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

[fustrate_Bohra]

Just recd below msg frm whatsapp

Khuda Mufaddal Aqa tus ne qayamat na din lag sehhat kaamela na malabis faakhera ma baaqi baaqi ane baaqi raakhey.
Khuda ye hamara Mola tus ne Gujrat high court na case ma fateh mubeen ataa kid che.
Gujrat high court ye Dawedaar no case interim order reject kari dido che.
Recvd aboce msg from shiate ali mems
Shafahi Imtihan raudat tahera na sehen ma thasey insh

[alam]

People on both sides of the aisle need to realize that there are no victories and defeats, - only steps and milestones for SKQ or SMS. This case is going all the way to Supreme court, unless the two sides both agree on something out of court jurisdictions. So far, SMS camp has rejected SKQ's overtures on the dialogue process. unless that changes, or they both agree to Mediation, fasten your seatbelts for a wild ride for a very very long time while the Indian and international courts come to any settlement.

In the meanwhile, the losers are pretty clear: . It is the ordinary innocent people caught in the middle of this.

The winners are also quite clear: it is the self-righteous folks from both SKQ and SMS camp for whom the court case doesn't really matter, and a few others who don't give a hoot one way or the other about who is Dai.

My observation and deduction is that the majority of the 1.2 million bohras are in the ordinary innocent people category. They are going to be suffering for a very long time.

The reform movement seems to have come to a standstill, except for one vital and vibrant factor - this Forum that enables expression of opinion. it appears that this is one of the main tools for voicing dissent in the society and cult that suppresses freedom of speech and freedom of practicing your faith without fear of persecution.

May this forum stay alive and well, AAMEEN.

[ghulam muhammed]

This forum is being quoted at many places :-

DAWOODI BOHRAS: Fears Of Ugly Legal Battle

MUMBAI: The fight for the post of Head priesthood has now reached in the corridors of Bombay High Court and common dawoodi bohras are feeling that this legal battle will be benefitial only for lawyers , whose bank balance will rise , but the community will feel the bitterness of ugly legal battle .Such apprehensions are being discussed on social media by the members of relatively highly educated dawoodi bohra muslim community .Some of such views expressed on social media are as follows :

By Mazakyo

Bhaio ane Behno. No need to get excited. Nothing is going to come out of it. Lawyers will make money from both sides. SMS side is fully loaded and will spend tons of money to ensure that no judgement is passed against SMS. The court will be unable to give a clear verdict and things will stay as it is. Lets accept the fact. A split in the community has occurred and such splits occurred in the past (remember Sulaimanis, Alavis, Hibtias, 48ers, etc). What happened? They are living their lives under their leadership and the Dawoodis under their own Syedna. Those following SMS and SKQ will continue to do so and accept them as their leader. And then there is a section of the community who does care less who is the leader.
As for some of the Progressives, the split is vindication for them that the SMB (and now SMS) guys were on the wrong. And they are enjoying the tamasha. For another section among Progressives, they are wishfully thinking that SKQ will win and things will become the way they want.
All this stuff is good for gossip and message boards and will continue. So sit down and enjoy and remember don’t get excited.



Nafisa wrote:

Mufaddalis are trying to manipulate the evidences. London Hospital record, CCTV footage, Doctors record, medical reports and all circumstances evidences are very important to judge the health status of Syedna Burhanuddin. It is next to impossible to prove in the court that SMB conferred Nass in hospital,while suffering with serious health problem. I hope Legal consultants of SKQ have already obtained required reports from London hospital.
Team of Mufaddal Saifuddin’s Lawyers are enjoying London visit, It consisted of Kutharis and Jamea clergy. Dr. Q.J and Dr. Moiz are head of the Mufaddali legal team. Jafar us Sadiq is also trying to expend his position equal to his grandfather Y.N through this case.

http://bhindibazaar.asia/dawoodi-bohras ... al-battle/

[ghulam muhammed]

Bro Invictious,

Your apprehensions regarding the court not being in a position to interfere in this case seems to be untrue because if that was the case then the court would not have admitted SKQ's petitions at all and would have dismissed the case in the first hearing itself ! Correct me if Iam wrong.

Relevant to the above topic :-

Dawoodi Bohra Conflict : 1931 HC Verdict By Justice Tyebji

MUMBAI : The records and documents reveal that there had been many cases filed in the Bombay High court in relation to various conflicts involving dawoodi Bohra sect and priests .The following is one land mark verdict by Justice TYEBJI , a Bohra himself , in a matter filed by Akbarally Peerbhoy against Mohammedally Peerbhoy .In this case in 1931 .The subject of the case was Mullaji Saheb’s ( as the verdict had refered to Dawoodi Bohra Head Priest ) control and powers in the community. The details of this verdict is as follows :

Bombay High Court

Akbarally A. Adamji Peerbhoy vs Mahomedally Adamji Peerbhoy on 16 June, 1931

Equivalent citations: (1932) 34 BOMLR 655

Author: Tyabji

Bench: Tyabji

http://bhindibazaar.asia/dawoodi-bohra- ... ce-tyebji/

[Truth-Prevails]

This is the order passed by the appeal bench yesterday at Gujarat High Court - from the website

HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE MR.JUSTICE MOHINDER PAL
Date : 22/04/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
After the matters are heard for some time, on consent being given by the
learned Senior advocates Mr. Mihir Thakore and Mr. S.N. Soparkar for the
respective parties, the ad-interim relief granted by the learned Single Judge on
16th April 2014 is hereby vacated.
Learned Single Judge is requested to hear all these matters peremptorily
on 25th April 2014, for which the learned senior advocates appearing for the
parties before this court have assured that they will extend full cooperation to the
learned Single Judge. All the Letters Patent Appeals stand disposed of along
with the Civil Applications.
(RAVI R.TRIPATHI, J.)
(MOHINDER PAL, J.)

[monginis]

http://fatemidawatlegal.com/

[Akhtiar Wahid]

this sheepish Muffadali Fake bohras, are doing fateh mubin rounds on whatsapp, Dawedar hari gayo, meanwhile in sidhpur Muffadal is crossing railway tracks illegaly!

[maddy]

Just rcvd
Can Anyone Confirm this ???


A right to information activist (RTI) Manoranjan Roy has complained against Maharashtra state government for giving state funeral with police honour, covering dead body with national flag of one-million strong Dawoodi Bohra community’s 52ndspiritual head, Syedna Mohammed Burhanuddin. Roy has threatened that if government failed to take appropriate action on responsible person, he will be left with no option, but to knock the door of High Court.
Syedna, 102, passed away on January 17, 2014 around 2.30am after a heart attack in Saify Mahal (his house in Malabar Hill). He was buried on January 18 in the renowned Raudat Tahera, the mausoleum which has the Syedna’s father’s Syedna Taher Saifuddin’s tomb, in Bhendi Bazaar area of South Mumbai which is community-dominated. At least 70,000 mourners-across 40 countries-attended the funeral of their spiritual leader. According to Roy he saw on television that Burhanuddin’s dead body was covered with national flag and was given state funeral with police honour. On January 20, 2014 Roy filed an RTI application (copy with ABI) in Public Information Officer (PIO) in Chief Minister and Chief Secretary’s office, Mantralaya, Mumbai. Roy demanded copy of permission given to cover the dead body of Burhanuddin with national flag.
On January 24, PIO replied (copy available with ABI) that matter does not relate to his office. Hence his office has forwarded application to concerned department.
“As per my knowledge Burhanuddin other than only being a spiritual leader of a particular community and he had no other achievement of eminence, nor had he done nothing for the nation. Then why he was given state funeral with police honor? I was shocked. I decided to know the facts,” said Roy.
On Feburary18, 2014 general administration (protocol) department replied (copy available with ABI) that on January 17, deputy secretary, Ajay Ambekar has informed in writing to Commissioner of police, Mumbai that state government has decided to accord state funeral with police honour to Sydneha. Ambekar has also forwarded order copy to the secretary of the governor, Raj Bhavan, The additional Chief Secretary to the Chief Minister, Mantralaya, The Secretary to the deputy Chief Minister, Mantralaya and The Collector, Mumbai.
The activist found that the reply given to him is not on an official Letterhead as the national emblem is not displayed on it, and has two mistakes , Firstly January 18 ,was a Saturday and Ambekar has wrongly mentioned it as Tuesday.
The second error is – Ambekar states that state government’s decision copy was already sent to Additional Chief Secretary’s office but, earlier PIO replied that the matter does not relate to Additional Chief Secretary’s office and he had passed on the query to the concerned department. Then what is the truth?
On February 24, Roy complained (copy available with ABI) to Pranab Mukherjee, President of India, Sushil Shinde, Central Home Minister, Governor of Maharashtra and Chief Minister of Maharashtra demanding action on responsible person. Roy has threatened that if authorities failed to take action in 30 days, he will file suit in Bombay High Court.
State funerals have long been an honour reserved for those holding constitutional posts, besides ex-prime ministers and ex-presidents. If proved that proper procedures were not followed in conferring state funeral to Sydnea, the policy will be termed as discriminatory and will be termed as appeasement policy by many.
This would not only result in more and more community leaders asking for state funeral for their religion guru’s but would dilute the sanctity attached to the honour.
Community Speaks
“What can I say (comment) on this. Ask them (government) who has awarded the honour. Our guru (Syedna) was Ambassador of peace. Not even Hindustan he also visited abroad for Aman-Shanti (peace) especially United Nation. He has done lots of work for social, education, health and our community. Saifee hospital in Charni Road and Bhindi Bazar redevelopment projects are their example,” said Burhanuddin’s media associate, Shaikh Qureish Raghib.

[fustrate_Bohra]

Yes, its True

Source: http://abinet.org/state-honours-tricolo ... -what-for/

[ghulam muhammed]

Gujarat High Court Petitions

April 25th, 2014 by admin


The matters were listed for hearing today. The Advocate appearing for Shehzada Mufaddal Saifuddin sought time to file a reply. The matters have been adjourned to 5.5.2014.

http://fatemidawatlegal.com/

[monginis]

bus ab ye natak chalta hi rahengaa....

INDIAN courts are most absurd in whole world.

why can't judge ask that muffy idiot advocate to prepare reply in given time?

as sunny deol says tarikh pe tarikh tarikh pe tarikh

https://www.youtube.com/watch?v=VuqVpLu5nds

[monginis]

I hope someone shows this reaction on next TARIKH PE TARIKH

https://www.youtube.com/watch?v=ayd-ibBPWV8

[adna_mumin]

Case updates.

7.4.2014 - Our advocates applied to the Hon'ble Bombay High Court for ad-interim reliefs. His Lordship Mr. Justice S.J.Kathawala recused himself as he had appeared on some occasions while in practise for the 52nd Dai al-Mutlaq.

8.4.2014 - Our advocates applied before Mr. Justice Gautam S. Patel of the Hon'ble Bombay High Court for ad-interim reliefs. The Defendant's advocate sought time to file a reply. His Lordship gave the Defendant time till April 22, 2014 to file a reply, and the matter will be listed on April 29, 2014 for hearing our application for ad-interm reliefs.

So the reply in Bombay HC must have been filed today, all set for next week hearing on the 29th. Any confirmations anyone?

The first real hearing of this particular case tomorrow. Should be interesting to know the reply that was filed as this will certainly have to be a non-emotional no nonsense take from them. Will the reply be made available for public at this point?

[Akhtiar Wahid]

So the reply in Bombay HC must have been filed today, all set for next week hearing on the 29th. Any confirmations anyone?

The first real hearing of this particular case tomorrow. Should be interesting to know the reply that was filed as this will certainly have to be a non-emotional no nonsense take from them. Will the reply be made available for public at this point?

Since the day i saw the legal update saying that the date has been extended or postponed, i realized in my mind that this case is a dud. Nothing workable or productive is going to come out anytime soon. Muffadal is going to spend crazy to keep his noose tight over the bohras. he cannot bear the sight of loss or disgrace. He will go to the lowest lows and make abde folds his worshipers always.
SKQ sahib has to get along, he cannot fight a mighty zealous empire of Muffadal (Yazeed), He has to take the bitter pill and lay this matter and should go ahead with what he has.

[trvoice]

Since the day i saw the legal update saying that the date has been extended or postponed, i realized in my mind that this case is a dud. Nothing workable or productive is going to come out anytime soon. Muffadal is going to spend crazy to keep his noose tight over the bohras. he cannot bear the sight of loss or disgrace. He will go to the lowest lows and make abde folds his worshipers always.
SKQ sahib has to get along, he cannot fight a mighty zealous empire of Muffadal (Yazeed), He has to take the bitter pill and lay this matter and should go ahead with what he has.

Thats just in India or Pakistan. MS does not have any grip outside of that, but yes its a long and uphill war. And I think SKQ has not given up in 50 years why do you think he will give up in a few days or even months ? 50 years my friend 50 years, its too long and I salute his patience.

[alam]

The Dawate Hadiyah bureaucracy under SMS fold is on its way to self- destruction. The court process is just one thing. The "reform" movement is already installed in the tiniest of crevices in the hearts and souls of Bohras of all colors and shapes. One vital aspect of the core essence of the reform movement is really the exercise of judgement, intelligence, in the face of a Tsunami of systematic mind control.

Nothing is visible right now, the reform is not a revolution yet. Could turn into one any time.

Regardless, they (the forces of oppression and manipulation) are quite helpless in the face of people speaking out, speaking up, writing blogs. Counter points and counter arguments are a good thing.

[salaar]

bohras esp the new generation read these articles some even without the consent of their elders, they are influenced to different degrees and this reading sows into them the seed for a rebellion in their hearts but i see lack of direction here and mostly repetition however yes something is better then nothing, there maybe many (about which iam quiet certain) around me reading and believing on reforms but everybody is tight lipped nobody wants to admit about what they have now started believing, fearing reactions from the community and unless there is a coordination this murmur will never turn into a roar.

[Akhtiar Wahid]

The problem is the graduated Jamea students, they come around and give a twisted answers to all the queries, they take names of certain books and contexts and continue brainwashing the youth. They themselves are brainwashed and spreading what YN had sowed into them through his elected ustaads.
The only revolt can occur when few jamea students rebel against these tyrants, people will start thinking and asking how can a student of jamea come up with such a compulsion against the system. Common bohra cannot do anything, as they say " Loha hi lohey ko kaath sakta hain". We just need someone or some element to heat up this Iron rod of power.
As of now the only person and the rightful successor SKQ saheb can be the power of change and we need some influenced jamea Alumni to support him.

[salaar]

have you forgotten about the 4 jamia ustaads and who can have a better understanding of jamia curriculum then the mazoon e dawat inspite of that there is hardly any visible cracks in the fortress walls

[ghulam muhammed]

Winners Have Dreams : Losers Have Schemes

-- Anonymous.

[AgnosticIndian]

Hahaha message from ITS

Aawti kaale 11 AM (IST) si 1PM (IST) lag sagla mumineen doa parhwaama
tasbeeh karwaama mashghool rahe.Jaha mazaar hoi waha mumineen ziarat
waaste haazir thaai.

No reason posted for going this but I think its because there is the hearing today.

[Maqbool]

No reason posted for going this but I think its because there is the hearing today.

Yes that is the reason. they have not mentioned because they might have reformed. It is open to all to pray for the victory of any one moula.

[way2go]

Case Update...
Matter adjourned to 16th June 2014 . No ad interim reliefs have been granted at this stage . Ad interim will be considered on the same day of the final hearing on 16th June.

[qutub_mamajiwala]

this msg is not coz of hearing, but coz of eclipse which is today

[AgnosticIndian]

Case Update...
Matter adjourned to 16th June 2014 . No ad interim reliefs have been granted at this stage . Ad interim will be considered on the same day of the final hearing on 16th June.

Since to injunction yet till matter is taken up on 16th May, its Fateh Mubeen for MS!

By the way what was the reason for the adjournment? MS side not ready to file reply?

[jungle999]

Another adjournment it looks like kq lawers are not that very clever.IF kq wants to win then lawers should put there foot down regarding the adjournment.I Know indian courts are not that easy.but Thats what m/s whats oanther adjournment after onther adjournment so that he has time to rob poor bohras and laughing all the way to the bank . so know sq lawers should wake up.I respect what sq is doing

[maddy]

Just Rcvd..........................


Abdul gavi ye judge ne em kidu ke aa logo hamne RAUDAT TAHERA . SAIFI MASJID. SAIFI MAHAL nai aava deta . To judge ye ehne kahyu ke ye maru look out nathi. Ye tamara community ni waat che . Tame je case kidu che ehna vaste mane teen (3) proof joyye che: 1-tamara dawat ma em hoi ke MAZUN aj DAE bane ane em warso si thatu aayu hoi ? 2-burhanuddin mola r.a likhi ne gaya hou tamara naam c ke mara pachi tame dae cho? 3-burhanuddin mola r.a ye tamara par ZAHERAN nass kidu hoi logo na darmiyan? Aa 3 proof 15th June 2014 lag HARAM KHORO NE lava na che sabit karwa ne to CASE file thase waha lag case kai bhi nathi .koi filing bhi nathi ane jaha lag mane khabr che mufaddal saifuddin aqa taraf c faqt 3 page submit thaya hata. Ane biju em ke MUMBAI na kitnak mumeneen mukleseen aaje court na bahar jama thai gaya ane arz kidi ke pura area ane court ne mumeneen c bhari dayye to mola ma arz thai to mola ye farmayu ke ek pan mumen waha na jai . Khuda fate yabi apse.

[AgnosticIndian]

Just Rcvd..........................


Abdul gavi ye judge ne em kidu ke aa logo hamne RAUDAT TAHERA . SAIFI MASJID. SAIFI MAHAL nai aava deta . To judge ye ehne kahyu ke ye maru look out nathi. Ye tamara community ni waat che . Tame je case kidu che ehna vaste mane teen (3) proof joyye che: 1-tamara dawat ma em hoi ke MAZUN aj DAE bane ane em warso si thatu aayu hoi ? 2-burhanuddin mola r.a likhi ne gaya hou tamara naam c ke mara pachi tame dae cho? 3-burhanuddin mola r.a ye tamara par ZAHERAN nass kidu hoi logo na darmiyan? Aa 3 proof 15th June 2014 lag HARAM KHORO NE lava na che sabit karwa ne to CASE file thase waha lag case kai bhi nathi .koi filing bhi nathi ane jaha lag mane khabr che mufaddal saifuddin aqa taraf c faqt 3 page submit thaya hata. Ane biju em ke MUMBAI na kitnak mumeneen mukleseen aaje court na bahar jama thai gaya ane arz kidi ke pura area ane court ne mumeneen c bhari dayye to mola ma arz thai to mola ye farmayu ke ek pan mumen waha na jai . Khuda fate yabi apse.

Judge cannot set conditions of what constitutes evidence. Case is built by lawyers as well based on circumstantial evidence. The three conditions set by judge will disqualify MS even if all evidence is examined. Zahir Nass is inaudible, his letter is a hoax and can be proved by forensic examination & its not necessary for the son only to be Dai. SMB was a Mazoon before he became Dai.

This black and white conditions cannot be set.

[AgnosticIndian]

I cannot believe that with eminent Jurist in KQ camp, the case will be out up weak.

Anyways this case will go for a long time. I already see it go to the Supreme Court

[Akhtiar Wahid]

SKQ sahib has done a great job by putting up this succession case in the high court. Muffadal and cronies are all tensed and anxious of what court will do and how they will pass the judgement. This matter will open a lot of hidden secrets of this royal inbred family of STS (RA)
what bohras believed to be sacred and unknown would be out there in the world to see, that how some people in the name of religion have greed and hunger for monetary and materialistic things.
Muffadal is collecting fakhir najwas from poor majdoors also nowdays. He has become a first class with third class attitude beggar.
He is doing crazy stunts like crossing Railway crossing illegally, making people drink his bad dua phoonk nu paani, he is very peculiar about making rotis (Future Bohra bakeries), Qaid Joker is busy joking away in UK with his loot, YN sons are with Muffadal 24/7 participating in the loot and looking like a pact of fat and healthy Hyenas.
I remember a dialogue from Actor Raj kumar " Jaani jiske ghar sheeshay ke ho woh patthar nahee feka kartey".