DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.4646#0093
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93
The Judge : Unless I see it is proved that the Khojas were
Sunis and not Shias, I must leave the whole matter to the Jamat.
And assuming that there is a failure of proof of what appeal's to be
the necessary foundation of the Plaintiffs' case, at least so far as regards
the 5th paragraph of the prayer, I do not see how, in the absence of
the necessary evidence, the Court can do what it is asked to do in
that paragraph.
Mr. Howard : I will now read the letter from the Bhooj Jamat
in answer to the communication sent by the Plaintiffs. (Mr. Howard
read the letter in which the Bhooj Jamat said, " We are upon the
right side, but should his Lordship Aga Khan ask for the signatures,
we are ready to give them, 1000 times a day. Whatever order.comes
from him we are bound to obey.")
The Judge : Well that is a very decided letter ; at any rate there
can be no mistake about that.
Mr. Howard : Yes, and it shows how strong the feeling of respect
for the Aga was, among the Khojas unconnected with Bombay.
The Judge : Is Bhooj the original country of the Khojas 1
Mr. Howard : Yes, Mr. Anstey himself said so in his opening
speech, and if your Lordship recollects, Allarukia Coorjee confirmed
the statement.
The Judge : About what time was it when Pir Mohamed Sha,
referred to in this letter, " attained Paradise 1"
Mr. Howard : He was buried in the Durga about 30 years ago.
With reference to the attempt made to put Aga Khan in the witness
box ; that was meant, and would in fact have been, a very great out-
rage to his feelings ; and we know from the attitude of the Plaintiffs
in this suit, and jwrticularly from the speech of Mr. Anstey, what
sort of forbearance would have been extended to the Aga in the
witness box. And here I nlay say that a most painful impression
was produced on the minds of the defendants, who have their religious
feelings as well as Christians, by the jocular allusion of Mr. Anstey
to one of the twelve Imams. It was very improper in a Court of this
kind, which has to deal impartially with people of all kinds of /
religion, to make such an offensive remark. Your Lordship ha3
really no jurisdiction in a purely religious dispute, and allusions to
purely religious matter made by counsel are out of place. Your
Lordship recollects the painful feeling created among the bar and the
93
The Judge : Unless I see it is proved that the Khojas were
Sunis and not Shias, I must leave the whole matter to the Jamat.
And assuming that there is a failure of proof of what appeal's to be
the necessary foundation of the Plaintiffs' case, at least so far as regards
the 5th paragraph of the prayer, I do not see how, in the absence of
the necessary evidence, the Court can do what it is asked to do in
that paragraph.
Mr. Howard : I will now read the letter from the Bhooj Jamat
in answer to the communication sent by the Plaintiffs. (Mr. Howard
read the letter in which the Bhooj Jamat said, " We are upon the
right side, but should his Lordship Aga Khan ask for the signatures,
we are ready to give them, 1000 times a day. Whatever order.comes
from him we are bound to obey.")
The Judge : Well that is a very decided letter ; at any rate there
can be no mistake about that.
Mr. Howard : Yes, and it shows how strong the feeling of respect
for the Aga was, among the Khojas unconnected with Bombay.
The Judge : Is Bhooj the original country of the Khojas 1
Mr. Howard : Yes, Mr. Anstey himself said so in his opening
speech, and if your Lordship recollects, Allarukia Coorjee confirmed
the statement.
The Judge : About what time was it when Pir Mohamed Sha,
referred to in this letter, " attained Paradise 1"
Mr. Howard : He was buried in the Durga about 30 years ago.
With reference to the attempt made to put Aga Khan in the witness
box ; that was meant, and would in fact have been, a very great out-
rage to his feelings ; and we know from the attitude of the Plaintiffs
in this suit, and jwrticularly from the speech of Mr. Anstey, what
sort of forbearance would have been extended to the Aga in the
witness box. And here I nlay say that a most painful impression
was produced on the minds of the defendants, who have their religious
feelings as well as Christians, by the jocular allusion of Mr. Anstey
to one of the twelve Imams. It was very improper in a Court of this
kind, which has to deal impartially with people of all kinds of /
religion, to make such an offensive remark. Your Lordship ha3
really no jurisdiction in a purely religious dispute, and allusions to
purely religious matter made by counsel are out of place. Your
Lordship recollects the painful feeling created among the bar and the