Video of Dai reiterating nass on defendant at public event played in court

Mumbai: Defendant Syedna Mufaddal Saifuddin’s counsel Janak Dwarkadas on Friday concluded recounting the events of June 4, 2011 at Cromwell Hospital, London, and informed the Bombay high court that the nass bestowed on the defendant by the 52nd Dai had been sufficiently proved through the depositions of defence witnesses, audio and video recordings of the event and the events thereafter.

Justice Gautam Patel was informed that after the Dai urged his sons to inform everyone about the nass, Shehzada Qaid Johar called his brother Shehzada Malekul Ashtar in Houston. Ashtar, during his examination, had said that he had announced the nass in the sermon he gave on the death anniversary of the 37th Dai, and had also told the community about the 2005 nass in which both brothers were the only witnesses. Dwarkadas reiterated that video clips of the sermon had also been submitted to the court.

Dwarkadas then referred to the Deed of Affirmation and the Power of Attorney prepared in 2012 and 2013, which bore the thumb impression of the 52nd Dai, which the plaintiff had doubted. The senior counsel submitted that the administrator of Saifee Hospital had issued a certificate stating that the ailing leader was not in a position to sign, and could only affix his thumb impression.

Dwarkadas said that though the documents had been prepared in the presence of government officials, the plaintiff had contended that they were prepared fraudulently by using influence. He also stated that based on the certificate issued by Saifee Hospital, the plaintiff had concluded that the 52nd Dai did not have the mental or physical capacity to take any decision, but that was not the case.

The counsel then referred to the direct evidence of Nooruddin who had stated that at the time of preparing the first document at Saifee Mahal, the 52nd Dai’s hand was not steady and hence he had affixed his thumb impression in the presence of witnesses. In the second instance, the contents of the document were read out by Shehzada Qaid Johar to the Dai, after which he put his thumb impression. This was done to enable the defendant to carry out community activities which were otherwise the prerogative of the 52nd Dai.

Based on these submissions, Dwarkadas informed the bench that the June 4, 2011 nass was sufficiently proved, and the burden of disproving it was now on the plaintiff.

The counsel then referred to the June 20, 2011 event at Raudat Tahera where the 52nd Dai was brought in an ambulance from Saifee Hospital. An abridged version of the video was played to show that the Dai had reiterated the nass on the defendant. As the leader’s voice was not clear, Dwarkadas requested the bench to rely on the transcripts by Dr Moiz Nooruddin. He, however, did rely on two portions of the video wherein the leader was heard saying ‘Mufaddal bhai ne nass nu taaj’ to show that the conferment of nass was reiterated at the event as well.