Mumbai: Justice Gautam Patel on Wednesday asked both feuding parties in the Bohra community succession case to come to a consensus on the issue of nass (nomination of successor by leader), which is the bone of contention between the claimant Sayedna Taher Fakhruddin and Sayedna Mufaddal Saifuddin — son of the 52nd spiritual leader of the Bohra community, Sayedna Moha-mmad Burhanuddin.
Even as Fakhruddin’s cross-examination continued, Justice Patel said that unless the two parties came to a consensus on whether a doctrine had been established with regard to nass, the case would go on till he retired. The succession feud is now in its fourth year.
The suit, which was initiated soon after the demise of Burhanuddin in 2014, began with senior counsel Iqbal Chagla for Saifuddin asking Fakhruddin whether he believed that nass was a private communication between the existing leader and his heir, or required any witnesses. In reply to the advocate Chagla’s question, Fakh-ruddin said that nass was done privately between the two and there were no witnesses.
The question sought to ascertain whether after such a nass, it was assumed to be a doctrine followed by successive leaders. The question also gained importance as Fakhruddin’s father, Khuzaima Qutbuddin, claimed that he had been appointed as successor by Burhanuddin in a private meeting without witnesses soon after Burhanud-din took on the mantle of the 52nd spiritual leader of the community.
