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Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29

Date: 
Thursday, 2010, April 29
Location: 
Source: 
Heritage News
20100429-court-filings.jpg

In a surprisingly rapid twist of events, both Mr Tajdin and Mr Jiwa have filed their respective statements of Defense this 29th of April 2010. They affirm to being devoted followers who will unconditionally abide by the wishes of the Aga Khan, whom they glorify in their defense.

Mr Tajdin declares that:

He has not been served yet but the ethics imposed upon him by his faith demands that he should not keep in ignorance the public by being silent on the issue and should clarify all of the facts, pertaining to this lawsuit, of which he is aware.

He reaffirms his allegiance to the Aga Khan, is willing to submit to any of his wishes, and is ready to surrender himself and all his possessions to the Imam.

He has been printing Farman books since 1992 with approval and instructions from the Imam received on August 15, 1992 in Montreal.

He has not received any communication from the Imam from 1992 to 2009 instructing him to stop publication.

He cannot stop publication without instruction from the Imam as this would be a breach of his oath of allegiance to the Imam.

All Farman publications were financial deficit projects done as a volunteer service and large numbers of books were distributed free of charge.

Farman sharing is a historic Ismaili tradition which still continues today.

The current Ismaili Constitution does not restrict the right to publish Farmans

Mr Tajdin concludes that:

He has no choice but to await further direct instructions from the Imam.

He reaffirms his allegiance to the Aga Khan, is willing to submit to any of His wishes, and is ready to surrender himself and all his possessions to the Imam.

Mr Jiwa states that:

"This action does not appear to have been authorized personally by the Aga Khan .."

"In distributing Farman books obtained from Tajdin to other Ismailis, he has not violated either the Ismaili Constitution or any Farmans"

He has not violated the copyright act as "Tajdin was given express authority by the Imam" and regardless of the fact that "the limitations period provided for by the Copyright Act also bars this action as the books containing the Farmans were commenced publication in the year 1992", he will still do whatever the Imam tells him to do.

Mr Jiwa clarifies finances:

He "obtains these books for C$50.00 from Tajdin and sells it for C$50.00, without any profit.

"All monies received by him from the sale of (other) books after 2005 were delivered to the Jamatkhanas"

Mr Jiwa further states that:

"If the Imam edited the Farman before releasing to the Jamats, in effect he is superceding the Farman he made orally previously."

He "unconditionally reconfirms his oath of allegiance to his Imam" and "if the Imam does not desire his Farman books to be distributed to the Jamats (...) this defendant will submit to the instructions of His Imam without reservation whatsoever"

Replies From the Plaintiff are due within 10 days, and Affidavits of Documents are due 30 days later.

[Update from May 6: Ogilvy Renault, the law firm which launched the case has asked for an extension of 15 days to reply to the Defense. They claim delays due to breakdown of email servers, blackberry communication, travel of senior lawyer, time difference with Paris etc...The more delays in this file, the more damage it creates to the reputation of the Ismaili community, the Imam and the defendants. It is to the advantage of all parties that this case be withdrawn from the courts.]

[Update from June 22: Defendants have filed a Motion for summary Judgement to have the case dismissed.]

[Update from September 5:
Online Book that gathers court materials as well as articles that are currently available for the ongoing 2010 Lawsuit:

Copyright Lawsuit 2010: Online Book of All available Materials
News on cross-examinations:
Copyright Lawsuit: CROSS_EXAMINATIONS Table of Contents - 2010-09-04
Latest Development
Copyright Lawsuit: Imam Appears for Discovery and Ends the Case - 2010-10-15
As users are asking to read the letters from Nagib and Alnaz on the court docket, the latest have been attached on the following link:
A. Various Court Filings

Revised Factums have been posted Here:
2010-11-29 Summary Judgment : Plaintiffs Revised Combined Factums of Reply and of Motion
2010-11-29 Summary Judgment: Defendants' Revised Factums of Motion and of Reply

There has been proven fraud in the recent past in the Aga Khan's domain by the Aga Khan's agents:
Aga Khan Lawsuit: Fraud at Aga Khan Studs - 2000-02-22

2011-05-25: A Jamati Member who has never met the Defendants volunteered as his brotherly duty to pay the $30,000 that was demanded in the Plaintiff''s submissions and that was accordingly ordered by the judge.
Read the full details of the $30,000 payment directly to H.H. The Aga Khan.

2011-06-16: The Appeal Memorandum of Fact and Law against the Summary Judgment has been filed in court by the defendants on June 16th, 2011.
Read the Full Appeal Memorandum of Fact and Law

Link to Court Docket Case T-514-10
Link to Court Docket Appeal A-60-11
Link to Court Docket Appeal A-59-11
Link to Court Docket Appeal A-156-13

Latest News Comments

AttachmentSize
Tajdin Defence Apr 29.10.pdf491.02 KB
Jiwa AK Defence Apr 29.10.pdf543.82 KB

Comments

Link to the Order of Prothonotary Tabib on 20 October 2014

This is the latest Order from the federal Court on the Lawsuit ordering the defendant to give the names of those who bought the books, their bank statements, to undergo more discoveries etc...

Order in English

http://www.ismaili.net/source/legal-documents/2014-10-20-order-tabib-eng...

Order in French

http://www.ismaili.net/source/legal-documents/2014-10-20-order-tabib-fra...

Seeking and sharing Farmans

Seeking and sharing Farmans is an expression of respect & love for Hazar Imam, our family, the Jamat. Imam says we must share and diseminate to impart an understanding of our faith.

Seeking information & dissent out of love for the Jamat, is an expression of loyalty and respecrt for the Jamat. Seeking information and Farrmans, is not disloyalty. Mawla says he is always with you, and Allah says in the Quran I am closer to you than your jugular vein. What does that mean?

When it comes to choosing between a Farman you know and what someone says is different, you must always choose a Farman and what Imam says.

Does anyone really believe

Does anyone really believe His Highness the Aga Khan wants the following information from Alnaz Jiwa, and that Hazar Imam is claiming & wants more money from Alnaz or would any of his spiritual child especially for following his guidance and sharing that guidance with his brothers and sisters?

Alnaz has offered double the amount to Shafik Sachedina and LIF. How much more money will they get by continuing this lawsuit, as compared to the time legal costs and damage to the community and of also not doing what Imam says and said on 15th October 2010.

Excerpt of court ruling.
CONSIDERING ... that the expense or inconvenience of information providing it is not proportional to the amounts at issue in the litigation, and/or the relevance or probative value of the information or documents sought.

The Defendant Alnaz Jiwa shall provide the following documents and information to the Plaintiff:

a) The name and address of the book distributors known to him.

b) The identity of the person from whom he received the 24 boxes of books that he distributed. ( 96 books he gave back 18 so we are talking about 78 books only )

c) The names and addresses of all those who received a free copy of the book from him.

d) The name of every person to whom he can recall distributing a book.

New Judgement - Docket 21 oct 2014

Order dated 20-OCT-2014 rendered by Mireille Tabib, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 192 Result: granted in part The Court's decision is with regard to Motion Doc. No. 197 Result: granted in part (see Order for full details).1...2...3. Both defendants shall serve on the Plaintiff a further and better affidavit of documents. 4.Both Defendants shall re-attend examinations for discovery to answer under oath in respect of any document produced or information provided since the last examination on discovery and in respect of the further and better affidavit of documents 5. The parties shall, no later that 5 days from the date of this Order, provide counsel's mutual dates of availability to participate in a case managment telephone conference to set a schedule for the further steps to be taken in this proceeding. 6. Costs of these motions shall be paid by the Defendants to the Plaintiff. Filed on 21-OCT-2014 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1246 page(s) 77 - 85 Final Decision

Sachedina's participation in circulating forgeries

One more proof that the only aim of Sachedina is to harass the defendants who have disclosed his personal participation in the circulation of the forgeries of Imam's signature [according to 3 independents forensic experts].

The Court process has been misused for a a purpose which has nothing to do with the monetary calculation of damages or profits.

In a way it is good that there is such Order from the Court. It makes a mockery attributing to the Imam all these demands and that should be sufficient for most of the Ismailis to know that their Imam is not directing this lawsuit.

I believe no Ismaili who knows the qualities of the Imam, the Aga Khan that everyone knows for his generosity, would ever think that the Imam has been harassing two of his Murids for 4 years+ over some petit-cash matter.

If anymore proof was needed that the Imam is not involved in this lawsuit, what better than this judgement asked by "Plaintiff"?

Access to Ginans & Farmans

Access to Ginans & Farmans are both, absolutely critical for every follower, because they together light the way and guide murids along Surat- al-mustaqeem (the right path).

Ginans are being published by many and available on the internet.

A lawsuit has not been filed to block the publication of Ginans. So why would Imam file a lawsuit for Farmans and not for Ginans. Another reason why His Highness the Aga Khan did not file this lawsuit.

Letter to S Sachedina &

Letter to S Sachedina & leaders as received

I am waiting for a response to the offer to end the lawsuit. We know it is not Hazar Imam who is going against his own Farmans, & guidance. This ruling shows clearly what Shafik & his group are asking for is totally contrary to Hazar Imam’s thinking, character, attributes, nature and what Hazar Imam has said in farmans (which include speeches, interviews & writings).

Shafik Sachedina says “..Ginans are devotional poetry, and thus as poetry, it is not in a way incumbent for anybody to follow the ginans “ Mawlana Sultan Mohammed Shah (MSMS) said Farmans & Ginans are the same. Farmans, of MSMS which have not been superseded by Hazar Imam, remain valid. Hazar Imam says so. They are read in Jamat Khanna regularly.
Shafik says “my interpretation, and it is my personal interpretation, that I follow the guidance given by the present Imam always” Link to what Shafik said http://www.ismaili.net/heritage/node/30363

Shafik says he follows farmans of Hazar Imam always. He is not telling the truth because he is clearly not doing so.
A few specific examples, (excluding what Hazar Imam said in London GJ Farman)

1 in filing the lawsuit in April 2010, and his affidavit in the lawsuit

2 in not doing what Imam said on 15th October 2010,

3 in continuing the lawsuit after 15th October 2010, and even after the offer by Alnaz recently, which I have doubled.

4 in Instructing Ayaz Somani to issue a legal notice on behalf of IPL against me,

a. without inter alia any notice, consultation , consensus, or any attempt to meet, discuss or mediate.

5 in not agreeing to involve and or allow an independent or adjudication by ICAB (under our constitution & Farmans)

6 in not having consultation, consensus, conciliation or dialogue

7 in not responding to specific requests for information, Farmans, constitution, & clarifications.

8 in blocking Farmans, annotations, and the constitution

9 in not responding to double the offer by Alnaz Jiwa, and

a. not meeting Alnaz before filing the lawsuit,

b. or after 15th October 2010.

10 in not publishing the book of farmans and other books as directed and authorized by Hazar Imam.

11 in not following the following specific guidance by Hazar Imam regarding the lawsuit, my case and or complaints

· Always, seek mediation and conciliation.

· Always, avoid courts of law, & related legal costs

· Always, find ways and solutions to meet and resolve differences, and

· Never, get into a situation where we cannot resolve differences by mediation and conciliation

· Never, let differences and conflict become a part of our psyche.

· Always mediate at the earliest.

Any court case must always be as a last resort, and after every effort has been made. Even though Shafik does not do so, even though he says he follows Farmans.

Our success is in the efforts we make and in our Niyat. Results are a blessing which we pray for & which we must desire. As MSMS said we must learn to suit our desires to the event

Open Letter sent to LIF,

Open Letter sent to LIF, Leaders members in response to comments received.

Date: 21 October 2014
Subject: Imam says put this matter to rest & work together ... you are being judged .... damage is severe. .. Image, standing......

Thank you. I sincerely hope everyone, and especially all Board members will do as Imam says and agree to end the lawsuit.

The whole world knows His Highness the Aga Khan (Hazar Imam), is magnanimous, generous, forgiving, charitable, reasonable, humble, conciliatory, benevolent, & extremely loving to all his spiritual children equally. He has said he has dedicated his life to us all, & nothing is more significant in his life (Farman)

After what Hazar Imam said on 15th October 2010, doing the very opposite and continuing confrontationally with no dialogue, is totally contrary, to everything Hazar Imam, stands for, has said, exemplifies, and advocates.

No Ismaili believes, or would even begin to imagine that Hazar Imam does not do, what he says, or Hazar Imam says one thing but then does the very opposite. We know His Highness does what he says.

We know there are leaders who do not say, or do what Hazar Imam says to them, to say and do. For example Shafik Sachedina & his inner circle. (London GJ Farman)

If anyone disagrees with the request and offers to end the lawsuit, then please let me know with your reasons. But If you agree, then it is your responsibility to ask the Leaders involved to either end the lawsuit or to explain the reasons, so there is absolute clarity (LIF announcements)

The Image, standing and benefit or damage to our community will depend on what we do individually & collectively. We will be judged by what we do and whether what we are doing is what our Imams and Hazar Imam are saying and asking us to do

Marielle Tabib Prothonotary

Marielle Tabib Prothonotary is considering submissions made at the hearing on 7th oct, in the case regarding Highness the Aga Khan. Meanwhile an offer made by Alnaz Jiwa is doubled by a member of the community to end the lawsuit.

This offer is made in the spirit of what His Highness the Aga Khan advocates, exemplifies and guides members of his community to always do.

Letter doubling the offer (as received)

To LIF - Members & Board of Leaders International Forum (LIF), Leaders of National Jamati constitutional Institutions, ICAB, NCABS, Shafik Sachedina, Aziz Bhaloo, E Rupani, M Manji, M Talib, M Keshavjee. N Nanji & Azim Lakhani.

cc Alnaz Jiwa & Nagib Tajdin

From: Mahebub Chatur

Re: Lawsuit against Alnaz Jiwa & Nagib Tajdin

OFFER TO END THE LAWSUIT AGAINST ALNAZ JIWA

I refer you to;

1 The Offer from Alnaz Jiwa

As you know Alnaz has offered to pay the maximum notional figure of $6,720.00 for 96 books at $70 each ( $87 each, based on 78 booksi. Alnaz did not make a profit, & made his offer in the spirit of what Hazar Imam has said about resolving differences internally & work together.

2 LIF announcements - 2 - excerpts

a. “.Mawlana Hazar Imam has authorised the LIF to share with the Jamat its background, in order that there is absolute clarity that the legal steps have been undertaken as a sad last resort…

b. “.The Jamati institutions will continue to keep the jamat informedof further development.."

You have not accepted Alnaz’s offer & are still not ending your claim against him. Gray said in court that Alnaz could have sold some of the 78 books for $70, not $50. By not accepting the figure of $50 per book, you obviously want more money from Alnaz to end your claim and lawsuit. This is not what Hazar Imam said on 15th October 2010.

Since you want more money, I confirm I am doubling Alnaz’s offer to end the lawsuit against Alnaz.

This should be considered & discussed institutionally, constitutionally and consensually. And as Imam says. Especially by LIF who are authorized by Hazar Imam (according also in your LIF announcements)

Before sending this offer, I asked Alnaz If I can do so and for me to pay the additional amount. He agreed. I also asked Nagib & he has no objections. If you agree, my wife Firoza, and I will arrange through our Council President to send to Hazar Imam. And Gray can be instructed by you to end lawsuit against Alnaz.

This offer increases Alnaz’s offer to $171 per book based on 78 books with no deductions whatsoever (not even the cost of the books).

This offer is notwithstanding the following, and what we know,

1 What Hazar Imam says, and said on 15th October 2010. Including especially;

a. resolving matters internally, by consent & to work together.

b. Hazar Imam does not want any money from Alnaz (or Nagib)

c. Hazar Imam allowed all those who have the books of Farmans, to keep them without
i. The court also agreed in the court order

d. Gray also said Hazar Imam does not want any money from Alnaz and Nagib

e. Hazar Imam wants all murids to have Farmans

f. Hazar Imam confirmed Alnaz was not involved.

g. Hazar Imam asked you to end the lawsuit.

2 The significant, costs of the lawsuit and, loss for our community

3 Alnaz did not intend to, and did not make a profit, from the 78 books.

a. His intention as Imam wishes, is for members of the Jamat to have Farmans to read understand and benefit materially & spiritually.

4 The cost charged by IIS, and our institutions for comparable books.

5 Evidence of forgeries submitted by Nagib to you, ICAB, and NCAB

6 Hazar Imam authorised & approved the publication Farmans according to your own announcement.

a. “ The Jamat will be pleased to be informed that Mawlana Hazar Imam has already approved that the Jamati institutions should formally publish a volume containing the approved texts of his Farmans, including those made for the Golden Jubilee. This will be made available to the Jamat in the near future”

7 Alnaz was assaulted inside Jamat Khanna because of misinformation & marginalization by you, and this was confirmed, and spread also by M Kamadia and A Dharamsey

8 Hazar Imam wants all Murids to have Farmans to read understand and benefit from, both materially and spiritually. (see 88 proofs and Farmans submitted to you)

9 Hazar Imam said you should have resolved this matter internally, by consent and consensus.

a. You did not even meet Alnaz let alone make any effort to resolve this internally with him.

i. (Instead you made a false announcement to say you made every effort to resolve this internally)

b. If you had
i. you would have followed Farmans , instead of defying Hazar Imam.

ii. the benefit in costs, image, reputation & time would have been significant for our community.

10 Nagib has made an offer to you, which you have not accepted so far.

a. The offer is without prejudice, and

b. If you accept this offer, you will agree an appropriate counter credit for Nagib of the amount paid under this offer.

I Look forward to your consideration & response. If any of you have or need any information to clarify, share or discuss, please feel free to contact me or respond by email.

Mahebub

PS Please refer also but not only to the 2 LIF Announcements , & the 88 Proofs & Farmans forwarded to you.

From: m@chatur
Sent: 16 October 2014
To: 'Alnaz Jiwa'; 'Khan'; 'Ambassador Aziz Bhalloo'; 'Ex President M Manji Canada'; 'editor@theismaili.org'; 'shafik.sachedina@akdn.org'; 'Eqbal Rupanii CEO LIF'; 'President Aga Khan Council Canada Malik Talib'; 'sherbanoo.moledina@akdn.org'; 'mahmoudeboo@gmail.com'; 'Noordin Nanji Chairman ICAB'; 'Nagib Tajdin'; 'aminmawji@blueyonder.co.uk'

Dear Shafik Sachedina, Aziz Bhaloo, E Rupani. M Manji, M Talib, Azim Lakhani, LIF & Leaders,

Alnaz Jiwa confirms he is willing to pay the maximum notional figure of $6,720.00, for 96 books at $70 each. Will you now accept this, and end your lawsuit & claim against Alnaz?

(Notwithstanding what we know, & in the spirit of what Imam says in Farmans)

Marielle Tabib prothonotary

Remember when the "Kauraws" were offered a green leaf by Khrishna and the Pandavas to accept
5 villages as their kingdom?
Of course it was too easy to accept and move forward. Peacefull and accommodating.
Do you really think this will be accepted by todays "Kauraws" ?
I wish you success, but don't count on it.
Thank you.

As received - A Farman “ I

As received - A Farman “ I would like you always to think of your institutions as being your own organisations, and if they are not fulfilling your wishes it is up to you to see that you explain your needs in such a manner that these organisations do fulfill your wishes.. “

This Farman is very important:

... The Jamat must explain their needs in such a manner that the Jamats institutions Do fulfil the Jamats wishes.. “.

MHI says that our Institutions DO FULFILL... He does not leave ANY option other than that THE LEADERS DO FULFILL our (Jamat's) WISHES.

When Leaders do not, they are DEFYING the Imam.

These Farmeens are for

These Farmeens are for Humans not Vultures...

What His Highness the Aga Khan said recently...

Quote " When individuals and families and communities, or even nations, come together around new found hope — and this hope translates into perceptible, tactile improvements in the quality of life — that new momentum can be unstoppable. The smile replaces the frown. Conversation replaces silence. Fear of the future is replaced by confidence to respond to its challenges.

The actual process of replacing fear with hope rests with every individual in his or her society. And once individuals begin to express their own sense of hope and to act on a common outlook then they begin to discover a common cause that they can support. They speak and sense the same issues and opportunities. And they can become an enormous source of growing strength and reassurance for one another. I hope that that will happen to you" Unquote

http://www.nanowisdoms.org/nwblog/10824/

Alnaz Jiwa Clarifies

" From: Alnaz Jiwa [mailto:alnazjiwa@hotmail.com]
Sent: 16 October 2014 18:54

Ya Ali Madad,

The below mentioned fact stated by the lawyer's law clerk is not totally correct. The only questions I have not answered are relating to who the distributors were, who I bought my books from.

Gray says that our Imam IS SEEKING accounting of all profits made by Nagib and me, i.e. that Hazar Imam wants us to pay to him all profits we made. Notwithstanding that we not only did not make profits, we actually lost monies in the project.

I picked up 96 books, out of which I returned 18 to ITREB. I paid $50.00 for each book, gave away about 50% for free, and sold the balance for $50.00. All in cash except a few cheques. One book I mailed by Fedex to Chicago to an Ismaili lady for about $20.00. Her email to me specifies that she will send me cheque for $50.00 for the book and for shipping and handling. I gave the copy of her cheque, her email and the Fedex receipt to justify the receipt of $70.00. I initially gave to Gray these documents with name and address blacked out, but afterwards I gave him copies of these with the names and address.

The Fedex receipt (copy) was not very clear and Gray asked me to show him the original. I did and he was satisfied that I paid for shipping.

Yet, last week at court, Gray INSISTED that I sold a book for $70.00 (DID NOT TELL THE TRUTH TO THE COURT that I paid for shipping (I was not in court when the Court asked to see the receipt) but Gray never confirmed to the court that I indeed had paid for shipping and that I had produced a copy AS WELL THE ORIGINAL to him.

He convinced the Court that we did sell books for $70.00 and made a tidy profit, and that he wants to question us again on oath to verify if more were sold for more than $50.00. (As a side note, Shafik Sachedina had sent an email to Nagib inquiring purchasing books and was quoted $50.00 per book (INCLUDING SHIPPING), and he produced that email to the court earlier.

YET now Gray continues to tell the Court that the Aga Khan wants him to verify how many books were sold and at how much. THEY HAVE NO EVIDENCE THAT ANY WAS SOLD for more than $50.00, but because I got $70.00 from one person they are now hammering that I sold for $70.00 for the book.

Profits are: selling price less EXPENSES (shipping and cost of books).

I bought 96, gave back 18 leaving 78 books sold. I have OFFERED them that I would NOT deduct any monies I paid for the books and even not bother deducting the returned books (to ITREB) and NOT deduct all books given away by me for free. Meaning that I would pay to MHI 96*$50.00= $4,800.00 as notional profits made by me.

Gray is refusing to accept and insists that MHI is telling him to SEEK a PROPER ACCOUNTING to ensure that all profits are paid to the Imam.

I would also be prepared to pay $70.00 * 96, or $6,720.00 as profits notionally earned by me.

I think that Gray has probably spent more that 5 to 10 times that amount in seekign accounting for profits from me.

So I think that the Court will be ordering me to attend for more discoveries because we might have sold the books for $70.00, although in the four years NOT ONE SHRED OF EVIDENCE has been produced by Gray that any books were sold for more than $50.00, except that he CONVENIENTLY argues that Jiwa sold one book at $70.00 (ignoring the shipping receipt that I have and showed him).

I think that Ismailis and many non-Ismailis would never believe that MHI would do what is being said as being done on the EXPRESS instructions of the Aga Khan. I know that some people might think that it is POSSIBLE that MHI is asking Gray to do what he is doing. But because we met MHI on October 15, 2010, (four years yesterday, it seems just like yesterday), I KNOW where MHI stands in this matter.

And I do not believe Gray. By submitting to the Court that I sold a book for $70.00 without coming clean that HE WAS SHOWN FEDEX RECEIPT FOR THE SHIPPING) speaks volumes about his ethics.

The fight goes on.

Alnaz

_______________________________________
Date: Wed, 15 Oct 2014 18:48:59 -0700
From: zina.khan@

"..The law clerk says H.H. the Aga Khan experienced extraordinary difficulties in extricating any verifiable or reliable information from Nagib & Alnaz...."

letter sent to Shafik

letter sent to Shafik Sachedina today and...

Dear Shafik Sachedina, Aziz Bhaloo, E Rupani, M Manji, M Talib, Azim Lakhani &
LIF-Leaders,

Alnaz Jiwa confirms he is willing to pay the maximum notional figure of $6,720.00, for 96 books at $70 each.
Will you now accept this, and end your lawsuit & claim against Alnaz?
(Notwithstanding what we know, & in the spirit of what Imam says in Farmans)

Mahebub

Even if Alnaz gives $100 per

Even if Alnaz gives $100 per book, they will not accept. You want to bet?

I think they know the Imam will never accept money from Jiwa and Tajdin, they just want to harass and they are trying to use the Imam's name which is well respected in Canadian Courts to do their dirty work which has nothing to do with the Court process of the reference.

The Reference can only concern a $ figure and they have since 2 years all the info needed to calculate the $

So obviously at this moment in time Sachedina just wants to externalize his grudge after loosing all his credibility when the forgery matters became public and 3 independent forensic experts, amongst the best in North America, declared that the signature of the Aga Khan was being forged in all those documents presented in Court. But no matter how much SS tries to damage the defendant, his credibility will never return in the community.

Sachedina knows this and this is in my opinion the primary reason why he refused to obey to Imam's instructions to him, to Manji and to Gray on 15 October 2010 to put the matter to rest.

Alnaz Jiwa has offered to

Alnaz Jiwa has offered to pay the maximum notional figure of $6,720.00 for 96 books at $70 each, Alnaz gave back 18 books. Therefore Alnaz has already offered $87 per book for 78 books. He is not claiming any deduction, not even for the cost of the books.
If this offer was doubled,& submitted to LIF members & Leaders of the Jamati instituions, do you think they will allow Shafik Sachedina to continue to harrass Alnaz.They say they have been authorised by Hazar Imam. So will they not discuss this formally as a Board, and then ensure that the Jamat are informed and there is absolute clarity as they say in their announcement. " Mawlana Hazar Imam has authorised the LIF to share with the Jamat its background, in order that there is absolute clarity that the legal steps have beenn undertaken as a sad last resort, following the failure on the part of the peoplc who are responsible for the unauthorised publication, to respond positively to numerous prior efforts to address the concerns internally." ..The lamati institutions will continue to keep the Jamat informed of further development in this matter..",

NO EFFORT WAS MADE TO MEET OR EVEN CONTACT ALNAZ.

LIF SAYS " MAWLANA HAZAR IMAM HAS AUTHORISED THE LIF TO SHARE WITH THE JAMAT ITS BACKGROUND, IN ORDER THAT THERE IS ABSOLUTE CLARITY THAT THE LEGAL STEPS HAVE BEENN UNDERTAKEN AS A SAD LAST RESORT.

THE JAMATI INSTITUTIONS WILL CONTINUE TO KEEP THE JAMAT INFORMED OF FURTHER DEVELOPMENT IN THIS MATTER "

Even if..................

Absolutely true, Umed.
Personally, I have seen totally benign folk (people who NEVER dwell into such matters) come forward
and disclose the injustice dealt to them by one or more of the said " Duriodhans "
(By the way, this is how I will refer to them because that is how I perceive them)
Time will tell all. (remember the 3 P's:- prayers, patience, and perseverance)
Thank you.

Alnaz Jiwa say

Alnaz Jiwa say

From: Alnaz Jiwa [mailto:alnazjiwa@

Hi, the sentence noted below is a lawyer's standard tool when seeking more info.

I had refused to name the person I bought books from, or the names of people whom I either did not charge for the books or who did not pay 9although expected to pay me). I had said (on oath) that I bought for $50.00 and sold some for $50.00 and some gave away for free. I had mailed one book to a lady in Chicago and paid $20.00 in postage, she sent me $70.00, $50.00 for the book and $20.00 for postage.

I gave the lawyer a copy of her email (where she confirms $50.00 plus shipping and handling), my copy of the fedEx invoice showing the charge to justify the shipping charge to her. Mr, Gray despite my showing him the ORIGINAL receipt of the postage, continues to tell the court that some books were sold for $70.00 by me (COMPLETELY IGNORING TO TELL THE COURT THAT $20.00 was for shipping).

Now the Court believes that we might have made substantial profits if we sold the books for $70.00 (as repeatedly told by Gray), and the Court, I think, WIll order all disclosure to be provided.

In fact, when I told Gray that the payments were all made in cash, he expressed disbelief that so much cash (about $2,500 in two batches) were paid by me in cash to my supplier. (I guess I he spoke with his client, our imam, he might discover that our jamats do not accept certified cheques, drafts, or cheques, for paying dasond, and often people carry tens of thousands of dollars in cash to jamatkhanas, on a routine basis.

Gray has been telling the Court that perhaps Nagib had ordered books to be published through another printer. I guess anything goes, whether or not it has an air or reality. (Who in his right mind would order such books to be printed by different printers ordering about 5,000 books from two pr more printers.)

Despite the above, in terms of accounting for profits (Gray is saying to the Court that the Aga Khan WANTS the defendants to account for PROFITS) and he is trying to determine how much profits we have made.

So normally profits would be, price sold less costs of purchase and other expenses. I told the Court and Gray that although I paid $50.00 for each book I bought and I sold for $50.00, I will NOT deduct the 18 books I returned to them, or for the purchase price I paid and for the free books given away, in other words, I AM AGREEABLE TO PAY full selling price as MY SHARE OF PROFITS, that means I would pay a PROFIT of $50.00 for every book I bought.

In other words I am OFFERING full proceeds I received (and MUCH MORE) as notional profits to the Imam. This offer has not been accepted and not to satisfy the court that there is something fishy about my involvement, Gray has started saying that, by the way, Jiwa has sold for $70.00 and not for $50.00 (see my note above), and he wants to again discover me (on oath, despite that he has done so on two occasions already.)

I guess, IF GRAY is to be believed, that our imam is VERY greedy and wants to extract every penny and MORE from us than what we have earned (in reality LOST). What else can I do or say. I have offered to the Imam to pay 1000 times more in profit even though I lost money distributing His farmans.

MHI expressed His view during Golden Jubilee in London about leaders. I cannot add more to the Imam's feelings.

Alnaz
"

Brian Gray is very selective

Brian Gray is very selective in the information he discloses to the Court and the info he omits.

We all know from the first Appeal document that Gray removed a crucial word in his quote of Alidina's affidavit and this one word he removed from 2 different quotes in his material submitted to the Appeal Court made a huge difference in the interpretation of the sentence.

Letter to Shafik Sachedina &

Letter to Shafik Sachedina & all Leaders,

Hazar Imam did not file an affidavit for this hearing & motion. Hazar Imam has not filed a single affidavit in this lawsuit.

The only affidavit filed in this hearing is by a law clerk who says he is assisting and has "personal knowledge of the facts "The law clerk is Christain Landeta. (see below)

The law clerk says H.H. the Aga Khan experienced extraordinary difficulties in extricating any verifiable or reliable information from Nagib & Alnaz.

And he says H.H. the Aga Khan wants information from Alnaz Jiwa of 96 books (Names of those he received the books from and who he gave them he gave them to).

On 15th October 2010 Hazar Imam confirmed Alnaz was not involved, & allowed all those who have the books to keep them. Hazar Imam did not ask for names to be provided.

Hazar Imam on 15thOctober 2010, did not ask or experience any difficulties whatsoever in getting information and giving directions for over 25 minutes.

Can you clarify if this law clerk sent a draft affidavit to Hazar Imam, and get his approval before filing it ?. In Canada are law clerks required to do so when they are saying they have personal knowledge of the facts.

Can you also tell us why this affidavit was not filed by Shafik Sachedina , M Manji, or Brian Gray, who have personal knowledge of the facts and were in the meeting on 15th October 2010.

Can you also tell us the reasons, objective, and benefits to our community and the Jamat’s instituions;

1. Of, Asking for the names of those who have the books (especially when Hazar Imam did not ask on 15thOctober 2010).
2.
Of, Continuing this lawsuit against Nagib and Alnaz, knowing what Hazar Iman has said.

I look forward to hearing from you.

Mahebub

http://ismaili.net/heritage/files/2014-06-16-gray-motion1.pdf

http://ismaili.net/heritage/files/2014-06-16-gray-motion2.pdf

Case continues

Please Listen to what Hazar Imam says. Bearing this in mind, do you have any doubt that;

1 S Sachedina, M Manji, A Bhaloo & those involved, are not doing what Hazar Imam is saying in this Farman

2 On 15th October 2010, Imam asked Shafik & Manji to end the lawsuit & work together with Nagib and Alnaz

3 Hazar Imam did not file the lawsuit against Nagib & Alnaz, and does not wish the lawsuit to be continued.

I hope everyone will make every effort to end the lawsuit & work together as Imam wishes and said.

Mahebub

Don't worry, they are

Don't worry, they are digging their own graves. The longer they persist, the deeper they will be buried and they may only then realise that they themselves manufactured the weight of sins which is given to them to carry when they are put into the grave.

I think it is better to loose the cases while saying the truth than win them by saying the lies. Let it be.

Don't worry, they are.....

No, No, No, No, and No Mr./Ms. Librarian................
Truth always prevails......
The case is NOT lost at all, on the contrary, it has been won already.
Only the "Duriodhans" of Kaljug cannot see this.
Thank you.

Remember what H H the Aga

Remember what H H the Aga Khan, said in the 2 recent speeches and farmans regarding court cases. If not for this lawsuit would the Jamat know the truth regarding Shafik Sachedina & his inner circle, and what Imam said on 15th October 2010. Would you have , and could you share from the books of farmans. which have been authorised by Hazar Imam and confirmed by the courts. Would you have today videos being shared openly and on you tube, including the recent Imams full speeches and events. Would we have the increasing number of speeches and writings of Imams than before the lawsuit.,Would we have this website and others by Ismailis knowing Shafik and M Manji wanted to close them. The success should be defined by the benefit for the Jamat in the last 5 years and in the next 25 years.

Aga Khan Lawsuit - 2 Motions by Brian Gray on 7 October 2014

YAM,

On 15 October 2010 (4 years ago!) I told a journalist from Ottawa that called me immediately after my meeting with Hazar Imam about the lawsuit that "it is good it is finished, it will bring peace to the community". They printed that short statement that I gave.

But that was based on my mistaken belief that the instructions that The Imam gave in my presence to Gray and Sachedina to put the matter to rest, will be followed as per the wish of the Imam. I did not expect these people to go against the wish of H.H. The Aga Khan and continue the lawsuit which they filed by their own in his name.

Though the Imam said he remembered the Mehmani and his instructions to us to continue with the publications of Farman Books as he needed those for translations to be done in Farsi, French etc.. the Courts were misled into believing that this 10th book of Farman that I published was an "infringement". Though The Imam said he knew that Alnaz Jiwa was in no way involved in this publication, he is being harassed up to now.

4 years later the matter is still not "put to rest" as per The Aga Khan's instruction to Brian Gray in my presence. In fact this time they were 3 lawyer$ (highly paid, I guess) from Gray's office in the Court room. I would not be surprised if the next time they are four of them.

There were basically 2 motions presented by Gray this Tuesday morning in Toronto at the Federal Court. The presentation by both parties lasted several hours.

Basically Gray wants to get by these 2 motions the name of those who bought the book, the shipping addresses, the bank statements, permission to again discover the defendants, get another affidavit of documents etc...

There were 3 lawyers from Grays' office, one of ours. Gray had asked for translators so the Court flew in from Montreal 2 translators beside its own staff. Just think of the cost of this day's hearing. The judgement will come in few days.

Here is what the Docket says for today:

Toronto 07-OCT-2014 BEFORE Mireille Tabib, Prothonotary Language: B
Before the Court: Motion Doc. No. 192 on behalf of Plaintiff Result of
Hearing: Matter reserved Before the Court: Motion Doc. No. 197 on
behalf of Plaintiff Result of Hearing: Matter reserved held in Court
Senior Usher: Anne Brzuchalski Duration per day: 07-OCT-2014 from
09:40 to 14:24 Courtroom : Courtroom No. 4-C - Toronto Court
Registrar: Heather Michaud Total Duration: 4h 26min Appearances: Brian
W. Gray 416-216-1905 representing Plaintiff Andres C. Garin
1-514-847-4957 representing Plaintiff Jean-Philippe Gervais
1-514-228-4241 representing Defendant Comments: DARS was used at this
hearing, laptop Z005146 Minutes of Hearing entered in Vol. 914 page(s)
156 - 161 Abstract of Hearing placed on file

Faith teachings and Copyright - the front end to vengeance

Which of the words of the Prophet had a copyright. Does any of the book from Ahle-ul-Kitab has a copyright claim? Do people of faith ever sue each other for various reproductions in their faith material for referring from Bible? Did books written by Ismaili authors like JafferAli Bhalwani observed any copyright laws when quoted words from Imam?

It seems the copyright fight is not a matter of principle but a personal vengeance against the individual. According to financial numbers and expected voluntary effort behind this Farman Book publication, this is a gift to Imam and his community, no personal gains could be made, only monetary loss is evident. But to murid like Nagib, this perhaps was never seemed a loss, since it was a service rendered to Imam, just out of love and devotion his heart holds for the progeny of Muhammad (SAW).

Our faith and its teachings that continues through Imam has been communicated orally as per historical records and at times murid's due to their personal dedication transcribed those words whether from Pirs or Imams, thus are recorded for future generations. Now since the recent history copyright has been in existence, we cannot confuse this law's application to the teachings for our faith, particularly when this individual has no personal gains or otherwise damaged the content.

I can't figure what are we trying to prove to the legal system or our brethren in community or those who detest us for our differences in interpretation of the faith.

May God protects us from vices of all those who are victims of their lowers self. Amen

What Alnaz says below, a

What Alnaz says below, a letter I sent today today to Shafik Sachedina, M Manji, A Bhaloo, other Leaders & Murids.

Thank you, and also WE KNOW;

1 Hazar Imam did not ask for costs or names of those murids who have the book of farmans. (15th October 2010)
2 Imam asked Shafik and M Manji to end the lawsuit, and for all those who have the books to keep them. (15th Oct 2010)
3 Shafik personally said to me, Hazar Imam does not want any costs from Nagib & Alnaz.
a. You also asked me to withdraw my offer to pay and offered to give the Cheque back to me. I refused.
i. So why are you and M Manji etc, are then continuing the lawsuit for costs and or names.
4 No Imam has ever filed a lawsuit against any spiritual child for following his guidance by sharing Imam’s farmans (or for anything else)
5 Alnaz offered to pay double costs claimed.
a. Mr Gray says his instructions are not to accept.
i. Do you believe Hazar Imam would give any such instructions.
6 Alnaz was never contacted before the lawsuit or after the lawsuit. Shafik said he thought Alnaz was running a website ?
a. The LIF announcement said falsely that Alnaz was involved, and the lawsuit was filed as a last resort after every effort was made. We know that is also not true
7 Hazar Imam said on 15th October 2010, that he knew Alnaz was not involved.
a. and Shafik has continued the case against Alnaz.
8 Hazar Imam would not continue a case against anyone knowing, and especially after saying he knew he was not involved.
a. This also proves beyond any doubt that Hazar Imam is not the plaintiff and
i. why imam did not say he was the paintiff nor has Imam filed a single affidavit in this case
9 Nagib claimed full responsibility and also offered to pay costs.
a. They refused and say Imam has asked them to do the opposite of what Imam said on 15th October 2010
10 Shafik Sachedina and his group are obviously desperate to know names of those who have the book,
a. not because Imam has said so.
b. In fact Hazar Imam allowed them to keep the books and share. The court agreed with Hazar Imam.
11 Any legal or consitutional authority used and claimed, can be reversed or revoked by Hazar Imam.
a. We must not think that Hazar Imam will not do so because of financial reasons or you are indispensable.
b. You must not and can never second guess Hazar Imam and to why, when and what Imam may say or do.
i. The meeting of 15th October 2010, is an excellent example.
ii. Listen also to the deeper meanings and guidances within recent speeches. These are now thankfully available for all to share with the new permissions on our official websites.

We also know more members of the Jamat are aware and are sharing. I ask all murids to share & do what they can to stop those who are going against what Hazar Imam has said.

Those who know (esp. murids working closely), will I hope share the truth. Shafik sent to me his emails, regarding me, and a lawsuit they were planning against me. In error, or was it really an error ?. Shukhr Mawla.

I look forward to hearing from you, & any more murids to share & work together in doing what Hazar Imam has said and says. If any of the above is not correct can you please clarify and let me have the related documents or Farmans

From: Alnaz Jiwa [mailto:alnazjiwa]
Sent: 08 October 2014
To: Shirin Jiwa; hasniessa
Cc: q.kim@; shahed.karim@; ZLalani@; &lt, hafizullah.momin@; mahmoudeboo@; Shafik.Sachedina@; tafkotadia@; azimkassamncabuk@; mohib@; AlyAlidina@; Saliyat; semin.abdulla@; nadiabhimji@; Simerg@; sandrine.mongin@ iqbaldhanji@; Ex President M Manji Canada; rahim@shamji.net; Aniza meghani; Mukhi Salim Janmohamed; nazminkassam@; nssjobs@t; Khan; &lt, presidentnc.hakemy@&gt,; naguib.kheraj@; editor@; Nagib Tajdin; hmirshahi@; aminmawji@; zauhar.meghji@; Shiraz Kabani; Vazir Azim Lakhani EX Chair LIF; FDaftary@; firozachatur@; Eqbal Rupanii CEO LIF; m@; nina22a@; ismailimail@; &lt, president@,; salima@; n.jassanincabuk@gmail.com; President Aga Khan Council Canada Malik Talib; Ambassador Aziz Bhalloo; Fazal Ahmad Fazli; shafik.sachedina@; noordin.nanji@; rali@tbhl.co.uk; Habib.Motani@; sherbanoo.moledina@; iqbalwork@outlook.com; shams vellani; hcc@; Gafoor; shaffinvalimohamed@; nat@
Subject: WHY Imam does not intervene....

YAM,

I have a written document (I will need to go in my boxes to find it) where Mawlana Sultan Mohamed said:

If the elders did not give up their positions and allow more younger ones to lead the jamat, they will revolt against the leaders. He then went on to say, that those who seek to cling to their positions, "I pray that they die early".

This dying is, perhaps, spiritual dying.

Revolt, we can see coming from many angles.

However, it is important to read what Mawlana Hazar Imam said:

Paris Match, December 15, 1994, the Aga Khan stated:

PM: Your Highness, what pride do you get from your work?

AK: I am proud of two things. The first is the creation, in a variety of countries, or institutions of the community which posses REAL autonomy, which do NOT depend on the INTERVENTION, nor the THINKING, nor the SUPPORT of the Imam. [Emphasis added].

I am not surprised that the Imam has not officially intervened. I know what He told us (off the record) and I have no regrets at all. I feel truly Blessed. Shukr.

Alnaz

What Alnaz...............

Humpty Dumpty sat on a wall,
Humpty Dumpty had a great fall.

A nursery rhyme that the littlest of kids are taught..........

Humpty? Could it be somebody who h..ps (meaning falsely leads astray) or
could it be somebody who gets h..ped eventually?

Dumpty? Well, fill in the blanks, Mr. Librarian.

Great fall? You have to be way up there to get the full effect of the fall when it comes.

Thank you.

Hearing 7th October 2014

Letter sent to Leaders 4 October 2014

Thank you. Many do not understand that seeking information & dissent, out of love for the Jamat is an expression of loyalty to the Jamat and therefore to Imam.

Seeking information and Farmans, is not dissent or disloyalty. Those who say so, is only because it weakens their control and authority over resources, & wanting to do what they want, even that which is against what Imam has said specifically. Imam also says absolute authority is unhealthy & harmful to the community.

It is your Niyat that matters most in what you do (your Amal). Our Top Al Waez Shiraz Kabani ( with over 7 multi positions), says Niyat is not a Shia practice & doctrine. He does not have any material on Niyat. Yet it is foundational and we practice it also in JK every day. If you think no one knows your Niyat and you real intentions. You are very mistaken. Mawla says he is always with you, and Allah says in the Quran I am closer to you than your jugular vein. What does that mean?

When it comes to choosing between a Farman you know, and what someone else says, you must always choose the Farman and do what Imam says.

Please ask yourselves, What did Imam say regarding the ending of the lawsuit ? Giving of, & implementation of our constitution and Farmans? Having dialogue ? Helping each other ? and Working together for the benefit of the Jamat, the Jamat. Are you all personally doing this ?

Please read following Farman again., and as a start, please pick up the phone to end the lawsuit, as Imam has said, and email the full Constitution to those who you know have asked, and anyone who asks going forward.

".. it is important to me that our Jamats should be genuinely, genuinely, a worldwide brotherhood. That is the meaning of belonging to our Tariqah in Islam. That is an immense strength. We must consider that pluralism in our Jamat is a magnificent” blessing from Allah, and we must make pluralism work for the benefit of the Jamat worldwide, drawing knowledge, imagination, creative thought, from all sources, wherever it may come from, to the benefit of the Jamat.

Ya Ali Madad & Eid Mubarak - Let us all be generous in forgiveness and in giving our time knowledge and resources as Imam wishes and says.

Hearing 7 October 2014 ...

Letter to Shafik Sachedina & leaders, as received

Thanks. And see the time line below. Shafik said that it was Mr Carnegie who was first instructed by him and Hazar Imam. However Shafik has been instructing Gray and Mr Carnegie was not present in 15th October 2010. He was in court at a hearing and his presence was acknowledged by the judge.

I hope the lawsuit can be ended before 7 October 2014, as Imam said and directed.

Since Mr Carnegie is copied, and was instructed - involved by Shafik in the you tube letter you drafted recently, I would welcome your clarification regarding what Shafik has said below regarding your role and instruction in the lawsuit against Nagib and Alnaz.
Mahebub

AZIM Lakhani says he was not consulted
- LIF role & Processes
Cross-Examination by Mr Jiwa. What Sachedina said re LIF announcement?
Q. My question was who drafted it?
A. I've told you the process. It is done by the LIF Secretariat with the chairman of the LIF, myself, and the president of the council where the jurisdiction is of the countries involved were consulted. Link of cross examination …..http://ismaili.net/heritage/node/30380

No LIF Board meeting ? Was there s meeting of the Natiinal Council of Canada ? Were the 2 LIF announcements really prepared jointly by, Vazir Dr Sachedina, (SS) Vazir Dr Azim Lakhani, (AL) Vazir Dr E Rupani (ER) and in consultation with the Presidents of Canada, and Kenya? (MM we know was involved as SS said MM was involved and Hazar Imam spoke only to MM and Mr Carnegie , according to Shafik but not Azim Lakhani- MM was at meeting on 15 October 2010 invited by Gray.

TIMELINE of facts between 4 January 2010 and April 2010 (when the lawsuit was filed)

4 Jan 10 Nagib sends a private sealed letter to the Imam, and offering 2000+ books of Farmans for each Jamatkhana free of charge.

16 Jan 10 First LIF announcement (So Hazar Imam instructed LIF but LIF do not discuss with, or meet Nagib or Alnaz or even check what Alnaz did ). Was this announcement really considered and or drafted by SS, ER, AL, all Presidents and ITREB of Canada and Kenya ? Were They all consulted ? When? How?

24 Jan 10 A scanned letter from Imam was emailed by SS to Nagib who requested a meeting with Hazar Imam to seek clarification. Dr SS thwarted attempts by Nagib to speak to, or meet Imam for clarification of consent or a Farman (instruction) to stop sharing Farmans with the Jamat.

17 Feb 10 A telephone conversation between SS and Nagib. Nagib informs SS about alleged forgery. SS makes threats to ruin Nagib and is aggressive. Everyone knows how aggressive and arrogant SS has become. Nagib requests SS to do the following ; 1. To show to the Imam the sealed letter from Nagib to the Imam dated 4 Jan 10. 2. To show to the Imam the scanned letter which SS sent to them with a forged signature 3. To Inform the Imam that he (Dr SS) has made a mistake and to seek forgiveness from Imam. Nagib assured SS that if SS does, then Nagib will close this matter and work together going forward.

18 Feb 10 In less than 10 working hours ! A second letter is sent by Dr Sachedina from Hazar Imam. This is on a serious and an unprecedented issue. Imam considers all issues in detail generally and has given directions for Leaders to do so. The tone , style and content of the letter was not that of Imam but SS. Did SS speak to or explain to Hazar Imam, what had transpired including, the claim of Forgery and mehmani 18 years ago, 10 publications what Nagib said etc. Hazar Imam decided to write and send a letter to Nagib in that tone, style and content, within 10 hours ?

30 Mar 10 SS says under oath that he was directed by Hazar Imam to discuss amongst leaders and Imam that decided to file the Lawsuit on about 30th March 2010. Easter week.. SS says he discussed only with MM, who he thought had spoken directly with Hazar Imam. SS said Mr Carnegie was instructed by Hazar Imam personally on 30 March which is a Tuesday. Friday 2nd April 2010 was Easter Friday. He instructed the lawyers. SS did not know Gray but Carnegie knows the firm. SS is expecting us to believe the case was prepared, Carnegie was instructed in France and he then instructed lawyers in Canada, all affidavits prepared and case read and filed in 2 working days. He is not telling the truth.. Due diligence usually in a normal case takes two days minimum, and In a high profile international and unprecedented case, at least 7 working days, especially as SS claims that this lawyer is new and was never used before. So did MM, SS, Hazar Imam AB and MM would have had to clear their diaries to focus on the filing of this case on 31 March 2010, and worked during the easter weekend? Did lawyers have a full 24/7 team, with 24/7 access to SS, MM. AB and Hazar Imam? This would be necessary to finalise and file by Tuesday 6th. So less than 2 working days. (This cannot be true. Sachedina did not tell the truth)

6 Apr 10 Lawsuit is filed in court. So must have been ready by Last Thursday 1st April , before Easter Friday .

11 Apr 10 SS informs the Leadership in London. He instructs Leaders not to discuss this lawsuit, nor the issues in the Lawsuit because he says Hazar Imam has directed Leaders not to. There is no such Farman shared with Leaders or read in Jamat Khanna. Yet after 4 days there is an LIF announcement saying Imam has authorized LIF to inform the Jamat of all the steps for clarity - to avoid any confusion or speculation. Sachedina says it was Prepared by LIF and also says Hazar Imam drafted this announcement. (read comments and his cross examination)

15 Apr 10 3 days after the London leaders meeting, the LIF announcement is read in 4 regions. India refused to announce it. The LIF announcement says, Imam has authorized LIF to Inform the Jamat and Imam has approved the book of Farmans to be published and, every effort was made to conciliate with the Murids before the lawsuit was filed. This is not true as no meetings by LIF with Alnaz or Nagib. Also Sachedina says Hazar Imam apparently read this announcement to him while he was on his way to the Airport to London ( when all UK airports were closed due to volcanic ash) He also says the LIF process is to deliberate and to prepare this announcement jointly by SS, ER, AL and the Presidents of Canada and Kenya. ( on an unprecedented case why no other LIF members or scholars or IIS were consulted)

Read what Alnaz Jiwa says regarding and what Hazar Imam said. http://ismaili.net/heritage/node/29740#comment-12932

Read what Nagib says The Real question to ask:

The process in place is good but it has been hijacked

Yes the process is good but as can be seen above, the Ismaili constitutional process has been hijacked to the detriment of our community by non-constitutional organisations such as DJI and IPL. These non-constitutional, non accountable, non answerable and non transparent organisation have abused the Ismaili Constitution which practically has been hidden from the eyes of the Jamat.

Unless this is understood, this abuse will continue and the Constitutional bodies will be rendered barren by the few who abuse the process but are unfortunately at positions where they mistakenly feel untouchable.

Hearing...............

These people have gone too far now to even contemplate remorse...................
Prayer, patience and perseverance............
Thank you.

Letter " Sent: 01 October

Letter " Sent: 01 October 2014 10:27
To: 'Simerg@aol.'; 'editor@theismaili'; .... theismaili@iiuk
Subject: SIMERG AND ISMAILIMAIL OFFICIALLY INVITED APPROVED -.. THEREFORE ALL OTHER ISMAILI WEBSITES DOING THE SAME ARE ALSO APPROVED.......................

Good news. Simerg & Ismailimail were invited at the opening of the Ismaili centre & museum in Toronto to officially report & share through their websites-blogs. Therefore all other Ismaili initiatives doing the same are approved.

Simerg and Ismailimail are doing the same as other Ismaili websites such as Nano Wisdoms, Ismailinet, Amaana and others. They are all;
" individual efforts to reverberate, share, impart and enhance, an understanding of, the Ismaili Community including Ismailism, worldwide, and to help gather and share knowledge & information, including Farmans, & speeches of His Highness the Aga Khan who defines them, as Farmans in the global Ismaili constitution, as ordained by His Highness as Imam of the time, of the Ismaili community"

Mubaraki, & thank you to all Ismailis who do the same, as Hazar Imam says in Farmans.

Letter..................

EMAIL RECEIVED FROM A MURID DONOR Z OF CANADA

Ya ali madad President Talib,

On behalf of all Canadian Donors of the new Ismaili Centre, we convey Mubaraki's to entire Canadian Jamat on its opening. We would like to take this opportunity to share with you some of the fundamental inappropriate experiences faced by the canadian donors.

First of all, till the last week, the donors were not informed as to number of passes they would get to the opening, thus in some cases important family elders were unable to travel in time.

On the day of the opening, the donors were told to go to the Japanese Centre and get a shuttle bus to JK. People had lined up very early and were constantly being given different times before shuttle buses would take them to the Centre. Finally, the buses started transporting the donors, however, to our utmost surprise when we reached there there were already long line ups as many other International Donors and Invitees had been taken there earlier from their hotels.Thus the canadian donors were pushed right at the back of the entrance lines.

Once inside, there were volunteers checking the yellow cards and were ushering the donors to their seats. Many Canadian Donors including my wife and myself were ushered to seats in the middle of the hall as the volunteers informed us that we had designated seats. We all took our seats and after some time a man who was not from Canada but from member of some Institution came to where the canadian donors had been seated and asked us all to move out and informed us that these were designated seats for LIF, the ushering volunteers were appalled as these seats were specifically designated for canadian donors. All the prominent canadian donors were shunted apologetically away and into corners of the hall as by then all the seats were taken. My wife and myself and some other donors had to go and sit at the back of the hall in a corner where we could hardly see the stage. A very prominent canadian donor and his elderly parents were taken to sit in the extreme left corner of the hall where the elderly parents could not see anything. They all had tears of pain in their eyes. Just before the ceremony was to begin, a whole group of Donors from the UK who were not LIF members were ushered to the seats that we had originally been assigned and were later shunted out. WE all were appalled as some of the UK donors had given less amount of donation then many canadian donors. We also saw the Institutional Man who had removed us from our seats was personally ushering the UK donors to our designated seats. Upon further investigation, we learnt that this man was the secretary to the LIF and lived in London. We asked some of the UK donors as to how they came late and yet were given the best seats in the hall and were informed that they all know Mr.Shafiq Sachedeena who works with Hazar Imam and at every opening he ensures that the UK donors get the best seats! This is shocking!!! Nepotism at the highest level in our religion!! When HazAr Imam came to meet donors on departure Mr.Shafiq also ensured that the UK donors were strategically placed and introduced to Hazar Imam.

MR.PRESIDENT YOU AND YOUR COUNCIL AND ALL THOSE INVOLVED IN RAISING DONATIONS FOR THE CENTRE FAILED THE CANADIAN DONORS. AN INVESTIGATION SHOULD BE STARTED IMMEDIATELY ON THE ABOVE EVENTS, THE CHAIRMAN OF LIF SHOULD GET INVOLVED AND REPRIMAND THOSE WHO USE THEIR INSTITUTIONAL POSITIONS FOR NEPOTISM.THESE EVENTS HAVE HURT THE CANADIAN DONORS TERRIBLY, YOU SHOULD PERSONALLY CONTACT EACH CANADIAN DONOR AND LEARN THEIR UNFORTUNATE EXPERIENCES.

A LETTER OF THESE SHOCKING EVENTS WILL ALSO BE PERSONALLY GIVEN TO HAZAR IMAM.

IT IS TIME THAT THE LEADERS STOP PLAYING WITH THE DONORS. A FULL INVESTIGATION OF THESE EVENTS SHOULD BE CARRIED OUT IMMEDIATELY AND DISCUSSED AT THE LIF AND MEASURES TAKEN TO ENSURE THAT THESE DOES NOT HAPPEN AT OTHER EVENTS.

Hurting Canadian Donors.

Mr. Librarian, I hope you post this letter. I am sure this will go further.

2014-09-24 Ottawa Letter

Aga Khan Copyright Lawsuit supported by Sachedina and Bhaloo's affidavit: 4.5 years later...

2014-09-24 Ottawa Letter from Plaintiff dated 24-SEP-2014 requesting simultaneous translation from French to English for the hearing in Toronto on October 7, 2014. - scanned to Toronto Management Services Director on 25-SEP-2014 - received on 24-SEP-2014

Reply by Mr Jiwa and Mr Tajdin to both Motion of Mr Gray

Reply has been filed by defendants. The hearing is in Toronto on 7 October 2014.

205 2014-09-05 Montréal Dossier (requête) en réponse à la requête doc. no 197 dans lequel se trouve(nt) le(s) document(s) original(aux) suivant(s) : 202 203 204 Nombre de copies reçu: 3 de la part de la partie défenderesse déposé le 05-SEP-2014 avec preuve de signification à la partie demanderesse le 05-SEP-2014

Letter to Shafik

Letter to Shafik Sachedina;

From: "M@chatur.co.uk"
Date: 31 August 2014 01:26:02 GMT+8
To: Shafik.Sachedina@sussexhealthcare.co.uk, Sandrine MONGIN , ""
Subject: Re: Letter from Shafik Sachedina .. see the "Incriminating" email exchange which nails some of them now ! Re:.Copyright Infringement

Vazir Shafik Sachedina

Dear Shafik,

Request for Clarification & to do as Imam says in Farmans and our constitution
1. I am sharing our Ismaili anthem and pledges we made to Hazar Imam. You clearly do not want me to share them (knowing others are). And further you do not want to tell me why you do not wish me to do so. I have asked & explained.

2. You have not contacted me. Ayaz filed a notice on your instructions without contacting me. He does not reply my letters. He refuses to discuss with me, presumably on your instructions. Has he also been instructed "informally" by Mr H Motani & Mr Carnegie

3. You have unconstitutionally not involved or consulted our UK President, Council , respected elders or Mukhi Sahebs. None of them have contacted me. If you had, they would know the facts & reasons. They would have considered them. If they agreed with you , then they would first contact me to discuss and try and resolve this internally as Imam wishes. I spoke to President Amin and asked if he knew Ayaz and was there any consultation with him. He said no.
4. We have the UK Ismaili council's legal Board, and the Ismaili lawyers alliance with some 45 lawyers. You have ignored them & are using lawyers and who are not Ismailis. Do you have no confidence or respect for Ismaili lawyers or our Ismaili legal board ? Should they not be the first port or a port of call, constitutionally?

5. You did not involve or consult the UK national conciliation and arbitration Board. Are they not our constitutional body which is to be approached first together with our Mukhi Sahebs & President ? They have made no contact with me.

6. From your own emails, you are not keeping Zauhar Meghji and N Kheraj fully informed, & by not copying all the emails to them too. They are directors of IPL and your Co-Directors at IIS. Do you operate in this manner in a matters with our National leaderships.

7. From your email you have not given to them all the facts let alone a detailed review & assessment of the facts, the Law , our constitution, Farmans and of the effect and impact which you should have shared constitutionally with especially our UK Council, relevant Mukhi Sahebs, relevant Boards, NCABS, and ICAB ( because this is a matter of global interest for our Jamat)

8. You asked one lawyer Mr Carnegie to do you a favour to draft a letter for Ayaz, without instructing his firm or giving him the full facts & evidence. At the same time you have also consulted & instructed informally another firm namely Clifford Chance (Mr Motani - who is a constitutional leader & has taken an oath to serve the Jamat and follow our constitution and Farmans to the best of his ability)

9. You have not involved and consulted ICAB. If you had they would have advised you and they would have advised, involved and consulted NCAB UK. They have not contacted me on this matter. I have kept them and NCAB informed.that is the right constitutional and brotherly thing to do.

10. You write an email to E Rupani to "take urgent action" when you have appointed lawyers and you have authorised Ayaz somani as the nominated representative of IPL. You do not explain what urgent action is to be taken & why. What is the role of E Rupani in IPL. You do not copy that email to either the Lawyers or to Ayaz Somani. Why are you excluding them?

11. You did not consult the UK council and ITREB regarding the content specific content I shared for an objective assessment & opinions.

12. If H Motani as suggested or another lawyer writes a letter to you tube please let me have a copy. I doubt any reputable lawyer seeing all your emails will advise or agree to write a letter that on or about 16th August 2014 IPL had copyright and that Ayaz was formally appointed and authorised by IPL to act and make representations to you tube. As Mr Carnegie indicates he did not have all the facts and the evidence.

In view of the above, 1 to 12, Do you accept that you are not respecting our constitution & Farmans of Hazar Imam.

Can you please let us know why you are not doing so, bearing in mind also, the lawsuit against Nagib and Alnaz and the meeting with Hazar Imam on 15th October 2014. I am happy to show a compelling minute by minute account of that meeting to our UK President, Council, Mukhis, NCAB & ICAB with you and M Manji present. Do you also agree there are many similarities for example, no contact, no dialogue, no consultations, not following Farmans, not following our constitution, not involving our councils, local leaders, elders, Mukhis, making false and misleading statements, etc

I also remind you of what Hazar Imam said in GJ Farman in London when Zauhar Meghji was President , and I was Hon Sec of ITREB for Middle East. That sentence was deleted. I was there.

I look forward to hearing from you. As this matter affects the Jamats globally, I have shared these serious concerns with every Ismaili President/council. If any of them believe what you are doing above is under our constitution and our Farmans, then I invite them to please let us know with their reasons. I am happy to also discuss & meet. I am also inviting a response from ICAB, NCABS and Or ITREB.

I am happy to meet you. We did have meetings regarding the lawsuit against Nagib and Alnaz, including the giving of Farmans to the Jamat, the teaching of our rites and practices, the publishing of books approved by Hazar Imam, the bringing together of the many Ismaili websites and maximising their collective benefit for the Jamats internally and increasing the understanding and image of our faith & community. You made promises which you have failed and refused to keep. Remember what you said and did when we at one of our meetings at Gatwick airport & at IIS.

We are on the same side. We seek and want what Imam says. That is what is best for the Jamat and for our families. If you agree let us please NOW do what imam says in Farmans & our constitution.

With Ya Ali Madad

PS - Can I please have an undertaking from you, Ayaz & IPL that if your lawyer writes to You Tube they will copy the letters to me. If you refuse than I propose to send the following letter. Unlike you I am writing to you first. I am doing what Hazar Imam says, and I am giving you an opportunity to agree & to resolve internally.

DRAFT LETTER to You Tube ( subject to any response from Ayaz- IPL & to be finalised

I have evidence from a director of IPL namely Shafik Sachedina that when My Ayaz Somani filed the notification he did not have formal authority to act from IPL and that IPL did not have copyright as claimed. They are now trying to get letters and or agreements from various parties who may or may not be the owners.
His lawyers are suggesting for the lawyer to write a letter to you tube which may persuade you tube. If you receive such a letter please forward a copy to me. I have not received an undertaking I have requested from Mr Ayaz Somani. Their lawyers have not written to me and do not seem to be formally instructed to act by Mr Ayaz Somani and IPL.

Mahebub Chatur

On 30 Aug 2014, at 12:25, "M@chatur.co.uk" wrote:

Thanks. Leaders & members of our community (Jamat) also need to know who knowingly & deliberately misled. misrepresented and or misinformed.

Ayaz Somani and Fariddun Hemani now know the facts , and have copies of the emails by Shafik Sachedina. They cannot now say they did not know. This goes for Shemin Abdulla , her team & others.

They also now know the facts regarding the lawsuit filed against Nagib and Alnaz, including the evidence of forgeries against Shafik Sachedina which has been submitted by Nagib in court and with our institutions.
Ayaz therefore my further requests to you,

Ayaz, Please let us know who told you to file the notice & claim with you tube ? If in writing please share a copy. If verbal let us know who, what was said, and when.
Ayaz, who led you to believe you had authority and when did you know IPL did not have copyright and or proof of copyright.

Ayaz, did you knowingly and deliberately misrepresent and or mislead and or misinform you tube & me.

Ayaz, have you now spoken to N Kheraj & Zauhar Meghji ? Did you gives copies of all my emails to them and to H Motani and Mr Carnegie? Have you now received the IPL Board resolution authorising you. Please let me have a copy. Please do verify all the directors were present and voted.

Ayaz, Have you spoken to H Motani on this matter and if so when and what was said. Was this before you filed your claim ? Was H Motani's Firm formally instructed by IPL ? Was Carnegie formally instructed by IPL. If not, they may may have breached their professional & law society compliance , ethics. rules & regulations. That is also a matter to be considered.

Ayaz, The letter you sent was drafted by Carnegie. Did you know it was drafted by him. Did he call you and take instructions from you. He says he drafted your letter to me as a favour to Shafik Sachrdina without going though all the facts and the evidence.
Ayaz, have you spoken to Faridun and did you know what his involvement was from Shafik Sachedina assuming he instructed you personally to file the claim and or from others like Shemin and or her team ?

I look forward to hearing from you. And also from Fariddun who I am copying this email to. Also from Shemin and her team. I re-confirm I am happy to meet and talk to the appointed Leaders , their authorised representatives. or members of the Jamat.

Once again as Zinat is also saying let us all do not what Shafik is saying but what verifiably Hazar Imam says in Farmans and our constitution.
If we do not respect Hazar Imam, then you are damaging our community, our institutions and brining them into disrepute. Let us please not do that and try to work together, to enhance them for the benefit of the Jamats globally.

With Ya Ali Madad

M Chatur's lengthy letter

Mr. Librarian,

Can you please throw some light on what is happening here?
Does it mean that somehow there are "incriminating" emails floating around re: the Copyright Case?

Thank you.

Clarification

I shared 2 video clips of our National Anthem and homage to Hazar Imam on 11 July 2007. Ayaz Somani without any contact with me filed a complaint directly with you tube claiming that Islamic Publication Limited had ownership and I was infringing their copyright, and that Ayaz wasrepresenting them.

The directors of IPL are Shafik Sachedina, Z Meghji and N Kheraj. I wrote and asked them to explain and to discuss this with me. I copied my letter to all the Leaders involved. They refused any discussion or dialogue. . They still have not. I sent them a copy of my draft my counter notice. (below). They still refused to have any dialogue. This is similar and a repeat of not having a dialogue and discussions with Nagib and Alnaz.

Therefore I filed my counter notice. The video clips cannot be stopped by IPL, unless IPL files a lawsuit against me, proves, and wins. Shafik Sachedina in error sent me copies of his & related emails to the various individuals and the lawyers of what they were planning, including re: IPL and asking Faridun to issue a letter, to IPL to say that IPL are owners of the video/clips.(Faridun Hemani and his company are used by the Jamat's institutions to record and edit many videos/films on behalf of the Jamat.)

Shafik Sachedina with E Rupani, on behalf of IPL instructed lawyers in UK, who include H Motani & H C Carnegie. We know Mr Carnegie has been involved with the lawsuit against Nagib and Alnaz and attended an hearing. Shafik told me It was Mr Carnegie who first instructed Brain Gray & his firm.

COPY OF MY LETTER TO AYAZ SOMANI - EDITTOR OF THEISMAILI.ORG, AND TO IPL
Sent: 16 August 2014 19:01

Subject: Claim that the Video clip containing offerings and pledges to Hazar Imam by every Murid, belongs not to the Murids or to the Murshid, but to a company - Islamic Publications Limited. the Directors are Shafik Sachedina with others

Dear Ayaz,
Ya Ali Madad;
I understand you are claiming that Islamic Publications Limited (IPL), owns this video clip, which contains pledges and offerings given to Hazar Imam, by, and for and on behalf of every member of the Jamat (Murids).
Re : Video title: Promises & pledges by Leaders to Imam-e-Zaman
: By Islamic Publications Limited Representative Mr Ayaz Somani Claimant email editor@theismaili.org

I will apply for a retraction on mainly the following grounds. Can you please let me have a response by return, and also a copy of your instructions and or authorization from IPL. Please let me know your official position with IPL, and please pass a copy of this to the IPL Directors & company Secretary.

Retraction.

1 This video contains offerings including pledges made for and on behalf of members of the Ismaili community.

a. These offerings & pledges were not made to, by, or for or on behalf of Ismaili Publications Limited (IPL).

b. These offerings & pledges were made in a religious context, and were given on behalf of members of the Ismaili Muslim community to His Highness the Aga Khan “as Imam” of Ismaili Muslims.

c. This video contains personal religious offerings of pledges & allegiance to His Highness the Aga Khan as “the Imam” by every member of the Ismaili community (Murids). His Highness accepted these personal and collective offerings and the scroll which was presented to the Imam on behalf of all members of the community world wide.

i. This content of this video was an individual and a very personal special religious offering to His Highness as Imam, by every member of the Ismaili community worldwide.

a. The speaker (communicator), was tasked and admits he made these offerings on behalf of every member of the community.

d. The pledges (personal offerings), made cannot therefore be the subject of copyright, and belong to any other party or parties, and or by IPL

e. This video with pledges and offerings were not intended, or made in a commercial context or any commercial interest.

2 The pledges and the offering in this video were made publicly, and;

a. broadcasted to members of the Ismaili community, worldwide (including a live broadcast ).

3 The pledges and offerings in this video were not only made on behalf of the members of the community,

a. They were also made as “individual” pledges by individual members of the community, and

b. These were for the religious benefit and consumption of all members of the Ismaili Muslim community.

c. In giving these pledges and offerings, AL is using “we” which refers to members of the Ismaili Muslim community, collectively, and as well as, individually.

4 I believe this video is the property of H.H. Prince Karim Aga Khan, as the Imam of the Shia Imami Ismaili Muslim community (Ismaili Muslims), and, it is therefore also communal property, beneficially for, and of every member of the Ismaili Muslim community.

a. His Highness the Aga Khan is also referred to by members of the Ismaili community as

i. Imam-e-Zaman (Imam of the Time).
ii. Khudawin (Khudawand) , (used in this Video by AL)

b. Any claim for copyright of this video which contains offerings and pledges to His Highness by the community, can only be made, if at all, then such a claim can only be made by;

i. His Highness Prince Karim Aga Khan, as our Imam, or

ii. A member of the community against those who are not members of the community.

5 This video contains pledges which were communicated by AL as a trustee, and, for and on behalf of members of the Ismaili community.

a. AL and I, are both members of the Ismaili community.

b. The directors of IPL are also members of the Ismaili community.

c. Every member of the Ismaili community is equal

i. under the Ismaili constitution and
ii. According to our Imam (His Highness Prince Karim the Aga Khan).

d. In the same way as AL, SS, NK, and ZM,

i. I am also entitled to, and to share this video as a member of the Ismaili community, and

ii. we are also entitled under the Ismaili constitution.

6 This video (incl. pledges), are a part of a significant religious event & ceremony of, and for the Ismaili Muslim community.

a. This religious, event and related ceremonies, were held on 11 July 2007, at the official residence of H.H. the Aga Khan at Aiglemont, in France.

b. This event marked the beginning of the celebrations by the Ismaili community of the Golden Jubilee of His Highness the Aga Khan as Imam of the Shia Ismaili Muslim community, for 50 years.

c. The Golden Jubilee was celebrated by the Ismaili community from 11 July 2007 to 13 December 2008.

7 I have not received any evidence of ownership from IPL, or that this video belongs beneficially to IPL.

a. The Directors of IPL know me, and have my contact details

b. The directors of IPL I believe are

i. Mr Shafik Sachedina, (SS)
ii. Mr Naguib Kheraj (NK), and
iii. Mr Zauhar Meghji. (ZM)

a. SS, NK and ZM are members of the Ismaili Muslim community like me.

c. None of the directors of IPL have contacted me regarding this matter.

d. The Directors of IPL have a duty and an obligation to contact me, under the Ismaili constitution,

i. and or under the pronouncements, directions, orders or rulings made or given by His Highness the Aga Khan ( These are referred to as Farmans by His Highness under the the Ismaili constitution. The Ismaili constitution itself is therefore a Farman).

ii. In this respect, SS, AM, and NK, have not respected the Ismaili constitution & the Farmans of His Highness the Aga Khan.

8 Additionally, and in any event,

a. IPL is a trustee for, and or, is one of the Ismaili community’s constitutional companies which is beneficially owned by, and or is beneficially for and held on behalf of all members of the Ismaili community, individually and collectively.

b. Therefore this video (speech), & contents belong beneficially to members of the Ismaili community, who are therefore entitled to have, use, and to share this video and speech.

c. I acknowledge and accept unreservedly, that H.H. Prince Karim Aga Khan,

i. is our Imam (Imam e Zaman), &

ii. has full, absolute and unfettered authority and prerogative, regarding inter alia,

a. this video (pledges), &

b. the Ismaili constitution.

9 Under the Ismaili constitution, the Ismaili community’s constitutional companies and community property are entrusted constitutionally for the benefit of and for, and on behalf of members of the Ismaili community.

a. They therefore belong beneficially to, and, for the benefit of members of the Ismaili community.

b. Those includes this video and the pledges in the video given by members of the Ismaili community.

10 The video contains pledges and allegiances, which were relayed to His Highness the Aga Khan, by AL for and on behalf of members of the Ismaili community

11 I have not been informed that His Highness has been consulted and or that His Highness does not wish the pledges in this video to be shared by members of his community who made the the pledges to His Highness the Aga Khan as our Imam.

12 The address (Farman), by His Highness the Aga Khan to members of the community, following the pledges, during this religious community event were also made to, For, and for the benefit of members of the Ismaili community.

13 This community event including the contents in this video, were broadcasted and also watched live by members of the Ismaili community worldwide.

14 AL the speaker in this video was acting purely as a trustee and or an agent. He was tasked specifically by the community to communicate to His Highness the Aga Khan, what members of the Ismaili community, entrusted him to communicate, in a religious context at this religious occasion and or ceremony.

a. AL, like me, is a member of the Ismaili community and gave these pledges individually, for every member of the community, including me and himself.

b. He was therefore acting on behalf of every member of the Ismaili community individually and collectively

c. AL knows me but has also not contacted me regarding this matter over the last 4 years.

d. For over 4 years, I have shared and discussed the text of the Pledges in this video, and the event with, and with the full knowledge of Al and IPL directors.

i. They have not claimed copyright of the “text” in this video.

ii. These pledges are shared, and continue to be shared by members of the community.

iii. AL, and IPL directors are aware I have previously shared the contents of this video with them , and members of the community in the past.

15 As a member of the Ismaili Muslim community, I am therefore entitled to have, and share a copy of this Video containing the pledges made on my behalf.

a. I am also entitled to do so, under the Ismaili constitution.

b. Sharing this Video pledges, speech, the religious event, including the Farman by the Imam, is and are also

i. in the interest of our community,

ii. in the public interest, and

iii. in imparting an understanding of our Ismaili Muslim faith and practices which we are required to do under our constitution, and .

iv. In accordance with the wishes communicated by the Imam

16 In using this video, I do not have and have not had any commercial intention, interest or benefit.

17 This video (speech), was a part of one of the most significant and historic religious occasion & ceremony for every Ismaili Muslims world wide.

a. The pledges and allegiance given in this video were made specifically, for and on behalf of each member of the Ismaili community, individually as well as collectively

b. Sharing this video, which is an integral part of the record of this important historic religious event with our familes and friends is incumbent on all Ismaili Muslims.

c. H.H. the Aga khan has said in Farmans, and encourages every Ismaili Muslims to, inter alia,

i. Demystify the Ismaili Muslim faith & practices, by sharing, explaining, teaching & imparting an understanding of the Ismaili faith and practices.

a. I am doing so in accordance with the wishes of our Imam, with no commercial interest.

18 In this video (speech), AL, the speaker, is relaying information (pledges), to His Highness the Aga Khan, entrusted to him , and on behalf of members of the Ismaili community.

a. AL is doing so as trustee, and for and on behalf of every member of the Ismaili community.

b. The speech & pledges communicated by AL in this video can therefore only belong to each and every member of the community.

19 IPL is an Ismaili constitutional company for the primary benefit of all and every members of the Ismaili community and

a. Therefore IPL belongs beneficially to the members of the Ismaili community. IPL is one of the constitutional companies of members of the Ismaili Muslim community.

b. IPL are commercial printers who print books mainly for another Ismaili constitutional company or companies.

i. IPL does not have a religious mandate or religious mandates under the Ismaili constitution.

ii. This video, pledges, and the event was a religious event for members of the Ismaili muslims community

a. The Pledges by AL were religious, and were made at a religious ceremony and occasion .

20 I have not received any notification or evidence from IPL, that IPL owns the copyright of this video.

a. I have not received any communication from the Directors of IPL, regarding this video (speech).

i. Nor from any of the other Ismaili constitutional bodies & or members of their Boards.

21 I as a member of the community am also an interested scholar. The directors of IPL are fully aware.

a. This video (speech), and the overall event which includes an address & guidance (Farman), by His Highness the Aga Khan, are collectively used by me and members of the Ismaili community for research, education, & training. There is no commercial intention or interest

i. I and members of the community do so in accordance with the wishes of H.H. the Aga Khan in imparting an understanding of our faith to members of our community and others.

a. H.H. the Aga Khan has also said and encourages members of the community to impart an understanding of the Shia Imami Ismaili Muslims faith and practices, within the broader context of faiths and the faith of Islam as a whole, with a view, also, to enabling an articulation of the principles and practices of the Ismaili Muslim faith.

In view of the above, I am applying for a retraction.
In accordance with our Ismaili constitution and Farmans, it us to make every effort possible to meet & resolve matters between ourselves,

• I have sent a copy of the above to IPL and also asked for proof, evidence, clarification & related information. and
• I have copied this to the President of our UK Ismaili Muslim Council and relevant Boards, members, including AL.

I look forward to hearing from you
With Kind regards
Mahebub Chatur
PS I will be writing to you separately regarding “the Ismaili Anthem & its meaning”

Actually there is a scanned

Actually there is a scanned copy apparently in someone's Dropbox and somehow Gray probably through Sachedina got access to it (they probably had the password from the person that put it there). Gray has suggested that Mr Tajdin is involved and that is mentioned in his Motions against the Defendants to be heard in Court in Toronto on 7 October amongst other things. Knowing all the games and politics played in this matter including the forgeries of Imam's signature, one would not be surprised if all this has only been mentioned to throw dirt on the Defendants as the Defendants are maintaining that they have nothing to do with this Dropbox files.

Actually...............

Thank you.

Copy of my letter to our

Copy of my letter to our Leaders, LIF a& ICAB. If you agree please request Leaders in your areas to do as as Imam has said.

" From: Mahebub Chatur [mailto:mahebub.hatur@btconnect.com]
Sent: 02 August 2014 12:46
To: 'Eqbal Rupanii CEO LIF'; 'Noordin Nanji Chairman ICAB (noordin.nanji@gmail.com)'; 'CEO - Coordinator ICAB AlyAlidina@iis.ac.uk'; 'Ismaili Council President UK aminmawji@blueyonder.co.uk'; 'Shafik Sachedina Head of DJI -ITREBS-IIS-AKDN(shafik.sachedina@akdn.org)'; 'Alnaz Jiwa'; 'Nagib Tajdin'; 'President Aga Khan Council Canada Malik Talib'; 'Ex President M Manji Canada (farimed@rogers.com)'

Subject: 4 years after Mowlana Hazar Imam asked Gray, Shafik Sachedina and M Manji to put the matter to rest, the Copyright case continues....

Nagib and Alnaz lawsuit - The next hearing is on 7th October 2014. This unprecedented and an Ismaili milestone lawsuit and its impact is arguably as big as was the challenge 800 years ago (ses below*) . And remember for example;
• Hazar Imam allowed all those who have books of Farmans to keep them.
o If Hazar Imam did not wish his spiritual children to have his Farmans Imam would have said so.
o On the contrary all Farmans, the constitution and speeches say Farmans are for the Jamat and to be given to the Jamat.

• Hazar Imam has never made any affidavit in this lawsuit.

• On 15th October 2010 Imam gave directions to Shafik Sachedina, B Gray, and M Manji to end this lawsuit

o Imam also said Imam knows Alnaz was never involved.
o Alnaz was never contacted by Shafik Sachedina or M Manji or any Leader.
o The jonint announcments said all efforts were made to resolve the matter amicably.
o NCAB and ICAB were not involved or consulted
o Shafik said Imam said he must consult institutionally. He did not nor did he meet Alnaz and Nagib before of after the lawsuit.
o Shafik said he was not involved in the Lawsuit. Yet we know he was and is and gives instructions to Gray.

So why is Shafik Sachedina and M Manji and M Talib who was VP then, allowing this case to continue & trying to get the names of those who have the books and the costs. If Hazar Imam wanted these Imam would have said so on 15th October 2010. Hazar Imam did not.

Every Leaders and members of ICAB/LIF today should be asking Shafik Sachedina, M Manji, M Keshavjee, M Talib, & A Bhaloo to tell Leaders & Jamat what Imam is telling them..(GJ Farman London).

Standing by and not standing up will cause more damage to our community.

*800 Years ago. The crusades by Christians started in 1095. The reason was because of the increasing mistreatment of Pilgrims going to Jerusalem for their pilgrimage. Saladin succeeded in taking over the Fatimid empire because the Fatimid leadership were not working together and not sharing equitably. They were allowing Pilgrims to be mistreated which was totally against the directions of our Imams.
Saladin succeeded in taking over the Fatimid empire in 1171. Ismailis were forced to move to Syria/Alleppo, and onto Alamut. Saladin pursued them but was not able to succeed, despite the lower numbers of murids with their Imam, because Ismailies were united & worked together in following guidance from their Imams..

Copyright Case continues on 7 October 2014

Docket for 28 July 2014 reads as follow:

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 28-JUL-2014 directing that "The Plaintiff's motions will be heard at a special sitting in Toronto beginning at 9:30a.m. on October 7, 2014, for a duration of 4 hours. Responding motion records shall be served and filed no later than September 5, 2014. Les requêtes du demandeur seront entendues lors d'une séance spéciale à Toronto débutant à 9h30 le 7 octobre 2014, pour une durée de 4 heures. Les dossiers de requête en réponse seront signifiés et déposés au plus tard le 5 septembre 2014." placed on file on 28-JUL-2014 Confirmed in writing to the party(ies)

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?...

4 years after Mowlana Hazar

4 years after Mowlana Hazar Imam asked Gray, Sachedina and Manji to put the matter to rest, the Copyright case continues.

What Hazar Imam said ."..

What Hazar Imam said .".. reversal from fear to hope is rooted in individuals, in the leadership that they provide to the overall impact of civil society. ... the actual process of replacing fear with hope rests with every individual in his or her society. ..When individuals and families and communities, or even nations, come together around new found hope — and this hope translates into perceptible, tactile improvements in the quality of life — that new momentum can be unstoppable. The smile replaces the frown. Conversation replaces silence. Fear of the future is replaced by confidence to respond to its challenges.."http://www.nanowisdoms.org/nwblog/10824/#more-10824

NCAB and ICAB INDIA

Letters as received
TO Firdosh Kassam , ICAB, NCABS and COUNCIL;
Khatidja is saying to following in her application to the Court.

• Afsa their daughter has a heart condition & has health problems.
• NCAB gave a ruling AFTER a hearing ?
• ICAB overturned the NCAB ruling, WITHOUT A HEARING ?
• ICAB dismissed the cross appeal from Khatidja without a hearing ?
• ICAB decided £5000 (5lacs), for each daughter to be in a Bank account. Without a hearing
o Interest per year is less than £40 per month?
• ICAB ordered to effectively throw Khatidja & children out from their matrimonial home. Without a hearing.
• ICAB decided 15 lacs (£15000) for Khatidja. Without a hearing
o ICAB-NCAB know this is not enough for equivalent accommodation & Basics

If reasonable amounts were agreed, will the additional amount, not be less that the legal costs and all the related associated costs, stress, health and emotional problems for the family & children. Have you all considered this also because court and Police cases can take years and the outcomes are at best “uncertain”

Mr Noordin Nanji icab , Mr S Merchant (NCAB India), & Mr Gulam, President Council (India);

Can you let us know if what Firdosh is saying is correct, and or, you are aware that ;

1 You asked Firdosh to intervene and act for Farok and his parents
2 You had meetings with Firdosh and or his client and agreed matters?
3 You jointly approved and issued the NCAB/ICAB order
4 Firdosh was speaking to Noordin Nanji Directly regarding this case?
5 You are aware of the forgeries referred to below
6 You were aware regarding the use of Sharia law knowing that Khatidja had refused to accept.
7 Firdosh was involved in this NCAB case from day one directly and or indirectly ?
8 Khatidja and her 2 children “maintenance ordered by the court, is not given, no food, no education expense of the children, no health expense.
9 And her daughters and she were forcibly thrown out of the bed room to the drawing room where they neither had a bed to sleep or pillows nor access to the cupboards. Her in laws started mentally harassing me and my daughters, by their rude behaviour and callous attitude towards us

Allah proctect me from those who follow you!

A muslim once wrote that "Allah protect me from those who follow you". When unfortunately a muslim kills each other due to various motives or persecutes others who differ, it is why a muslim seeks Allah's protection from a muslim's evil heart. Being Ismaili muslim, if I may seek protection of Ismaili houses and families from persecution and propaganda borne in the evil hearts of our Jamati leaders. But the prayer is designed here with caution, since I can't say that Oh Allah protect me from the evils of those who do not follow the guidance of Your vicegerent (Imam-e-Zaman).

An Indian Ismaili girl's plight in London during her at least two weeks stay at the Mukhi's house; the antagonist propaganda and mud slinging at the two murids of Imam who have done nothing but sacrificed time, energy and of course lost money in publishing mubarak messages of our beloved Imam. There is no deterrent given to those who killed and persecute ismailis in JamatKhana's of Karachi, Northern Pakistan, or elsewhere. The freedom and protection of lives of our central asian jamat has been compromised by other surrounding communities. Why are we not teaching others who hurts us and talk evil of our Imam, to respect our lives, our rights and respect of our Imam. Chinese Ismailis perhaps should be protesting for their rights too and our leaders should fight for their rights as well... no that's too daunting to ask of Jamati leaders who find it easy to go after jamati members rather than Suni muslim or non-muslims for that matter.

To me as Ismaili, our history our ismaili flag has shown that we have not taken revenge upon those who have publicized against us or even hurt us. What has changed now? Is the life Imam Ali (AS), Imam Hussain (AS), .... lives of various Imams throughout our history now forgotten, including their forbearance. Then, why our jamati leaders have been spinning propaganda machine against those who disagree with them.

Why are these murids chosen and painted as worst enemies of our faith? Why are these leaders not seeing the light of the Quran and Farmans of the Imam.

Complaint against Tobacco (Cigarettes) in Ismailies colony

My complaint is about societal issue in Ismaili society at Karachi-Pakistan. My problem related to tobacco and my question is mention below.............

Is buying, selling and usages of cigarettes allow within of ismailies colony or not?

If no then who is the responsible person or committees for it?
If yes then give me an example of any ismaili famous personality who did smoking in past History.

Let me introduce myself i am the one who got allergic problem with cigarettes. I live in one of the prestige ismaili colony i.e. Gulshan-e-Noor at Karachi.

Do you guys know about the disadvantages of passive smoking???? i am suffering from this consequences each and everyday of my life..... you won't believe it how bad it is....

I mean no body taking responsibility to stop smoking in ismailies colony.....

I would be very grateful to you if you will going to stop this kind of disease i.e. also transferring in teenagers of ismailies communities.....

Thanks and Regard,

Imran Muhammad Aslam
Good for nothing

My email ID cool_imran007 [at] hotmail.com

ARE NCAB AND ICAB BEING

ARE NCAB AND ICAB BEING FAIR, JUST, PROFESSIONAl, COMPETENT, ACCOUNTABLE, TRANSPARENT, AND HELPFUL, FOLLOING FARMANS AND ETHICS...Letter sent to Leaders as received

We were all at JK last night. We were reminded to read & follow Farmans. We prayed to be united, to be Farman Bardari, and to work together for the benefit of the Jamat. We said Ameen.

In the Waez, we were reminded to make Farmans a part of our daily life. The Farman was quoted for us to take our Tasbih and call the name of our Imam (see below). In that Farman Hazar Imam also also said the following. I look forward to hearing from NCAB-ICAB to my specific and reasoned requests which are all in accordance with Farmans and the ethics of our faith.
Mahebub

“ the Jamati constitutional bodies, can make significant contributions to the Improvement in the quaility of life. And I will give you an example which is the mediation-arbitration where all people in the Developing World are faced with a very high costs of litigation, unsure outcome and sometimes worst, that is, judicial systems that are, frankly, corrupt. Society cannot function in these envoirnments, and we have constitutional bodies dealing with issues such as these. And, more and more I believe that, if the Jamat wishes it, we can make these bodies available to people outside the Jamat because we have the knowledge and the experience of running these institutions in a competent professional manner So I am saying to My Jamat today don't be surprised if the Imam-of the Time says in two or three or five years, Alright, Arbitration, you can make yourselves available to people outside the Jamat, And this is the notion of building civil society, where the competencies of a community become competencies of a wider national scale..”

“ You can call on the name of the Prophet, Saiia Aiiahu Aiayhi wa Ami wa Salaam. You can call on the name of Hazrai Ali You can call on the names of the Imams. You can call on the name of the Imam-of-the-Time. You have the possibility to practise in a simple manner, unbeknownst even to others, your faith by remembering, remembering, remembering, remembering. Remember, and never forget, if you forget, you have given away the world of the soul and you have let it be totally replaced by the material world around you, and this is not acceptable. So I am saying to My spiritual children, whatever the pressures of your lives, when you are young, middle aged, older, never forsake the remembrance of your faith. (2005)

From: m@chatur.co.uk
Sent: 18 July 2014 10:19
To: 'aminmawji@blueyonder.co.uk'; 'Vice President Alwaez Shiraz Kabani'; 'Salima Bhatia'; 'nadiabhimji@yahoo.co.uk'; 'Nazmin Kassam Chairman NCAB UK '; 'Noordin Nanji Chairman ICAB (noordin.nanji@gmail.com)'; 'CEO - Coordinator ICAB AlyAlidina@iis.ac.uk'; 'President Aga Khan Council Canada Malik Talib'; 'Eqbal Rupanii CEO LIF'; 'Vazir Azim Lakhani EX Chair LIF (azim.lakhani@btinternet.com)'; 'Mohammed Keshavjee (isabelle.cirot@aiglemont.org)'; 'Vazir Azim Lakhani EX Chair LIF (azim.lakhani@btinternet.com)'; 'Khan'
Cc: 'Mukhi Salim Janmohamed West London UK'; 'bubblykay@hotmail.co.uk'; 'gafoor111@yahoo.com'; 'Alnaz Jiwa'; 'Nagib Tajdin'; 'Mansoorali noorani'; 'Rubbina Shaheen (rubbinashaheen786@gmail.com)'; 'nimet.hirji@iiuk.org'; 'Shafik Sachedina Head of DJI -ITREBS-IIS-AKDN(shafik.sachedina@akdn.org)'; 'amyn.kassim-lakha@akdn.org'
Subject: Serious case of Karima ... REFUSAL meet , conciliate or provide information......criminal matter s...

Thanks. Do you agree Zina is right and,

1 Regarding NCAB-ICAB Jurisdiction NCAB and President of Councils know they are wrong, constitutionally legally and according to Farmans. And
a. Every member of NCAB board does not have a full copy of our constitution including all the related Farmans.
i. Yet they have all signed an oath to protect and uphold the constitution and are a party to NCAB decisions.
ii. Assuming Nazmin is acting collectively and not individually or with President UK, & a close inner circle.
b. We all know NCABS have mediated in resolving differences and disputes between Ismailies where some Ismailis held leadership positions.
c. I have requested information and clarification from the UK Legal Board, and that is being delayed because I assume Nadia Bhimji will do whatever Amin Mawji tells her as the Board reports to the President.
i. If She were to do what Hazar Imam and the constitution says she would have responded by now. Am I not right Nadia ?

2 NCAB makes this "new excuse" after 7 months. Why not say this in December 2013?
a. NCAB is continuing to frustrate and delay Karimas Case and requests, and knowing they are causing more pain and suffering. They know this, and yet refusing to meet and give information.

3 Regarding giving her Files and not giving the information they know Karima is entitled to them, including to the money she was promised & guaranteed by those Ismailies involved and who made sex a precondition and some were in positions of trust too.

4 I made serious against 3 Ismailies who happen to hold leadership positions.

a. NCAB and ICAB have so far tried to frustrate and delay rather than meet and or conciliate.
b. Not even to help meet in preparing cases or any conciliatory traditional intervention of elders as NCAB say opening and publicly they do. say they do.

5 NCAB have not provided the full constitution with all the related Farmans & rules, let alone verified copies including NCAB and ICAB approval signed minutes, having

a. clear and irrefutable evidence of tampering changing deleting sections and parts of Farmans and speeches. And
b. evidence of forgeries submitted by Nagib Tajdin to NCAB & ICAB.

6 Every NCAB member must request and have verified copies of the full constitution and all the related Farmans, and not rely of what Nazmin and his inner circle say to them verbally.
a. That is if they want to respect their Bayah, pledges. Allegiance and " additional " Oath they have signed. Remember what you say Ameen to in JK & in your prayers daily.

7 Regarding Meeting request for 8 months. Karima is planning to come to London and if NCAB agrees to meet I can arrange as I have said before. The reason I am meeting Karima is to help her prepare and be prepared for her case, which sadly may have to go externally to the authorities and or the courts.
a. That is because NCAB and President UK are not respecting (& going against), the wishes and Farmans of Hazar Imam & Imams.

I look forward to hearing from you.

Request for information from

Request for information from Leaders regarding editing out & non availability of many of Aga Khan's public speeches-Vidoes

On 18 July 2014
Can you explain why our official sites (akdn/theismaili.org) have not published any MHI's photographs/news of visit to Aiglon and or his public remarkable speech at students graduation in Switzerland.
And why MHI's jokes were edited out from the video of his speech at Toronto at Massey Hall and in his speeches at Brown (both in 1996 (see IIS copy) and 2014),
NOW why entire speeches, made in the public domain, have been removed ?
Mahebub

Time line chronology of Video of the Switzerland Graduation Speech/Video.
June 21:
Mawlana Hazar Imam speaks at Aigln's graduation ceremony.
(see 2014.06.xx-aiglon-announcement-akiv-is-keynote-speaker.jpg)

June 23:
Aiglon posts news about the ceremony and that MHI was a speaker.
(see 2014.06.23-aiglon-news-akiv-spoke-and-question-about-speech-transcript-video.png)

June 24:
On the news item, a person asks if the school will provide a transcript or recording of the speech. Aiglon replies they will post the video upon approval of MHI.
(see 2014.06.23-aiglon-news-akiv-spoke-and-question-about-speech-transcript-video.png)

June 26:
Aiglon posts 8 videos of the graduation ceremony to their Vimeo channel here:
http://vimeo.com/aiglon/videos

MHI's speech was part 3 of 8 at this URL which is now deleted
http://vimeo.com/99236059
(see 2014.07.14-aiglon-google-cache-for-akiv-video-(part-3-of-8)-on-vimeo-#99236059.png)

June 30:
Aiglon posts news that MHI's speech is available on video and embeds the video in the news post.
(see 2014.06.30-aiglon-news-google-cache-of-akiv-video-(originally-posted-on-06.30-now-deleted)-vimeo-#99236059.png
NOTE: This screen-shot was taken after the video was deleted so it's showing as "not found")

July 4:
IsmailiMail posts the video at the link: http://vimeo.com/99236059

July 5:
NanoWisdoms posts the transcript of the speech.

July 14:
Google reports the video of the speech is still available.
(see 2014.07.14-aiglon-google-cache-for-akiv-video-(part-3-of-8)-on-vimeo-#99236059.png)

July 15:
The video of MHI's speech is deleted from Aiglon's Vimeo channel (visit http://vimeo.com/99236059 and see).
MHI's video is deleted and part 3 of the graduation video (originally MHI's speech) and only 7 videos of the original 8 remain.
All other videos are renamed to reflect there are only 7, not 8, videos in the graduation video series.
(see 2014.07.15-aiglon-new-part-3-of-7-video-on-vimeo-#99236059.jpg)"

Contempt towards sayings of Imam

This shows the level of contempt towards Mowlana Hazar Imam's speeches from politicians working around (surrounding) the Imam.

But with so many cache-servers and backups all over the place nowadays on the Internet, how irrational of those who are trying to hide what Imam says.... They can never succeed!

There is a saying from Krishna "Truth is self-evident"

INstitutions in East Africa

Nizar Juma who has multipositions gives an update.(see list of his Positions below). Aga Khan community companies are expanding in East Africa and across the African constitnent.

Nizar Juma Chairman says, Insurance and financial services group Jubilee Insurance won a joint 30-year concession deal to operate Uganda’s Bujagali hydro-electric power project, helping to diversify its revenue streams with the potentially lucrative contract.

Aga Khan community effectively own about 40% of Jubilee insurance. The company, which owns Jubilee Insurance, is a joint shareholder in the 250-megawatt Bujagali Energy Limited through its subsidiary Jubilee Investment Company.

The Ugandan government, US-based hedge fund Blackstone and the Aga Khan Fund for Economic Development are the other shareholders. The shareholders & underwriters of the equity fund for the Bujaggali investment are not disclosed.

“We will earn a share of the profits generated by the project during the period of the concession,” Jubilee board chairman Nazir Juma told the Business Daily in a telephone interview from Mauritius.

Jubilee Holdings is primarily listed on the NSE and also cross-listed on the Uganda and Dar es Salaam
Jubilee’s effective equity interest in the Bujagali project is not disclosed. Building of the Bujagali plant lasted five years, with the partners contributing to the construction cost of $900 million.

The Bujagali venture is part of Jubilee’s strategy of diversifying away from bonds and quoted equity investments. The firm has also invested in Tsavo Power, a private electricity producer in Kenya.

Jubilee also has interests in property development and fund management besides holding a stake in fibre optics infrastructure firm Seacom in which the total investment is over $650 million

Besides increased investments in private ventures, Jubilee is also seeking to expand its insurance operations across the continent. Jubilee hires former AIG executive to drive expansion bid Mr Juma told the Business Daily in an earlier interview that Jubilee is targeting to enter at least four new markets in the medium term. It currently operates in five countries through insurance subsidiaries in Kenya, Uganda, Tanzania, Burundi, and Mauritius.

Nizar Juma says “ Aga Khan Development Boards (AKDN),  where we join hands with hundreds of companies for various services, but only when they pledge not to accept or offer bribe. So before we go for an alliance with any firm, we ask 'do you want to be blue?' And see, we are always among the top 25% whatever field we jump into…”

Multi Positions of Nizar Juma
 
Chairman
Bujagali Energy Limited - Uganda
3000 employees during peak construction
2007 - Present (6 years)

Chairman
Tsavo Power Kenya
1995 - present ( 17 years )

Chairman
SEACOM LTD
Privately Held; 51-200 employees; Telecommunications industry
April 2007 – Present (6 years Mauritius/Africa)

Group Chairman
Jubilee Holdings Ltd
August 2004 – Present (8 years ) East & Central Africa

Board Director
Diamond Trust Bank Kenya Ltd
Public Company; 501-1000 employees; Banking industry
April 2002 – Present (11 years ) Kenya

Member of the Board of Directors
World Business Academy- Business Academy – San Francisco
May 1995 – Present (18 years ) San Francisco

Founding Trustee
Vice President for Africa

Group Chairman
Industrial Promotion Services Ltd
July 1982 – Present (30 years ) East & Central Africa

Managing Director
Orbitsports Limited
January 1968 – Present (45 years ) Nairobi
Private Manufacturing & Trading Company

Chair - Managing Director
Adidas Teams ports Limited
January 1968 – Present (45 years )
Private Manufacturing & Trading Company

Managing Director
Kasena International Limited
January 1968 – Present (45 years )
Private Manufacturing & Trading Company

Chairman
Aga Khan Health Services
July 1996 – July 2003 (7 years ) Kenya
 
Chairman and Managing Director
Adidas Team Sport Limited

Aga Khan Conciliation and

Aga Khan Conciliation and Arbitration Boards confirm they are constitutionally , speedy - resolve issues within the community - are conciliatory - cultural ethical traditional , intervention by elders - NO legal costs - & inexpensive

In this lawsuit Shafik Sachedina is going against what Imam is saying in refusing to conciliate , mediate, have dialogue, work together and not resolve this internally ?

Shaukat Merchant, chairman of NCAB India says, “The idea of the board is to have speedy disposal of justice in a conciliatory manner rather than go to court to fight long winding and expensive legal fights,” says Merchant. litigants are not expected to pay for filing cases. Administrative expenses of the board are low because members offer their services free. Another attraction, apart from speedy and inexpensive, is the fact that details about disputes remain confidential, and within the community.

“The atmosphere at these board offices are conciliatory because most people know each other.. the presence and intervention of community elders ensure that most disputes are settled amicably,” says Merchant.

The Aga Khan says all

The Aga Khan says all Ismailis must use their internal arbitration court at no cost and they are independent & objective. He would not say that and then do the opposite. He said recently that in copyright cases lawyers will and earn millions. That part was deleted in the Ismaili official reporting !! Following is announcement by NCAB
"
From Conciliation and Arbitration Board Services USA
" Do you need help in resolving a dispute? Did you know that you can contact your Regional Conciliation and Arbitration Board for help? The reality is that the traditional court system is not always the most effective way to resolve disputes. Lawsuits can cost thousands of dollars, are time consuming, and produce winners and losers. Mediation/dispute resolution by the Conciliation and Arbitration Board (CAB) is a confidential, culturally sensitive process and CAB's services are provided at no cost. For more information, please contact Chairman Azmina Sonawalla or call (732) 841-8476."

In the 1998 constituion

In the 1998 constituion (Farman), Hazar Imam says the following.

" (I) It is the desire and Hidāyat of Mawlana Hazar Imam that the constitutions presently applicable to the Ismaili Muslims in different countries be superseded AND THAT THE ISMAILI MUSLIMS WORLDWIDE BE GIVEN THIS CONSTITUTION in order better to secure their peace and unity, religious and social welfare, to foster fruitful collaboration between different peoples, to optimise the use of resources, .."

The constituion is a Farman. Any Farman can superseed this Farman (constituion). Therefore it follows that all Farmans must be given to all Ismaili Muslims worldwide.

A Farman can abrogate any article in the Ismaili Constitution.

Yes, since the Constitution provides for any article to be abrogated by a subsequent Farman, all of the subsequent Farmans should be made available to the Jamat.

But what can we expect when we have people in position of responsibility swearing by the Ismaili Constitution when they have never seen a copy of the Ismaili Constitution in their life.

Every appointee must ask for

Every appointee must ask for a copy of the constitution & farmans before swearing an oath to say they will protect and uphold the constitution

In the Bangladesh Farman in 2013, MHI said that he wants all those present to communicate the Farman to their families and to their Jamats, who are not present today. Those present were Jamat and included leaders. This Farman applies to all those who are present including the Leaders.

By not giving Farmans to every murid, Shafik Sachedina and those supporting him, are going against what Hazar Imam is telling them to do.

Therefore any one who has the constitution and Farmans must give them to their friends families and Jamats.

Unbelievable ... this cannot be true?

Writhing in momin's pain of Parakh and Kasoti (Trials and tribulation)

Is the Head of Department of Jamati Institution aware of this act? MHI’s many Farmans (it's from memory please don't sue me), exhorts us to live by the spirit of Islam. Since we are Muslims, we are asked to live with the ethics of forgiveness and generosity. How much a Muslim leader practices their faith by hurting their fellow muslim. May be SS is not aware of this court order or is SS the motivator for this continuum of Ismaili community's painful internal breakdown.

Is this a weapon of long defence or vindictive gift of Department of Jamati Institutions to the loyal and staunch members of Shia Imami Nizari Ismaili Muslim community on the occasion of auspicious upcoming celebration on July 11 of the enthronement of our beloved MHI (May peace be on Muhammad and his progeny)?

When community is attacked externally it is obvious but alas what is painful when the attack is insidious and there is no obvious attack but a silent disease permeates from within the body. The members of our community represent a composite body. Those leaders when commit acts of vengeance and subjugation, reward those who are connected or in close circle to them and expect members of community to respect and espouse them with their egotistic attitudes of discrimination, the source of the chronic sickness is spread further out in all of our body.

We aspire and pray that jamat would render this cause useful by vocalizing in all possible forms their direct support to the principles and sanctity of our social and spiritual values. Let’s not be bystanders and be involved in every way including our spiritual support to steer our community leadership become more responsible and accountable for how they treat the members of our community.

Letter of compliant by Dr

Letter of compliant by Dr Rubbina Baloch, to Shafik Sachedina against Leaders of shutting down schools, and of harrasmant & threats of arrest and false allegations of women traficking.... As Received.

Thou knowest all,
Dated: June 27th 2014
Mr. Shafik Sachedina,
In order to refresh your memory , I am working in Pakistan since August 2008 running Ngo called Global Learning Academy in light of the vision of Mowlana Hazar Imam Golden Jubilee faramins focusing on providing quality education to the under privileged communities of Pakistan.
GLA initiated a Community Health worker/Nurses Aide Program for one year as of this month where girls students from Gupis, Yasin, Gizar, Gakuch and Chitral registered with us. They were provided lodging and Tuition facilities at the rate of Rs 4000 per month with admission fees of Rs 1000. Our Faculty and location included two 18 rooms facility one for boys and girls each with a hospital belong to current Federal Govt official which has all the facilities.

While this activity was going on President of regional Council Pindi Mr. Rehmatullah Berdai along with President Local Council Mr. Sultan Mehmood and Ex Mukhi of Pindi Mr. Asghar Baloch with local council members managed to stage the drama by accusing us for women trafficking and smuggling of young girls to Europe and Canada. They sent undesirable elements representing themselves as the officials of Esteemed organization (ISI) of the country who harassed us and threatened us of dire consequences by getting us arrested and defaming us at the national and international level and pressurized the parents who took away their girls thereby depriving the girls for quality education. This sad and disgraceful event occurred at the behest of the jamati leaders which left the entire Gilgit, Chitral jamat and our federal and international faculty into the shock and also propagating that an ismaili khidmatgar is indulging in such in human criminal activities which has brought the entire ismaili community a bad name in capital city of Pakistan.

Our Board directors being Retired Commodore of Navy , retired Maj.of Army current Col. Of Army and many other govt officials to believe how our community is using political tools to shut down a completely non corrupt operation.

Not with standing that irreparable damage has been done, may I request your good self to aware Mowlana Hazar Imam of this unwarranted conduct of the present leadership of Imamat institutions and seek his blessings and guidance for us that how should we handle this matter within and outside community.
We humbly beg the blessings of Mowlana Hazar Imam.
Thanks

Yours Sincerely,
Dr. Rubina Baloch glaislamabad@gmail.com

letter to Leaders

Sent: 29 June 2014
To: 'Shafik Sachedina Head of DJI -ITREBS-IIS-AKDN(shafik.sachedina@akdn.org)'; 'Ambassador Aziz Bhalloo'; 'Mohammed Keshavjee (isabelle.cirot@aiglemont.org)'; 'Ex President M Manji Canada (farimed@rogers.com)'; 'Vazir Azim Lakhani EX Chair LIF (azim.lakhani@btinternet.com)'; 'Noordin Nanji Chairman ICAB (noordin.nanji@gmail.com)'; 'Nazmin Kassam Chairman NCAB UK (nazminkassam@gmail.com)'; 'President Aga Khan Council Canada Malik Talib'; 'Ismaili Council President UK aminmawji@blueyonder.co.uk'
Cc: 'Nagib Tajdin'; 'Alnaz Jiwa'; Salima Bhatia (salima@salimabhatia.com); 'FDaftary@iis.ac.uk'
Subject: Farman case New motions filed on Chandrat & eve of Ramadan .....

New motions (Applications), filed in court on 27 June 2014 (filed on Chandrat & start of Ramadan). They are asking for costs & names. Do you agree that
• Hazar Imam has never and would not wish to do this against any spiritual child, in court, and esp. knowing the following**. If you disagree please clarify and let me have related farmans and documents. I am happy to meet you. (Link to the Two motions filed)

• S Sachedina , A Bhaloo, M Manji, M Talib, M Keshavjee, and A Lakhani (Leaders involved)should have met and should now meet Nagib and Alnaz to end the lawsuit and work together as Imam has directed?
• Current Leaders/Mukhis must meet intervene to meet/resolve this internally, as Hazar Imam directed on 15th October 2010, and in Farmans
**WE KNOW.
1. Shafik Sachedina (with others), is giving instructions to the Lawyers. He has said Hazar Imam is personally giving instructions.He has also said Hazar Imam did not ask him to file any affidavit and that he did not discuss his affidavit with Hazar Imam.
2. Hazar Imam has never filed any affidavit in this lawsuit.
3. None of the Leaders involved made any effort to meet Nagib Tajdin or Alnaz Jiwa before the lawsuit (This is totally against Imams specific & general Farmans)
4. None of the Leaders involved met Nagib or Alnaz after the lawsuit to resolve this internally and to end the lawsuit as Imam has directed (This is totally against Imams specific & general Farmans)
5. In the Joint ITREB/Council/LIF announcement t the Jamat they said every effort was made to resolve this internally . (This is totally against Imams specific & general Farmans)
6. Shafik said in court Hazar Imam did not ask them to file an affidavit, and yet he and Aziz Bhaloo decided to file affidavits. (This is going against Imams Farmans)
7. Hazar Imam asked Shafik and M Manji to end the lawsuit and work together with Nagib and Alnaz. This was on 15th October 2010. (They have not done and so are going against Imams Farman).
8. Those who have Nagib’s books of Farmans have been allowed by Hazar Imam and the Court to keep the book of farmans. This was reconfirmed by Hazar Imam on 15th October 2010***. (Hazar Imam wants Farmans to be shared with the Jamat)
9. Hazar Imam authorised the publication of Farmans. This was confirmed by Shafik Sachedina, LIF, Councils, & ITREBS in their joint announcement to the Jamats in 2010. (They have not done what they say Hazar Imam has asked them to do)
10. On 15th October 2010, Hazar Imam said he remembers the Mehmani when the first book of Farmans was published by Nagib in 1992.
11. Hazar Imam asked Shafik and M Manji to work with Nagib and Alnaz. (They are not doing what Hazar Imam has said)
12. In April 2011, M Ebrahim (Nano Wisdoms) was given special permission to publish Imams speeches (which are Farmans). (Therefore Hazar Imam wishes Farmans to be published by Ismailis & shared globally)
13. Hazar Imam has not filed any affidavit in this lawsuit.
14. On 15th October 2010, Instead of saying I have filed the lawsuit, Hazar Imam gave guidance to work together and end the lawsuit. (Shafik and M Manji did not do what Hazar Imam said)
15. Listen to the attached Farman excerpt. The sentence was deleted from the Farman given to Mukhis, and read in Jamat Khanas.
16. Farmans are for the Jamat, and to be shared with and by the Jamat.
17. Nagib Tajdin has submitted evidence of forgeries to the Leaders including to ICAB and NCAB. They have refused to investigate which is against the constitution and Farmans
18. The lawsuit time line below leading up to the filing of the lawsuit and what SS said on 15 April 2010.

REGARDING 24 BOOKS ALNAZ RECEIVED - QUESTIONS FOR ALNAZ ?
1 Names and addresses of distributors of the books?
2 Name of the person who gave the 24 books to him?
3 List of names to whom he gave the books to as a gift
4 full List of names of every person Jiwa sold the book to.?

• ALNAZ OFFERED TO PAY THE FULL AMOUNT AND COSTS TO HAZAR IMAM. LEADERS INVOLVED HAVE REFUSED TO ACCEPT.

• ON 24TH OCT 2010 NAGIB AND ALNAZ SAID TO HAZAR IMAM ALNAZ HAD NOTHING TO DO WITH THE PUBLICATION & DISTRIBUTION OF THE BOOK.
• HAZAR IMAM SAID “I KNOW”.

WHY WOULD THEN IMAM CONTINUE THE LAWSUIT ?

THE 5 QUESTIONS IN THE MOTION FOR NAGIB TAJDIN
1 Total book printed
2 No of books sold
3 Amount received from sales
4 Cost of Books
5 What award of “interest”
On 15th October Hazar Imam did not ask for any of these, and allowed all those who have the books to retain them to have, read, understand implement, share with their family and friends.

What your Joint announcement said
“..The Jamat will be pleased to be informed that Mawlana Hazar Imam has already approved that the Jamati institutions should formally publish a volume containing the approved texts of his Farmans, including those made for the Golden Jubilee. This will be made available to the Jamat in the near future...”

“.The Jamati institutions will continue to keep the Jamat informed of further development,;in this matter, as appropriate..”

“..LIF and the National Council hope that the Jamat will appreciate that the recent legal steps have been taken as a measure of last resort, and only following the failure of this group to respond positively..”

The Imam said that you know

The Imam said that you know from our history that when the Farmans have been edited, the Dai'is have been hurt.

He said this in the presence of Sachedina in Toronto on 15th of October 2010. But even after that they, the gang known as "Uparwalla" have continued editing The Imam in complete contempt of what He said!

The questions to Nagib have been replied since a year or more

The questions to Nagib that you have mentioned have already been replied since more then a year.

What is asked now is names of people who bought the book, his computer, his bank accounts and more affidavit of documents . Obviously these have nothing to do with estimating the damages and profit, it is just further attempt to prolong the case.

And there is a further attempt to restart the process with more affidavit of documents and continuing the harassment with more discoveries etc...

At face value, it would look like Gray can make more fees by prolonging the case [unless he is working for free haha) and Sachedina wants more revenge because Nagib has disclosed publicly Sachedina's involvements in the forgeries of Imam's signature. A very difficult pill to swallow for Sachedina as he completely lost his credibility in the process, except maybe in the eyes of some of his close friends..

prolonging the case

This is my humble interpretation of the lawsuit being prolonged:-

At Browns University, MHI is talking about issues that deal with the modern world and how Islam and its scholars have
been marginalized and more or less ignored. Yet He (out of nowhere) alludes to AL-KHAWARIZMI and his algorithms
which today have become the basis of search engines in the IT world. Then He (very cunningly and satirically) talks
about AL-KHAWARIZMI patenting his work and where that would have led to modern day lawsuits and lawyers either making it or breaking it.

Mr. Librarian, why do you think MHI inserted this irrelevant piece in His very solemn and stern speech? He even
mentions this as an aside for Him.

To me, this is a deliberate reference to the copyright lawsuit, where except for the lawyers, no one really wins in the eyes of the courts. (We know who the real "WINNERS" are, don't we?)

Thank you.

March 10, 2014 Brown University lecture Deleted Written Version

I agree and like the sentence in the Golden Jubillee London Farman sections were deleted from the speech.

March 10, Brown University lecture Deleted Written Version (You Tube 9:00 – 9:06)

I have long felt a close sense of belonging at Brown; my eldest son “who is looking at me with intensity” was a member of the Brown Class of 1995, and I treasure the fact that I received an honorary degree from Brown, and was privileged at that time to give the Baccalaureate Address.

Deleted written version (www.Nanowisdoms.org 13:00 – 14:30) (YouTube 20:20 – 22:00)

“I wonder what would have had happened if Al-Khwarizmi had patented or copyrighted his algorithm and I try to analyze what would be the consequences. Well, the first consequence is the copyright lawyers around the world would either be billionaires or bust, those who have broken the copyright would be billionaires and others would be good bye.

Secondly the programs probably itself would have been renamed, so if they had been renamed either they would have Muslims name or they would keep their names. If they have Muslim names they would in Arabic or Turkish or Persian or Urdu and none of you would be able to pronounce those names. If the names were kept then they would be printed in the developing world and you know what it’s like to print English in the developing world, so the twitter would become twit, Google would’ve became giggle and a good friend Bill Gates would be “pith - making a sound and demonstrating a gesture of something disappearing … poof” that would be the end of Bill Gates.
But I can’t be serious all the time and sometime I like a good laugh. So I on the other hand must get back to serious matters because this is suppose to be a serious lecture.”
*(pith – transitive verb - to cut or destroy as part of an experiment)

Who deleted what the Imam said on Copyright? And why?

Of importance is the fact that someone has deleted the whole paragraph that Hazar Imam inserted in his Brown Speech on Copyright where he so obviously shows that copyright on knowledge would have been detrimental for human progress. Why is that paragraph missing in the transcript on the akdn.org website? Who has censured the Imam? The same people who try to censure the Farmans?

The video of the speech is available on the net and there is no question people are manipulating what the Imam said about copyright and you are right, the entire paragraph was a public position our Imam took on Copyright considering the case was wrongfully launched by affidavits of Sachedina and Bhaloo, not by any affidavit of the Imam.

What Imam said few weeks ago

What Imam said few weeks ago in Switzerland. Imam made reference to judges and fear of them being corrupt. Was this also not a reference to the lawsuit and need to replace fear with dialogue and conversation. Is that not what imam said on 15th Oct 2010?

" Some 20 years ago, the President of the World Bank and I attempted to achieve a better personal understanding of the causes of poverty, particularly in the developing countries. We commissioned a wide, multi-national survey; carried out thousands of questions. And we were trying to find out what we needed to do in order to address poverty around the world, and how to prioritise our decisions, our actions. To our very great surprise, the number one cause of poverty in the developing world at that time was fear. It was extensive fear in the rural areas, but also amongst the newly urbanised populations. It was fear of a micro-credit officer who would not extend a loan without a commission. It was fear of a school teacher who would fail a student unless he was paid by the parents. It was fear of the doctor who pretended to have been through medical school but had never gone to medical school. It was fear about the judge who took a commission in order to give an unjust decision. And that scope of fear went further. It was fear of the money lender, it was fear of city gangs, it was fear of the exorbitant property owner. One has to be aware that these forms of fear were anchored in human relations, but they extended also into the environment. The fear of drought, infected crops, landslides, earthquakes, and tidal waves.

So you may be asking yourselves, if fear is omnipresent — as I believe it is, what does that mean about the world in which the graduands of l’Aiglon will enter? And you will be asking yourselves how, as nano-players on the global scene, you could cause positive change to happen for yourselves, your families, your peoples. My answer is: hope. Fortunately, just as fear can be infectious, so hope is infectious.

When individuals and families and communities, or even nations, come together around new found hope — and this hope translates into perceptible, tactile improvements in the quality of life — that new momentum can be unstoppable. The smile replaces the frown. Conversation replaces silence. Fear of the future is replaced by confidence to respond to its challenges."

motions and letter

Can you please upload the 2 motions and letter of 19 June 2014 mentioned in the court docket.

Two motion$ filed by Brian Gray - Prolonging the ca$e again

There are two motions filed the same day:

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable (but no hearing date indicated at this time) for an Order pursuant to Rule 227 requiring the Defendants to produce a further and bette affidavit of document; requiring the Defendants to re-attend examination for discovery to answer under oath in respect to documents now produced; costs filed on 16-JUN-2014

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable (but no hearing date indicated at this time) for an Order requiring the Defendants to answer outstanding and deferred questions identified in paragraph 5,6 of this Notice of motion; costs filed on 16-JUN-2014

http://ismaili.net/heritage/files/2014-06-16-gray-motion1.pdf

http://ismaili.net/heritage/files/2014-06-16-gray-motion2.pdf

The frivolou$ nature of those motion$ does not deserve comment$.

From Docket

Result of Hearing: Mr. Gray to bring a motion with respect to the 5 outstanding court of appeal questions and the questions deferred no later than June 16, 2014. A separate motion for further and better affidavit of documents may be brought at the same time. held in chambers Duration per day: 02-JUN-2014 from 10:00 to 10:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 30min Appearances: Mr. Gray/Mr. Garin 416-216-1905 representing Plaintiff Mr. Gervais 514-288-4241 representing Defendant Minutes of Hearing entered in Vol. 907 page(s) 151 - 152 Abstract of Hearing placed on file

Gray continue to ask names of Ismaili who bought the Farman Book

Doc Date Filed Office Recorded Entry Summary
- 2014-05-26 Ottawa Communication to the Court from the Registry dated 26-MAY-2014 re: letters received on behalf of both parties dated 21-MAY-2014
- 2014-05-22 Ottawa Lettre de la partie défenderesse en date du 21-MAI-2014 en réponse à la lettre de la partie demanderesse en date du 21 mai 2014. Des dates de disponabilités de la partie défenderesse sont inclues. reçue le 22-MAI-2014
- 2014-05-21 Ottawa Letter from Plaintiff dated 21-MAY-2014 pursuant to the Direction of the Court that the Plaintiff intends to seek a determination of the questions still at issue and that it is necessary for such determination be made prior to further steps being taken in this matter. Dates of availability are included on behalf of the Plaintiff for a case management telephone conference. received on 21-MAY-2014
- 2014-05-08 Ottawa Acknowledgment of Receipt received from both parties (by e-mail) with respect to the Direction of the Court dated 7-MAY-2014 placed on file on 08-MAY-2014

Justice Harrington is designated as referee in this

Recorded entry(ies) for T-514-10
(Close)

Court number information Court Number : T-514-10
Style of Cause : HIS HIGHNESS PRINCE KARIM AGA KHAN v. NAGIB TAJDIN ET AL
Proceeding Category : Actions Nature : Copyright Infringement [Actions]
Type of Action : Ordinary

387 records found for T-514-10 Doc Date Filed Office Recorded Entry Summary
- 2014-04-10 Ottawa Proof of Transmission by Fax received from All parties with respect to Doc. #191 (Order from CJC dated April 9, 2014) placed on file on 10-APR-2014
191 2014-04-09 Ottawa Order dated 09-APR-2014 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Order dated 13-AUG-2010 Result: The reference shall be conducted as a specially managed proceeding; Pursuant to Rule 383 Prothonotary Mireille Tabib is assigned as Case Management Judge in this matter. Justice Sean J. Harrington is designated as referee in this proceeding in place of Prothonotary Martha Milcynski. Filed on 09-APR-2014 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1226 page(s) 28 - 29 Interlocutory Decision

/legal-dictionary.thefreedictionary.com/referee

A referee makes recommendations to the judge or court that appoints the referee but generally does not issue enforceable orders. A referee generally cannot render judgment in a case. The referee's general duty is to provide a report to the appointing judge on the issues of fact or law that prompted the referee's appointment. It has been said that "nothing can originate before a referee, and nothing can terminate with or by the decision of a referee." Referees generally serve at the pleasure of the judge and accordingly hold less judicial authority than the appointing judge. As a judicial officer, a referee is subject to the Code of Judicial Conduct.

-----------

This is what the dictionary says but in the case where the The Referee and the Judge is the same person, how does that work-out? This promises to be interesting!

From main Copyright lawsuit Docket - Referee will be changed

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?...

Gray has re-activated the file:

Doc Date Filed Office Recorded Entry Summary
- 2014-03-25 Toronto Toronto 25-MAR-2014 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The court informs the parties that the matter will be referred to another judicial officer for case management on the reference. held in chambers Duration per day: 25-MAR-2014 from 01:00 to 01:10 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 10min Appearances: Mr. Gray 416-215-1905 representing Plaintiff Mr. Gervais 514-288-4241 representing Defendant Minutes of Hearing entered in Vol. 900 page(s) 39 - 40 Abstract of Hearing placed on file

Imam made fun of Copyright!

Why was the Copyright paragraph removed from the transcripts on akdn.org of Hazar Imam's Ogden speech on 10 March 2014 at Brown University? Who took the decision to censire? Who was bothered by what Imam said?

“I wonder what would have had happened if Al-Khwarizmi had patented or copyrighted his algorithm, and I try to analyze what would be the consequences.

Well, the first consequence is the copyright lawyers around the world would either be billionaires or burst. Those who have broken the copyright would be billionaires and others would be good bye.

Secondly the programs probably itself would have been renamed, so if they had been renamed either they would have Muslims name or they would keep their names. If they have Muslim names they would in Arabic or Turkish or Persian or Urdu and none of you would be able to pronounce those names. If the names were kept then they would be printed in the developing world and you know what’s it’s like to print English in the developing world, so the twitter would become twit, Google would became giggle and a good friend Bill Gates would be [demonstrated a gesture of something disappearing … poof] that would be the end of Bill Gates."

But I can’t be serious all the time and sometime I like a good laugh. So I on the other hand must get back to serious matters because this is suppose to be a serious lecture.”

Who Removed CopyRight Paragraph ....? ,

....Dear Umed , Admin and All ,

Ya Ali Madad ,

Umed , thanks for taking this issue on board ,

To your this comment , my reply is as follows :

E Mail from Mahebub Chatur to Me ,

On Tuesday, March 11, 2014,
Enjoy full video & pictures. What is on our Ismaili website (AKDN), is incomplete or edited. For example Hazar Imam talks about copyright & jokes !. (watch and listen to this 20 minutes into the speech). Do you know and why the full speech and full the conversation is not on our website?

Full video Link FULL EVENT VIDEO: His Highness the Aga Khan's visit to Brown University to deliver the Ogden Lecture

“In Islam, faith and world are not separate. We have a dual level of answerability: to faith and world…. You have to be effective in your material life as well as an honest believer. “So the goal is to create a system which is responsive to peoples own views, not what you think their views are..”
My Reply to Mahebub Chatur and So Many Others Concerned

Dear Mahebubbhai ,

Ya Ali Madad ,

I was happy enough , to recieve entire video of Speech of MHI , at Brown , provided , and , there was a text also provided alongwith ,
and , same i forwarded to Mr. Shafik Sachedina and to you ,

You , in Response , Crystal - Cleared , that in AKDN Presentation , the TEXT is Edited , ( in my view it is not Edited only , but , it is Suppressed also , .....i write in Straight Clear Words , while ,You write in some Sweet Words ) , so , soon , i went through the TEXT ,

....... wherein , i found , that , You - Mr. Mahebub Chatur , is Right ,

There is Editing ,...... yes there is Editing , .....but , as i said earlier , it is not Only Editing , but , it is Suppressing ( of Facts ) also ,
....which " Editing - Suppressing " .... Clearly Says ...." Too Many Things " ,

I can Understand , ......Why So ? ,

Actually not only me , but , now probably , .....All have started to Understand , ....that ....Why So ?

There is EDITING ( Deliberate Cancellation = Cut Off ) ,
of .. " Copy Right Discussion " ...&..." Lawyer/s Fighting Copy Right Case/s " ......etc. ,

and , .... Mention of Such Specific Words , by MHI , in Public , .....is a Biggest " TaunT " ......Ever ..... Made by MHI Himself , on His ( So Said ) Case Filed ,

So Many Doubt/s - Confusion/s were Cleared , by MHI ,this way/s , in this Speech ,

Video seems FULL , but , TEXT of Video seems FOOL ,
( Further Try Making - Jamat/s Worldwide FOOL , but , it is Cleared So Many Times , that , JAMAT/S are Not FOOL , but , only Considering that So Said Leader/s always are doing for Jamat/s , as , Guided by MHI for Jamat/s ) , but , now , when MHI Himself has Trans - Cleared , and , such thing/s Confirmed - Suppressed Apparent , then , no further " Explanation " from " any body " else is required ,

I dont blame any body , but , those Following Other than Imam , must be also Man/Woman of Understanding ,

Their attention also must have gone , on this " Point - Issue "

But , it could be , their persoonal Look Out , What to do ? , and , What not to do ? ,

Shall i explain , to understand , some other way , through , one incident - example , as to , why and how it ( Editing = Cut Off ) happened? ,

A ........(S)hort (S)tory :-

There was a Theft , in the Kingdom of Emporer Akbar ,
the thief was not found , by police , .......so , keeping doubt , so many ( about dozen ) were detained into interrogation , ......but ,
" Original Thief " could not be identified ,
Ultimately the matter , to find out " Original Thief " , was handed over to Birbal ,

Birbal called All dozen thieves ,...... asked to stand in front of him ,
and , said to all ,....... i am giving each of you , one stick , which is 12 inch long ,
You all go with stick now , and , come back here , to morrow with stick , at this time ,
I will find out one Original Thief ,
Because , the stick of Original Thief will become , automatically , 4 inch longer , than it is ,

Next day , all came , and , .....stood in front of Birbal in Darbar of Akbar ,

Birbal checked stick of all , .....and , .......he brought out " Original Thief "

The stick of " Original Thief " was...... 4 inch ...." Cut Off "

Because " Original Thief " thought , that , my stick will become 4 inch longer , and , i will be proved to be Original Thief , in front of all , .....so , let me ..." Cut Off " .....my stick 4 inch , .....so that every thing is O K ,

But , he did not think long , by " Cut Off " , this way , that , on the Contrary , it will be proved , that " I Am Original Thief "

And , according to me , ( Head of SS & Co. ) , is still in ....." Limit/s " .... only , and , up till now has not gone to the Extent , that ,
.....(S)he has not ordered , ......our So Said Leader/s , ......to Replace ,..... the Photograph/s of MHI , ....by his ( Head of SS & Co. ) Photograph/s , .......should We not Thank him for ? ,
......and , by Chance ,on availability of any such opportunities ,
.......if , it happens so ,

even then ,

i am sure , that , Our all So Said Leader/s , will not follow his such order/s , .....except , (S)ome (S)uch only , which are much benefited by him , ......and , further also , ...... if they wanted continue to be benifited and /or appointed , at particular place/s ,

So far as , if , i am to advise , .....any such body , ......who is following Order/s of Head of SS &Co. , .....but , which order/s are against Farman/s of MHI ,
......then , .......i could advise only ,
......that , in Any Circumstances , ......Our Loyalty - Iman , ......to Remain to MHI only , ...and ......Not to Any Body Else , ....may be any body , he or she ,

Imam Sultan Mohemmed Shah has also Confirmed Cleared , in Farman/s ,
which means to say ,
that , in Our Religious Principles Matters ,......" My Say "( Imam's Say - Imam's Farman/s )is only Final , ....which only to be followed ,.... and , not of any one else , .....not of my Son or any Family Member/s even .....! ,

Can you please , arrange for Complete Text of Video/s ...with Marking on " Edited Part " ........and , send to me & others ...? ,
.......for Further Study & Response .....! ,

Sorry for any Trouble ,

With Regards
&
Ya Ali Madad

Mansoor Noorani

Original Character of So Said Leader/s ......Episode 1

.... Dear Admin , Umed and All ,
Ya Ali Madad ,

Contents - e mail recieved

On 9/16/13, SACHEDINA, Shafik wrote:

Dear Mansoorbhai,

As you are aware Hazar Imam is visiting Bangladesh and India during this month. As conveyed to you earlier, I intend to meet with you during my visit to Mumbai. Please send me your contact number so that I am able to connect with you
during my stay in Mumbai.
With Ya Ali Madad,

Kind regards,

Shafik

Farmans and Constitution

The constitution is for the community and to be given to every member of the community to read, understand and impliment. Farmans are a part of the constitution which every member of the community must also have to read, understand and impliment. According to S Sachedina's all Farmans are avilable in all Jamat Khanna's including in remote areas. That is not correct.
Copy of my letter.

Sent: 26 January 2014 10:30
To: Nadia Bhimji Chair, Legal Board of the Aga Khan Council UK'
Cc: Ismaili Council President UK

Ya Ali Madad. Your email was given to me by K Mohamed. I understand you are Chair of the Legal committee of the Aga Khan Council UK. And that the Board advises our institutions and individual members of our community.

I have been studying and doing research on the Ismaili constitution. I have copies and parts from various countries since 1905. I am hoping to write an article or series of them on our constitution for the benefit of the Jamat. This will also help our institutions, as I am in correspondence with them.

Our constitution is made up of 3 parts;

1 The Global constitution (last and current one was ordained in 1998)
2 The country rules and reulations
3 The countrties guidelines

In addition the following are also a part of our constitution

4 Precedents (by NCAB ICAB and Councils/Legal Boards)
5 Farmans ( because any farman can supersede any part of the constitution (as confirmed in the constitution)
6 UK Law (because the law of the land supersedes the constition or any part where there is a conflict/issue)

What I want you to confirm is;

1 Under UK law, our full constitution, like others, includes all of the 6 above.
2 All Boards and members of the Jamat must have a copy of the full constitution (1 to 6 above)
3 All Bodies including NCAB and ICAB who do not have all the 6, and have made decisions, then their decisions need to be reviewed and were flawed because;
a. They did not have and did not rely on the full constitution
b. Those they advised did not have access to the full constitution
c. When it comes to making decisions by NCAB or other institution they have to have regard to the Uk Law and so must consult the Legal Board and committee before giving judgement.

Please let me know if you can help, or which lawyer/s on the legal committee can. Please feel free to call me to discuss this with me. .

Mahebub

Rely Received

From: Nadia Bhimji
Sent: 27 January 2014 11:33
To: m@chatur.co.uk
Cc: amin mawji
Subject: Re: legal help clarificaion under UK law. ..

YAM Mahebub,

Thank you for your email. I will have a look at it in detail and respond as soon as I can.

With best wishes,
Nadia

From: "m@chatur.co.uk"
To: nadiabhimji@yahoo.co.uk
Cc: aminmawji@blueyonder.co.uk; imranbhatia@hotmail.com; kmohamed@mayowynnebaxter.co.uk
Sent: Monday, 27 January 2014, 10:19
Subject: FW: legal help clarificaion under UK law. ..

Below email FYI. I understand from NCAB UK the following;

1 Part one What they have provided is a copy which is incomplete,and not unverified)
2 Part two This is not given by them or confirmed that they have a copy
3 Part three not given by them or confirmed that they have
4 Part four they do not have, give or confirm that they use these.
5 Part five they do not have and do not use and are not authorized to give or interpret
6 Part six We all have access to the UK constitution and law

Kind regards & Ya Ali Madad
Mahebub

Is the case over?

I think that case was over, but according to docket, on 15 January, there was judgment from bench. It says your appeal is granted. Plz explain the appeal was about what and what was judgment?

Docket More Happenings

Many notes on docket. Can someone give us detailed explanation of what happen in court? What is result and whether it is now over or not over. Thanks

The case will "go on for ever" said Brian Gray.

No on the contrary. Gray said "it will go on forever".

The Appeal was by Gray to set aside the judgement that would have closed the case. They wanted to continue the case and prolong for obvious reason which I do not have to explain as truth is self evident.

Basically they want the names of all the people who bought the books and they are trying to get it by all means.

So why are we resisting giving names?

For one, the initial Judgement by Justice Harrington did not say we have to provide names or that anyone has to return the book. So there is no reason to give the names.

Then, if we give names, obviously these people will get harassed and maybe even be assaulted in the same manner Alnaz and myself were attacked. Me on Spark street in Ottawa and Alnaz in Unionville Jamatkhana where he went to pray and to attend the ceremony of "Samar" for a deceased..

And of course the matter in discussion is that they want damages/profit and they do not need the names of who bought the Farman book to calculate these amounts. As a matter of fact, since the check has to be made to the Imam, any amount is OK. Which Ismaili would not be glad to write a check in the name of the Imam?

So in summary, they are trying to find all kind of unreasonable ways to prolong the matter with issues which are not part of their own statement of issue. Whatever they needed to calculate the amount has already been provided. This is what happens when people deal in bad faith.

I do not have to tell that the longer the case goes on, the more money the lawyers will be making. When there is a crime, they always say to verify to whom the crime benefit. That is called a "tautologie" in French "Une vérité vraie" ;-)

Nagib Tajdin

Case cannot go for ever

If court says you give names, you give names and case is over. If court says you do not give names, you do not give names and again case is over. Right? Pray it is over soon.

Interesting fact:-)

As per timeline the case was registered within a COUPLE OF DAYS on the long weekend while International coordination was required.

On April 29, 2010 Mr. Tajdin and Mr. Jiwa responded. Therefore, plaintiff were asked to reply within 10 days. Interestingly on May 6 Ogilvy Renault, the law firm which launched the case asked for an extension of 15 days to reply to the Defense...

Such an indepth case was filed in a couple of days and mare response required 25+ days:-)

They thought there will not be any defense

They were caught off-guard - They thought there will not be any defense and they will go on with their scam and forgeries without anyone complaining. Worth repeating: The Imam never filed any affidavit in this case nor asked anyone to file. The supporting affidavit was filed by Sachedina who confirmed under oath that Imam did not ask him to file his affidavit. And Bhaloo filed it because Sachedina asked him. The song says "How low can you go?"

remembering the 6 facts too

6 FACTS ABOUT THE FARMAN LAWSUIT
1 Did you know that Mawlana Hazar Imam (the Plaintiff) has not filed any
evidence nor asked for any evidence to be filed to defend his lawsuit?
The only evidence in the lawsuit are two affidavits by Shafik Sachedina and Aziz Bhaloo, both
of whom have admitted under oath they were not asked by Hazar Imam to file affidavits.
Without their affidavits there would be no case because lawsuits without evidence are
dismissed precisely for “lack of evidence.” So why did they file if they were not asked?
And if Hazar Imam started the case, why hasn’t he filed any affidavits or evidence?

2 Did you know that Hazar Imam is, through other court actions now on going
for 3 years, seeking damages and costs from the Defendants (two murids)?
We know from history the Imams have forgiven those who have murdered members of the
Noorani family or even previous Imams.
We know in the Mir Bose case, which Hazar Imam initiated in the 1990s, he said he was only
seeking to stop Mr Bose from publishing his book and was not seeking damages or costs.
Given this history and given the Imam is all merciful and forgiving, are we Ismailis to believe
that our Imam would be so petty so as to seek damages and costs (over a comparatively
minor matter) from a murid for merely publishing his farmans – 90% of which he has been
publishing for 18 years with the full knowledge of the leadership and no issue whatsoever?

3 Did you know that Nagib Tajdin (a Defendant) told the Judge he will pay
double of whatever amount Mr Gray (Hazar Imam’s alleged lawyer) asks to end the
action for damages and costs, but Mr Gray refused?
Did you know that Alnaz Jiwa (a Defendant) offered Mr. Gray the full value
($4,900) of the 98 farman books he obtained and distributed, that is, taking the
whole value as profit, but Mr. Gray refused?
Why would Mr Gray refuse? Is there another agenda?

4 Did you know that when Hazar Imam met the Defendants, in Toronto in
October 2010, in the presence of Mr Gray, Shafik Sachedina and Mahmoud
Manji (then National Council President for Canada), he offered the Defendants
copies of farmans with annotations made by the Imam himself?
Is it not strange, that Hazar Imam would offer such valuable copies of the farmans to the
very same people he’s suing for not respecting his copyright; people he’s so angry with he’s
even seeking costs and damages from them? And, is it not strange we are told by ITREB we
cannot have farmans in our homes, but Hazar Imam offers his annotated farmans to two
murids? Neither Mr. Sachedina nor Mr. Manji have denied this offer was made.

5 Did you know that no contact was made with Alnaz Jiwa before the lawsuit
was filed against him and that in the October 2010 meeting with Hazar Imam,
Hazar Imam confirmed to all that he knew Alnaz Jiwa was not involved in
publishing the farman books, yet Alnaz Jiwa is still being sued today?
In fact, Alnaz Jiwa was not even contacted prior to the suit being filed against him. Not a
single letter, e-mail or phone call to him from either Hazar Imam or the leadership. No
dialogue or communication whatsoever.
In Badakshan, in 1995, Hazar Imam said:
“Differences must be resolved within the ethic of our faith, through dialogue, through
compassion, through tolerance, through generosity, through forgiveness.”
Are we then to believe that Hazar Imam actually sued a murid without even contacting him?

6 Did you know that in Madagascar, in 2003, Hazar Imam made a clear farman
explaining Islam’s ethics on resolving disputes?
“Remember that Islam says: try to find compromise in your conflicts, so that each may
retain their dignity. Islam does not say: there must be a winner and a loser.
“And if, in your differences, you seek absolute victory, and in these differences there are
losers, these losers are marginalised, they lose their position in society, they have great
difficulty in rebuilding a sound future.
“Thus, I ask the Jamat today, when you have differences between you, find solutions of
compromise so that each may come out of the situation with their heads held high, that
none can say of such and such family or of such and such individual that it is over, they have
been destroyed. This is not Islam; destruction is not Islam.”
(Mawlana Hazar Imam, Madagascar 2003, Unofficial Translation)
Are we to believe that Hazar Imam would do the exact opposite (ignoring his own farman)
and not seek compromise? On the contrary, Hazar Imam’s offer of annotated farmans was a
magnanimous compromise and gesture that preserved the Defendants’ dignity.

NOW SEARCH YOUR HEART AND ASK YOURSELF: DO YOU REALLY STILL BELIEVE MAWLANA HAZAR IMAM
IS RUNNING THE FARMAN LAWSUIT TODAY?
* If you really still think he is, what would you answer if Hazar Imam were to ask you ‘Do
you really believe this is how I behave and what I would do?’
* If you don’t think Hazar Imam is running the lawsuit today, then have some courage and
forward this to your contacts.
Just because our leadership tolerates this witch hunt it
doesn’t mean the Jamat must also. Hazrat Ali has said “bravery and truth are always
found together ...”

Ali's analysis

I have not logged on here to read any comments for a long time. Ali's comments are well argued.

The one point of MHI's offer of giving us copies of His Annotated version of the Farmans actually indicates that He did not consider us as having breached His copyright or else why offer such a valuable resource to us.

Despite studying farmans since 1977, I was not even aware that MHI annotated farmans: He started by telling us: Just for your information, I annotate my farmans, every farman I make I annotate, and I can give you copies of same if you want them. I doubt jamati members, alwaezes, missionaries, mukhis, etc., have ever even seen or heard about any annotated version of the farmans. The very fact that He would offer to give us these very valuable annotated farmans speaks volumes.

In addition to the various issues He spoke about, the ending was even more startling: He asked MM, Why can't you work TOGETHER with them (pointing to us.) Now consider this: if we were NOT obeying Him such that He had to go to court to force us into submission, He would be ordering us NOT ASKING us, to work with institutions. But why did He ask MM why were they NOT WORKING TOGETHER with us. shukr.

Letter to LeadersSubject -

As Received

Letter to Leaders

Subject - Lawsuit against Nagib and Alnaz, … for sharing Farmans which Imam wishes us to share…….

From: Mahebub Chatur [mailto:mahebub.hatur@btconnect.com]
Sent: 14 January 2014 20:49
To: Shafik Sachedina Head of DJI -ITREBS-IIS-AKDN(shafik.sachedina@akdn.org); sherbanoo.moledina@akdn.org; 'Ambassador Aziz Bhalloo'; Cc: 'Nagib Tajdin'; 'Alnaz Jiwa'

The appeal hearing is tomorrow.

Why this appeal hearing?
Because Shafik Sachedina and his group say they want names of those who have books of Farmans?

Why do they want the names?
They say they want to know the price and cost of the book of Farmans. (They are not happy that the court ordered for a selection of names to be given to ITREB chairs as nominated by Hazar Imam.)

Why do they want the price of the books?
They say they can decide how much money they can claim from Nagib & Alnaz (Alnaz did not publish nor was contacted by Sachedina & group before or after)

But then,

1 Have you ever heard any Farmans in Jamat Khanna, that Hazar Imam does NOT want you to have, read, understand, share and explain Farmans.

2 Hazar Imam does not want any names or profit or costs or books to be returned?

3 Hazar Imam and the court has allowed all those who have the book to keep the books

4 Nagib offered twice the costs & profit claimed by the lawyers who are acting on Sachedina's instructions? The lawyers refused.

5 S Sachedina and group have refused to meet or work together with Nagib and Alnaz as Imam directed on 15 Oct 2010, and in Farmans too.

Imam clearly wants all Ismailis to have Farmans? Read attached 80 Farmans & proofs attached. So who is not doing what Imam has said?

Please let me know if the above is not correct and let me have any related documents or Farmans, if I am wrong.

Letter for clarification or

Letter for clarification or confirmation.

From: Mahebub Chatur [mailto:mahebub.hatur@btconnect.com]
Sent: 09 January 2014 20:03
To: Shafik Sachedina Head of DJI -ITREBS-IIS-AKDN(shafik.sachedina@akdn.org); sherbanoo.moledina@akdn.org; 'Ambassador Aziz Bhalloo'; zauhar.meghji@kelam.com; mahmood@poonja.co.uk; 'Mohammed Keshavjee (isabelle.cirot@aiglemont.org)'; President Aga Khan Council Canada Malik Talib; 'Vazir Azim Lakhani EX Chair LIF (azim.lakhani@btinternet.com)'; Ismaili Council President UK aminmawji@blueyonder.co.uk; 'svellani@iis.ac.uk'; 'Eqbal Rupanii CEO LIF'; 'Mukhi Salim Janmohamed West London UK'; Vice President Alwaez Shiraz Kabani (skabani@iis.ac.uk); 'Chair ITREB UK Salima Bhatia'; Qahir Manji; 'Noordin Nanji Chairman ICAB (noordin.nanji@gmail.com)'; 'Nazmin Kassam Chairman NCAB UK (nazminkassam@gmail.com)'; CEO - Coordinator ICAB AlyAlidina@iis.ac.uk
Subject: Farmans and the Lawsuit Shafik Sachedina ... The truth

Dear All;
(Incl. Shafik Sachedina, Aziz Bhaloo, M Manji, M Talib, S Moledina, Mohammed Keshavjee, Azim Lakhani, S Vellani, Zauhar Meghji, M Poonja, A Mawji and E Rupani)

The announcement made by you said the following (LIF, Councils, & ITREBS see quote below)

a. You said Hazar Imam has approved Farmans to be published & given to the Jamat including the Golden Jubilee Farmans. Why then are you still blocking them from the Jamat?
b. You said the lawsuit was a last resort & was after every effort was made. That is not true. (time line below)
c. You said you will keep the Jamat informed of further development in this matter. You have not and are refusing to do so

• You are not doing what Hazar Imam is telling you, and which you yourselves are confirming Hazar Imam has said. (Quote below)
• Hazar Imam has said clearly that Farmans are to be given to the Jamat.
• The attached 80 Farmans and proofs confirm, Farmans and our constitutions are for, and are to be given to the Jamat.
• Hazar Imam said in the GJ London Farman that leaders are not telling the Jamat what Imam is telling them to tell the Jamat.
• Shafik Sachefina said Hazar Imam thinks in French and speaks in English, and so according to Shafik, Hazar Imam gives some guidance’s in English, but means something else. In these cases Shafik changes what Imam says to what he decides Imam is saying. This is nonsense & not true.
• Nagib made allegations of forgeries against Shafik Sachedina, and submitted evidence to Shafik and our Institutions, including ICAB.

Can you please confirm or clarify, and let us have further information you promised 4 years ago.

What your announcement says.
“..The Jamat will be pleased to be informed that Mawlana Hazar Imam has already approved that the Jamati institutions should formally publish a volume containing the approved texts of his Farmans, including those made for the Golden Jubilee. This will be made available to the Jamat in the near future...”
“.The Jamati institutions will continue to keep the Jamat informed of further development,;in this matter, as appropriate..”
“..LIF and the National Council hope that the Jamat will appreciate that the recent legal steps have been taken as a measure of last resort, and only following the failure of this group to respond positively..”

The Lawsuit Time line

4 January 2010
a. Nagib Tajdin writes a letter and offers the book of Farmans free of Charge for all Jamat Khannas in the world (about 2800 books)

16 January 10
a. LIF makes an announcement which was sent by Shafik Sachedina (SS), to be read in all Jamat Khanna’s.
b. Azim Lakhani (Chairman of LIF) said;
a. He did not call Nagib or Alnaz to discuss or verify the facts
b. He did not read Nagib’s letter of 4 Jan 2010
c. He did not view the Mehmani Video in 1992, or read all the earlier editions of the books by Nagib since 1992
d. He did not verify the facts with Hazar Imam.
e. He did not prepare the LIF announcement nor was it presented by SS to LIF formally as a Body to consider
f. This announcement is therefore unconstitutional and not in accordance with Farmans.
g. This announcement was widely emailed and circulated by SS. Leading to misinformation , speculation, and also violence against Nagib and Alnaz.
h. A Dharamsey circulated this to 45000 Ismails on his database and additionally made false allegations (He then filed a complaint to NCAB Canada in June 2010 – before the evidence was filed – No other Ismaili or our institution have filed a complaint against Nagib or Alnaz under our constitution.
c. This announcement was headed as a joint announcement by the National Councils, and ITREBS.
a. The Chair of ITREBS and Presidents of Councils did not verify the facts or talk to their local NCAB or the Mukhis.
b. The constitutional Boards processes were not followed.
c. None of them contacted Alnaz Jiwa and nagib Tajdin.
d. NCAB and ICAB were not consulted or involved constitutionally or as a part of the internal process ordained by Hazar imam.
d. There was no meeting or dialogue initiated with Nagib Tajdin or Alnaz Jiwa, by any Council or ITREBS or other constitutional national or international Boards.

24 January 10
a. A scanned letter from Hazar Imam was emailed by SS to Nagib who then requested a meeting with Hazar Imam to seek clarification.
b. Sachedina thwarted attempts by Nagib to speak to, or meet Hazar Imam to seek clarifications.
c. Nagib was concerned and instructed forensic expert’s reports, who concluded that, the signature of Hazar Imam, was not an original signature and was therefore a forgery.
d. Nagib decided to confront Shafik (as Imam wishes us to do in Farmans)

17 Februay 10
a. There was a telephone conversation between SS and Nagib.
b. Nagib informs SS about alleged forgery and his evidence.
c. SS is very angry, and makes threats to ruin Nagib. SS is very aggressive and shouting down Nagib
d. Everyone knows how aggressive and arrogant SS has become since 1992.
e. Nagib requests SS to do the following in this conversation;
a. To show to Hazar Imam the sealed letter from Nagib to the Imam dated 4 Jan 10.
b. To show to Hazar Imam the scanned letter which SS sent to him with a forged signature, and to tell Hazar Imam the truth.
c. To Inform Hazar Imam that he (SS) has made a mistake and to seek forgiveness from Hazar Imam.
d. Nagib assured SS that if SS does that, then Nagib will close this matter and work together with SS going forward.
18 February 2010
a. In less than 10 working hours since SS conversation with Nagib !
a. A second letter was sent by S Sachedina allegedly from Hazar Imam.
b. This is regarding a serious and an unprecedented issue.
c. We know Imam considers all issues in detail and by consultation and consensus. This takes time on most matters and this was both serious and complex.
d. The tone, style and content of the letter was not that from Hazar Imam.
e. SS speak did not explain to Hazar Imam, all the truths of what had transpired including, the claim of Forgery, the mehmani in 1992, no discussions or meetings by SS with other leaders, Mukhis, NCAB , ICAB and or LIF
f. Had SS told the truth, Hazar Imam never write or authorise a letter to be sent and that too within 10 hours.
g. The tone, style and content of the letter was similar to the tone and content of the earlier conversation with SS.
h. There were no meetings and dialogue with any other leaders and no contact with Alnaz or Nagib.
i. Nagib writes to Prince Amyn thinking the letter will go to him personally, and he will inform Hazar Imam personally. He gets a letter in reply which concerns Nagib even more.
30 March 10
a. SS says under oath that on about 30th March 2010, he was directed by Hazar Imam to discuss this matter amongst the leaders. He did not do so.
b. SS said Lawyers were not instructed to prepare or file a lawsuit at this stage. SS was not asked by Hazar Imam to file an affidavit, but he did. So did A Bhaloo.
c. SS says he discussed this matter only with MM, who ss thought, had spoken directly with Hazar Imam.
d. SS said the lawyers were instructed by Hazar Imam via Carnegie (There were no consultations with any Leaders except SS, MM and AB)
e. SS said Hazar Imam is personally dealing with the case. SS and MM have been dealing with the case and the lawyers.
f. 30 March 2010 was a Tuesday. (Easter weekend)
a. Allowing for Easter weekend there were 3 working days to instruct Lawyers which usually in a normal case takes a day.
b. In a high profile international and unprecedented case this takes at least 4 working days, especially as SS claims this lawyer is new and was not used before.
c. Then to file (without notice), and to do the due diligences, drafting, affidavits, in a case where the clients are global and a lawsuit which is high profile and is unprecedented. Therefore on Wednesday did MM, SS, Hazar Imam AB and MM clear all their diaries to focus on the filing of this case? Did lawyers have a full 24/7 team, with 24/7 access to SS, MM. AB and Hazar Imam? This would be necessary to finalise and file by Monday 6th. That is an Easter weekend.
g. Doing all this and filing a lawsuit within one working day? (This is totally unbelievable, and beyond the realms of reality)
h. This was the Easter week.
i. We now know that SS has given and gives instructions to Gray who accepts them
a. So when was the first time instruction given by SS to Gray and
b. Was this by SS or personally by Hazar Imam?
c. In what form are those instructions ?
d. What kind of institutional delegated authority has been given to Leaders under our constitution and to Gray?
j. There is no question that SS did not tell the truth or the whole truth under oath.
k. SS clearly decided with others much earlier than 30 March to instruct lawyers and to file this lawsuit. (Can someone who knows tell us when and what instructions were given and by whom since 4th January 2010)
6 April 10
The Lawsuit was filed in court by Gray. The Lawsuit surprising includes Alnaz Jiwa.
a. There has been no contact whatsoever with him by SS, MM, AB or any other leaders. There were no legal notices before action sent to Alnaz from Gray or SS or LIF. SS did not know or meet Alnaz and yet he gave affidavit against him.
b. SS said he had not met Alnaz and thought he was running a website (15th Oct 2010)
c. If Alnaz was not contacted. SS and A Bhaloo did not know him. Hazar Imam would never agree to include Alnaz ?
a. And of course If Imam was the real plaintiff, and Imam would have
i. asked what efforts were made to discuss and settle this matter
ii. asked if Alnaz was contacted and this was discussed with Alnaz
iii. Was this discussed with and amongst all the leaders and there was consultation and consensus by the Boards
d. On 15th October 2010 offered annotated Farman’s and allows all those who have the book to retain them. Hazar Imam would have said I want you to end your defence and all books must be returned. Imam did not say that.(we also know also the 6 facts and 80 proofs/farmans)
11 April 2010
a. SS informs the Leadership in London that the lawsuit was filed by Hazar imam
b. He instructs everyone not to discuss this lawsuit, or the issues in the Lawsuit, because he said Hazar Imam has directed this because Hazar Imam is personally handling this lawsuit.
a. That is not true. Why does he then discuss the lawsuit?
b. Why did not LIF tell the Leaders but him?
c. This is in direct conflict with the 2nd LIF announcement of 15th April 2010 which 4 days after the Leaders meeting in London. LIF announcement says
i. That they will keep the Jamat informed.
ii. Imam has authorised them to inform the Jamat.
iii. Hazar Imam has authorised the publication of Farmans
d. We know that SS is instructing B Gray (I personally from him, and in the email with A Dharamsey in which B Gray confirms. Also to Nagib Gray has confirmed)

15th October 2010
Meeting with Hazar Imam – 28 minutes of Guidance by Hazar Imam (Farman). Key messages. Hazar Imam started with saying may I make a suggestion,
1 All those who have the books can keep the Books of Farmans. (This was a later confirmed by the Court)
2 Shafik Sachedina and M Manji should work together with Nagib Tajdin and Alnaz Jiwa “..Why cant you work together with them..”
3 We will meet we will meet outside of litigation to consider what to do next.
4 Ismaili.net is not to be closed as suggested by M Manji (Ex President of Canada Council), who said this website is confusing the Jamat.
5 Imam does not edit Farmans but annotate Farmans and offered copies to Nagib and Alnaz
6 Imam said that he remembered Mehmani of 1992 very well
7 Imam said Imam knows Alnaz Jiwa has not published any Farman
The last words spoken by MHI were “why can't you work together with them” (Nagib and Alnaz)
April – May 2011
Mohib Ebrahim was given special permission to publish Farmans (Imams speeches & writings – Farmans as defined by Hazar Imam is the constitution
1 Mohib began publishing these at www.nanowisdoms.org. There are excellent search facilities, themes and regular e-updates
2 The following confirmation is on the website “…Launched in 2011, the NanoWisdoms Archive is a unique website dedicated solely to the Ismaili Imamat’s speeches, interviews and writings and was granted the distinct honour and privilege of special permission to reproduce His Highness the Aga Khan IV’s speeches and writings. The Archive brings together material from all official Ismaili institutional Web sites — including akdn.org, iis.ac.uk, theismaili.org, aku.org, archnet.org, pluralism.ca — institutional publications, printed materials, media Web sites, transcriptions of video recordings, and other sources.

With over 600 readings, the Archive is the most comprehensive, publicly available collection of Imamat speeches, interviews and writings today. And, as a dedicated repository, it enables focused yet comprehensive searches that return results only with the Aga Khan’s remarks since the Archive contains no other content, content which often makes searching for his remarks frustrating due to the vast amounts of other material returned.
This project is a personal endeavour, and is neither associated with, nor operates on behalf of, His Highness the Aga Khan, the Ismaili community, or any of their official institutions. All speeches have been reproduced, with permission. Copyright © His Highness the Aga Khan.

File of Copyright Case goes missing at Toronto Court

This is the message that appears on the Docket:

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?...

Memorandum to file from Garnet Morgan dated 13-DEC-2013
The duplicate Toronto file has been purged.
An extensive search of the Toronto file room was conducted and ID 298 could not be located

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