Overview
From a legal perspective, the Hakimi Darga Case holds even more significance than the much celebrated Chandabhoy Galla Case. The Chandabhoy Case was binding only on the courts within the Province of Bombay. Thus issues settled there were raised once again in Burhanpur which was in the then Central Province. The final verdict was given by the Privy Council which was the final court of appeal in India at the time.
Issue of Nass on Syedna Abdulqadir Najmuddin RA
The issue of nass was a bone of contention once again. Though the Bombay High Court had given its verdict, it was re-opened and re-agitated. The Privy Council decided in favor of Syedna RA.
Issue of Community Properties:
Two mosques, two jamatkhanas, mausoleum, deewankhana and rest houses situated in Burhanpur were the properties involved in this case. The Privy Council held that Syedna RA was the sole trustee of dawat properties.
Issue of Excommunication:
The Privy Council upheld the contention of Syedna RA that he has the power to excommunicate. It accepted the accounts of witnesses that there are several historical instances where this power was exercised.
Recorded observations of the Privy Council
“At a later date, the Shia sect itself became divided into two sects, known respectively as Ismailia and Isna Ashariya. Dawoodi Bohras belong to the former sect and in common with all other members of the Ismaili sect, believe that, owing to persecution, Imam Tyyeb (the 21st Imam) went into seclusion; and that an Imam from his line will appear, it being their belief that an Imam always exists though at times he may be invisible to his believers while in seclusion; that owing to the impending seclusion of the 21st Imam (Imam Tyeb), his predecessor, the 20th Imam directed his Hujjat (a dignitary ranking next to an Imam), one Hurrat-ul-Malika, to appoint a Dai (missionary). ”
The fundamental tenets of our faith were thus fortified by the highest court of law–a judicial triumph!
Excerpts from “Overview of Judicial and Legislative Triumphs” by Abdulhusen M. Haidermota
