Sticky: Dawoodi Bohra's Succession of Dai Case in Mumbai High Court

The one and only free public forum for Bohras. The focus of this forum is the reform movement, the Dawoodi Bohra faith and, of course, the corrupt priesthood. But the discussion is in no way restricted to the Bohras alone.
way2go
Posts: 181
Joined: Thu Feb 06, 2014 10:30 pm

Re: Case filed against Shz MS in Mumbai High Court

#181

Unread post by way2go » Mon Apr 07, 2014 5:47 am

monginis wrote:Its just a norm, we all know this is not going to settle down unless third party steps in.
Monginis bhai.....
What kind of third party needs to step in???
Today apparently there was a no show from M S as he went off to Hasafir. To me, he seems to be wanting to play a game 'catching cook'!

monginis
Posts: 487
Joined: Thu Mar 20, 2014 8:00 am

Re: Case filed against Shz MS in Mumbai High Court

#182

Unread post by monginis » Mon Apr 07, 2014 5:51 am

way2go wrote:
monginis wrote:Its just a norm, we all know this is not going to settle down unless third party steps in.
Monginis bhai.....
What kind of third party needs to step in???
Today apparently there was a no show from M S as he went off to Hasafir. To me, he seems to be wanting to play a game 'catching cook'!
third party "law of land"

voice
Posts: 173
Joined: Fri Mar 27, 2009 2:08 pm

Re: Case filed against Shz MS in Mumbai High Court

#183

Unread post by voice » Mon Apr 07, 2014 6:02 am

S. Insaf wrote:The case came before Justice Kathawala on 7th April at 11 am. He advised both Mufaddal Bhaisaheb and Syedi Khuzema Qutbuddin to settle the issue by mutual consultation as it is a religious issue.

When it was put on behalf of Syedi Khuzema that he had already made that offer to Mufaddal to Debate and Decide, but he has not responded.

The Judge gave them 15 days time to debate and decide and come back to him.
Does anyone know about Justice Kathawala? Sounds like a Bohri or Parsi name?

true_bohra
Posts: 719
Joined: Mon Oct 21, 2013 4:19 am

Re: Case filed against Shz MS in Mumbai High Court

#184

Unread post by true_bohra » Mon Apr 07, 2014 6:28 am

way2go wrote:
monginis wrote:Its just a norm, we all know this is not going to settle down unless third party steps in.
Monginis bhai.....
What kind of third party needs to step in???
Today apparently there was a no show from M S as he went off to Hasafir. To me, he seems to be wanting to play a game 'catching cook'!
Did KQ make his presence in person???

humanbeing
Posts: 2195
Joined: Sun Nov 20, 2011 2:30 am

Re: Pictures of Burhanuddin's debiliated body used by Mufadd

#185

Unread post by humanbeing » Mon Apr 07, 2014 6:36 am

wahabi alert !

Certain post of his, reflects such philosophy !

ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

Re: Case filed against Shz MS in Mumbai High Court

#186

Unread post by ghulam muhammed » Mon Apr 07, 2014 7:56 am

voice wrote:Does anyone know about Justice Kathawala? Sounds like a Bohri or Parsi name?
No, he is a Gujarati Hindu and was once a senior advocate in Mumbai.

monginis
Posts: 487
Joined: Thu Mar 20, 2014 8:00 am

Re: Pictures of Burhanuddin's debiliated body used by Mufadd

#187

Unread post by monginis » Mon Apr 07, 2014 8:02 am

no he is not wahabi, 2-3 guys stationed in Mumbai (who were actually alavi bohra and now preaches zakir naik version of islam and wants bohra to join them). :wink:

ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

Re: Case filed against Shz MS in Mumbai High Court

#188

Unread post by ghulam muhammed » Mon Apr 07, 2014 8:04 am

As Bohra succession battle heads to court, support for challenger gathers steam

Many Bohra Muslims are secretly happy that the dispute over the community's spiritual leadership will now be fought in the Bombay High Court.

On Wednesday, Dawoodi Bohra Muslims around the world woke up to the news that the dispute over the spiritual leadership of the community will now play out in the Bombay High Court.

This battle, between the son of Syedna Mohammed Burhanuddin and the half-brother, has been raging ever since the ailing, 103-year-old Syedna died on January 17. Burhanuddin was the 52nd “dai al-mutlaq”, or spiritual leader, of the one-million strong sect of Shias and had held the post since 1965.

The bitter, public fight over leadership has sent shock waves through the close-knit Bohra community, which is known to be quiet and peace-loving. But many community members are in fact happy that the succession dispute will now be fought in a court of law.

According to Bohra custom, a “dai” can be appointed only when his predecessor pronounces him as the next spiritual leader. In 2011, while recovering from a stroke in a London hospital, Burhanuddin is said to have appointed his second son, Aaliqadr Mufaddal Saifuddin, as his successor. But hours after the Syedna’s death, his half-brother Khuzaima Qutbuddin, who had been the community’s “mazoon” (second-in-command to the dai) since 1965, refuted Saifuddin’s claim, declaring himself as the rightful leader. Qutbuddin claims the late Syedna had privately pronounced him as the 53rd dai back in 1965, but had asked him not to reveal this till an appropriate time.

On Tuesday, Qutbuddin filed a declaration suit in the Bombay High Court, calling his nephew’s claim “false” and seeking court intervention to prevent Saifuddin from continuing as the 53rd dai. “We have submitted documents of evidence to support Syedna Qutbuddin’s claim, including medical reports of the London hospital in 2011 that prove the late Syedna was not in a condition to speak or announce Saifuddin as his successor,” said Aziz Qutbuddin, one of Qutbuddin’s sons. The court is yet to announce a date for the first hearing.

Several community members interviewed by Scroll.in welcomed the move. “It is sad that we have to wash dirty linen in public, but the truth about the corruption in the community needs to come out,” said a Bohra from Mumbai, on the condition of anonymity.

Bohras pay hefty taxes to the religious authorities. This money has allowed the Dawoodi Bohra administration to establish numerous institutions for healthcare, housing and education around the world. But Qutbuddin has alleged that in the past two or three years, under the leadership of the late Syedna’s son, the Bohra administration has been collecting too much money from the community.

“Money is important to run various missions, but that group has made it the end and the goal of their work,” another of Qutbuddin's sons, Abdeali, had told Scroll.in in a previous interview. “My father’s vision is to bring back the legacy of good moral values and good governance that marked the leadership of the 51st and 52nd Syednas.”

A Surat-based Bohra who wished to remain anonymous because he has not overtly pledged his support for Qutbuddin also welcomed the legal development. “People are secretly happy about the High Court case because it will finally expose the corrupt practices that have been carried on by the late Syedna’s sons since the time he had fallen ill,” he noted.

He added, “Even if the court gives an interim order in favour of Syedna Qutbuddin, people will no longer be afraid to voice their views and the community will change.”

For the past two months, the Bohra community has witnessed a split in loyalties, with Saifuddin’s followers officially excommunicating Qutbuddin and supporters of the latter reporting harassment for pledging their allegiance to him. Much is at stake if this wealthy community officially splits, but for now, only a handful of Bohras have openly voiced their support for Qutbuddin.

However, covert support for Saifuddin’s ostracised uncle seems to be gathering steam. Qutbuddin’s family claims more than 500 people have visited their home in Thane in the past two months to pledge their allegiance to him. “Many of them come in disguise to hide their identities and some come in the middle of the night,” said Aziz Qutbuddin.

Those who were vocal about their support to Qutbuddin claim they have faced tremendous harassment and social ostracism. “I had to move out of my house in [the Mumbai Bohra stronghold] Bhendi Bazar because I received a number of threat calls from community members when I went to visit Syedna Qutbuddin in Thane,” said a middle-aged businessman who did not wish to be identified. He now lives in a rented flat in Thane and claims that business at his shop, situated close to the Bohra-dominated Bhendi Bazar, is down to 30 per cent from three months ago.

“But that’s not the only problem," added the businessman. "My family could not attend my father-in-law’s burial in January, because the community officials would have denied him a grave if they saw us,” added the businessman. “Two marriages in my family broke off because of the split and my friend’s son, who goes to a Bohra school, has been asked not to attend classes anymore and come straight for the exams instead.”

Spokespersons for Saifuddin and the Bohra administration could not be contacted to respond to these allegations, despite numerous attempts by Scroll.in. But Qutbuddin and his supporters hope that the High Court case – whenever the verdict is out – will prevent a split in the community.

“We have not built a separate mosque or cemetery because we don’t accept that there are now two sects,” said Aziz Qutbuddin. “The High Court case will settle the matter once and for all.”

http://scroll.in/article/as-bohra-succe ... ?id=660414

ghulam muhammed
Posts: 11653
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Re: Case filed against Shz MS in Mumbai High Court

#189

Unread post by ghulam muhammed » Mon Apr 07, 2014 8:08 am

SKQ's case is represented by M/s. DSK Legal.
SMS is represented by M/s.Mulla & Mulla.

subcon111
Posts: 36
Joined: Tue Jan 21, 2014 12:12 pm

Re: Case filed against Shz MS in Mumbai High Court

#190

Unread post by subcon111 » Mon Apr 07, 2014 8:13 am

S. Insaf wrote:The case came before Justice Kathawala on 7th April at 11 am. He advised both Mufaddal Bhaisaheb and Syedi Khuzema Qutbuddin to settle the issue by mutual consultation as it is a religious issue.

When it was put on behalf of Syedi Khuzema that he had already made that offer to Mufaddal to Debate and Decide, but he has not responded.

The Judge gave them 15 days time to debate and decide and come back to him.
Any confirmation as to who are the lawyers representing each side?

monginis
Posts: 487
Joined: Thu Mar 20, 2014 8:00 am

Re: Case filed against Shz MS in Mumbai High Court

#191

Unread post by monginis » Mon Apr 07, 2014 8:14 am

ghulam muhammed wrote:SKQ's case is represented by M/s. DSK Legal.
SMS is represented by M/s.Mulla & Mulla.
I am fairly sure they are high profile advocates, can you please let us know their background and examples they have struggled in the past?

salaar
Posts: 635
Joined: Sun Mar 02, 2014 8:36 am

Re: Pictures of Burhanuddin's debiliated body used by Mufadd

#192

Unread post by salaar » Mon Apr 07, 2014 8:55 am

bro SBM i tell you something, on the day when we recieve the whatsup message from SKQ about the claim i was sitting in niaz thaal, some people started abusing mazoon sahib, Allah knows it was only me who stood in defence and said that in our shariat one is not allowed to call names or use abusive language for personalities who later changed their direction or the families of imams a.s even those who are not in the list of ismailies, however nobody liked my idea of respects, but i tell you whatever is going on between us we will sort it out one way or the other but we should not let people who are followers of other sects take advantage of this unfortunate situation and make fun of both the sides we should recognize such snakes in our ranks.

humanbeing
Posts: 2195
Joined: Sun Nov 20, 2011 2:30 am

Re: Case filed against Shz MS in Mumbai High Court

#193

Unread post by humanbeing » Mon Apr 07, 2014 9:10 am

Interesting Connections !!
ghulam muhammed wrote: The Game of MONEY and POWER is always played in its own Unique way and Saifee Mahal is a prime example. The head of the so called "Royals" who claims to be a spiritual head has always ensured that these 'duniyawi daulat" remains within its four walls and any attempt to snatch it is vigorously resisted. There is a strict rule that none of their siblings should marry any outsider lest he/she becomes its claimant. Even their second rung office Badri Mahal is a taboo which can be seen in the late mukasir's son getting married to a zaadi resulting in he being forced to live separately at badri mahal as his wife refused to leave the comforts of saifee mahal. The poor man was very mentally disturbed due to which he spent most of his time at radio club and ultimately had a silent death. There are many such cases but let us focus on mazun who in all probability was duped and dumped royally by the dai's family by involving him in this tangle of relationships.

To make it simpler let us see the below mentioned "Jig Saw Puzzle" :-

1. Mazun's eldest daughter Safia was married to MUFFY MOLA but ultimately divorced after some time. (Wonder how the ghaib na jankar didnt get the ilhm that his own son's marriage is going to fail).
2. Mazun's another daughter Taiyyaba is married to the dai's son Qusai (she is the 2nd wife).
3. Mazun's another daughter is married to MUFFY MOLA'S son.

Now this makes mazun...... the father-in-law as well as the sambdhi of Muffy as well the sambdhi of the dai. This also makes Safia the mother-in-law of her own sister and Taiyyaba becomes her own sister's kaki sasu (aunty) and Muffy's devrani. Muffy's saali is thus married to his own son so Muffy is her jijaji as well as sasraji. We can extend this jig saw puzzle even further but it seems that this small synopsis is enough for anyone to split his hair.

If the above situation takes place in an average bohra's family then he would be looked down upon but in case of these so called 'royals', abdes will sum it up as "Aaa to hikmat ni waato chhe" and "Su nirali shaan chhe". They will refuse to accept the fact that it is nothing but a game of money and power.

This also explains the reasons behind mazun being reduced to a mere silent spectator as the famous gujarati saying goes, "hoth bhi apna ane daat bhi apna".


subcon111
Posts: 36
Joined: Tue Jan 21, 2014 12:12 pm

Re: Case filed against Shz MS in Mumbai High Court

#195

Unread post by subcon111 » Mon Apr 07, 2014 10:44 am

Does anyone know the reason for the recusal? Isn't this usually when there is a perceived conflict of interest between the judge and either party?

adna_mumin
Posts: 193
Joined: Fri Feb 07, 2014 3:43 pm

Re: Case filed against Shz MS in Mumbai High Court

#196

Unread post by adna_mumin » Mon Apr 07, 2014 10:53 am

subcon111 wrote:
Does anyone know the reason for the recusal? Isn't this usually when there is a perceived conflict of interest between the judge and either party?
Apparently the judge has appeared for one of Daawat cases in the past on behalf of Syedna RA.

phdguy
Posts: 39
Joined: Thu Apr 03, 2014 10:46 am

Re: Pictures of Burhanuddin's debiliated body used by Mufadd

#197

Unread post by phdguy » Mon Apr 07, 2014 10:55 am

bro salar why to differentiate between Muslims too? And why do we need to remain in bohra fold inspite of knowing how wrong it is. Always remember Allah swt tests every person for his faith and presents him the true faith and the person chooses to reject it favoring their age old traditions preferring their forefathers deen.

And I feel you are assuming double standard here by calling some people of other sect as snake?

salaar
Posts: 635
Joined: Sun Mar 02, 2014 8:36 am

Re: Pictures of Burhanuddin's debiliated body used by Mufadd

#198

Unread post by salaar » Mon Apr 07, 2014 11:42 am

by the way are you on any tableeghi mission as i see there is nothing that you believe in the bohra doctrine then i dont understand why are you on this forum or have you been appointed by somebody like zakir to take advantage of the community tussle.

next_generation2014
Posts: 66
Joined: Sun Apr 06, 2014 4:37 am

Re: Case filed against Shz MS in Mumbai High Court

#199

Unread post by next_generation2014 » Mon Apr 07, 2014 12:13 pm

Does SKQ has the footage of hospital when 52 dai RA was suffering from stroke ?
What about all properties like devri, mosque, musafarkhana etc if SKQ win the case?
If SKQ win then can SKQ file another case of Defamation(Manhani) to Shz MS for allowing to speak laanat for 20 days after Saydna RA's death?

phdguy
Posts: 39
Joined: Thu Apr 03, 2014 10:46 am

Re: Pictures of Burhanuddin's debiliated body used by Mufadd

#200

Unread post by phdguy » Mon Apr 07, 2014 12:23 pm

Yes I dont believe in Bohra doctrine anymore but I like Bohra people very much and feel that they dont deserve this. They deserve the best. And Pure Islam based on Quran and Sunnah is the solution.

subcon111
Posts: 36
Joined: Tue Jan 21, 2014 12:12 pm

Re: Case filed against Shz MS in Mumbai High Court

#201

Unread post by subcon111 » Mon Apr 07, 2014 12:27 pm

adna_mumin wrote:
subcon111 wrote: Does anyone know the reason for the recusal? Isn't this usually when there is a perceived conflict of interest between the judge and either party?
Apparently the judge has appeared for one of Daawat cases in the past on behalf of Syedna RA.
Aaje Saife Mahal, Badri Mahal and beeji badhu baju khushi, khushi hase. Itni ke jem case already jheeti gaya chhe. Maula Mufaddal ni shu shaan chhe. Judge pan case samalvathi bachho hati gayo.

Akhtiar Wahid
Posts: 804
Joined: Mon Mar 08, 2010 9:22 am

Re: Case filed against Shz MS in Mumbai High Court

#202

Unread post by Akhtiar Wahid » Mon Apr 07, 2014 12:42 pm

Su che aa su che kakaji no case che....judge kaun che.....Paisa kitla manga che....su che mamluk ne saathawey che su che su che....Paisa khalaido judge ne....aur 100 ziyafat book karai lo.....BHAI SU CHE!

way2go
Posts: 181
Joined: Thu Feb 06, 2014 10:30 pm

Re: Case filed against Shz MS in Mumbai High Court

#203

Unread post by way2go » Mon Apr 07, 2014 1:04 pm

ghulam muhammed wrote:
voice wrote:Does anyone know about Justice Kathawala? Sounds like a Bohri or Parsi name?
No, he is a Gujarati Hindu and was once a senior advocate in Mumbai.
No GM bhai.. Justice Shahrukh Jimmy Kathawala is a parsi.

voice
Posts: 173
Joined: Fri Mar 27, 2009 2:08 pm

Re: Case filed against Shz MS in Mumbai High Court

#204

Unread post by voice » Mon Apr 07, 2014 2:31 pm

Two conflicting reports,
1)
S. Insaf wrote:The case came before Justice Kathawala on 7th April at 11 am. He advised both Mufaddal Bhaisaheb and Syedi Khuzema Qutbuddin to settle the issue by mutual consultation as it is a religious issue.

When it was put on behalf of Syedi Khuzema that he had already made that offer to Mufaddal to Debate and Decide, but he has not responded.

The Judge gave them 15 days time to debate and decide and come back to him.
2)

ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#205

Unread post by ghulam muhammed » Mon Apr 07, 2014 6:02 pm

The mere mention of the judge recusing himself from the case was doing hectic rounds on bohra watsup followed by Naara of Mufaddal Mola Zindabad !! It was like celebrating "Fateh Mubin" for them. These dumb abdes didn't even read the whole article and the reasons for the judge opting to stay away from the case. If only had the abdes read the full article they would have realised that the reason given by the learned judge was that he had appeared earlier on behalf of Taher Saifuddin saab as an advocate hence it could amount to conflict of interest, there are scores of cases wherein judges have preferred to stay away from as the petitioners/respondents were once represented by them.

Anyways, the learned judge has posted the case for next hearing after 15 days after SMS side requested for another date and that too after a month, the judge then said 1 week only but afterwards it was kept after 2 weeks.

ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#206

Unread post by ghulam muhammed » Mon Apr 07, 2014 6:20 pm

way2go wrote:No GM bhai.. Justice Shahrukh Jimmy Kathawala is a parsi.
Yes, you are right.

salsabeel
Posts: 51
Joined: Thu Jan 30, 2014 2:38 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#207

Unread post by salsabeel » Mon Apr 07, 2014 8:14 pm

The mullah and mullah law firm representing SMS wanted to keep Kathawala because he had worked under employment of Mulla and Mulla. But the judge offered to recuse, as any sensible judge should, and SKQ lawyers Anand Desai and company accepted the recusal because now they have judge who cannot be biased due to his history.
What i hear is that, regardless of mumeneen bieng informed to remain blind to everything, and regardless of the fact they are showing happiness due to fateh mubin due to 'recusal' SMS and party are very tense. they are finding themselves getting more and more entangled in there lies. And thus they are trying to take off things from the net that might implicate them further. they took of their whole london nass story from their wikipedia site.....

Crater Lake
Posts: 362
Joined: Thu Mar 20, 2014 10:46 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#208

Unread post by Crater Lake » Mon Apr 07, 2014 9:15 pm

Let's see if we get an answer from the resident abdes on this one: Was nass conferred by Syedna Mohammed Burhanuddin (RA) on Mufaddal Bhaisaheb Saifuddin on Saturday, June 4th, 2011 (3rd Rajjab-al-Assab 1432 H) in the London hospital?

Salaar, James (who has recently been quiet) zinger, anyone? Are you all going to remain quiet now per farman, lest you slip up and add to the big ol' spaghetti bowl of lies created by your bosses?! Or are you going to repeat the tall claims you have been making for the last 3 years?

voice
Posts: 173
Joined: Fri Mar 27, 2009 2:08 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#209

Unread post by voice » Mon Apr 07, 2014 11:08 pm

ghulam muhammed wrote:
Anyways, the learned judge has posted the case for next hearing after 15 days after SMS side requested for another date and that too after a month, the judge then said 1 week only but afterwards it was kept after 2 weeks.
SMS side wants to delay the proceedings and take advantage of time. This point itself is clear indication of there strategy. It should be highlighted to expose liars.

monginis
Posts: 487
Joined: Thu Mar 20, 2014 8:00 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#210

Unread post by monginis » Mon Apr 07, 2014 11:24 pm

So it is crystal clean, all tall claims of London news were fake and lie, so we all know Muffy can lie (actually we all experienced this)

Even judge should see at this important point, that a mortal who can lie about such important event, he can lie close to anything.

In that respect is also a video of waez where he is letting the cat out of the bag about the London event himself, hence no matter, he deletes Wikipedia, his recorded bayan can be employed against him.