in the Gujarat High Court by His Holiness Syedna Khuzaima Qutbuddin TUS, being the 53rd Dai al-Mutlaq and Head of the Dawoodi Bohra Community Alleging Violation of the Principles of Natural Justice by Several Authorities who have Without Due Process Passed Orders Entering Shehzada Mufaddal Saifuddin’s Name As Sole Trustee of Numerous Trusts And Wakfs. Ad-Interim Order Granted by the Honourable Gujarat High Court on 16/4/2014.
Mumbai, 16th April 2014
His Holiness Syedna Khuzaima Qutbuddin TUS, has, in furtherance of his assertion of being the 53rd Dai al-Mutlaq, which is based on truth (Haqq) and principle, filed eight Writ Petitions before the Gujarat High Court being Special Civil Application Nos. 5478 to 5485 of 2014, that allege a large scale violation of the principles of natural justice on the part of several Assistant Charity Commissioners and the Gujarat Wakf Board who have without giving a hearing and without issuing notices to him passed orders permitting Shehzada Mufaddal Saifuddin’s name to be entered as sole trustee of numerous public trusts believed to be exceeding 75 and wakfs exceeding 250 in number.
The Writ Petitions filed in the Gujarat High Court state that soon after the sad demise of the 52nd Dai al-Mutlaq His Holiness Syedna Mohammed BurhanuddinRA on the 17th of January 2014, the Wakf Board passed an order entering Shehzada Mufaddal Saifuddin’s name on January 23, 2014 and that too within just 2 days of an application having been filed. One day after the Wakf Board passed the order, Abdul Qadir Nooruddin, the son in law of Shehzada Mufaddal Saifuddin, signed more than about 150 Change Reports which came to be filed in the offices of Assistant Charity Commissioners in about 20 districts on or about January 27, 2014, only 10 days after the sad demise of the 52nd Dai RA.
In Mehsana and Patan, orders have been passed by Assistant Charity Commissioners in 48 hours, in Amreli and Jamnagar within about 15-17 days of Change Reports having been filed and with a similar haste in other places. Such orders have also been passed in Gandhinagar, Bhavnagar, Junagadh, Rajkot, Dahod, Godhra and Valsad. The Hon’ble High Court has been urged to look into this gross large scale violation of the principles of natural justice and the passing of orders at such a haste without following due process by these authorities. The orders have been passed without making any inquiry and without giving any reasons.
The matter was listed for hearing today (16th April 2014) and the Hon’ble High Court of Gujarat has passed an ad-interim order restraining Shehzada Mufaddal Saifuddin, his agents and his servants from alienating, selling, transferring or dealing with in any manner the assets and properties of about 75 public trusts and 261 wakfs till the next returnable date. Order passed in Special Civil Application No. 5478 of 2014 is reproduced herein below:
“Notice returnable on 25.04.2014. Ad-interim relief in terms of paragraph no. 28(C)(ii) is granted till then. Direct service is permitted.”
His Holiness Syedna Khuzaima Qutbuddin TUS filed a declaratory suit in the Mumbai High Court on [29th March 2014] against Shehzada Mufaddal Saifuddin seeking reliefs that the Honourable Court declare him to be the 53rd Dai al-Mutlaq, and to restrain Shehzada Mufaddal Saifuddin from in any manner holding himself out as or doing any acts, deeds or things as the Dai al-Mutlaq of the Dawoodi Bohra Community. The ad-Interim application in this suit is scheduled to be heard on the 29th April 2014. This suit was filed after repeated attempts to resolve this matter internally, including by an invitation to debate this matter and establish his rightful claim based on nass conferred on him on [10th December 1965] by His Holiness Syedna Mohammed Burhanuddin Saheb RA, the 52nd Dai al-Mutlaq, following the guidance of His Holiness Syedna Taher Saifuddin RA, the 51st Dai al-Mutlaq. All the attempts made by His Holiness Syedna Khuzaima Qutbuddin TUS, have been ignored and rebuffed by Shehzada Mufaddal Saifuddin, who has made several false and contradictory claims as to how nass was performed on him.
Having faithfully served the Community with complete love, faith and respect for His Holiness Syedna Taher Saifuddin RA and His Holiness Syedna Mohammed Burhanuddin Saheb RA, His Holiness Syedna Khuzaima Qutbuddin TUS willcontinue on the true path (Siratul Mustakeem) of a spiritual and moral life that leads to salvation (Najaat) in the Hereafter (Aakherat) and to encourage the members of the community to scale heights of religious and temporal knowledge and education, to encourage the pursuit of excellence in various fields of business and professional services, and to lead a life of excellence in all fields.
To ensure that the path set by the previous Dai al-Mutlaqs is followed, and the Community is not torn asunder by false claimants, and having full faith in the Indian Judiciary, His Holiness has approached the Honourable Courts for appropriate remedies.
His Holiness Syedna Khuzaima Qutbuddin TUS believes that these recent developments are of paramount importance for the Dawoodi Bohra Community for generations to come and unless resolved completely, can also have adverse implications on the sacrosanct notions of religious freedom, rights for women and communal harmony of our great Nation.
For further Details Please Contact: firstname.lastname@example.org