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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

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.

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

And the interesting question

And the interesting question is that why has the file which is still active, been purged and what happened to the material? Is it because there is a copy anyway in Ottawa and there is no more hearing conducted in Toronto?

Constitution & Farmans

Letter dated 13 October 2013
H H the Aga Khan Shia Imami Ismaili conciliation and Arbitration Board for United Kingdom (NCAB)
Copy to ICAB (Chairman) & UK Council (President)

Dear Chairman and members of the Board;

Thank you for your letter below (Annexure 1).

1 IDENTIFICATION & PROOF THAT I AM AN ISMAILI

a. You request evidence that I am an Ismaili, when;
b. You (NCAB), have confirmation that I am an Ismaili
i. In our institutional databases incl. IIUK, and
ii. Institutional Darbar databases, and,
iii. TKN Databases, and
iv. IIS and Waezeen Scholar Data bases, and
v. ITREB, and
vi. President of Council has met me and confirmed I am an Ismaili (as you (NCAB) know)
vii. NCAB Board Members have seen and met me in Jamat Khane & WL Leaders work shop - Road show)
viii. Appointees Databases - You know I was Hon Secretary of ITREB for 4 years
ix. Mukhi Databases - I was a Mandli Mukhi as you know
x. You have been dealing with me in cases started in August 2012 as an Ismaili. If I was not you would not.
xi. So why this proof now?
I have sent 2 proofs i.e. Passport and Driving License with my letter regarding information & data under the UK law.

Can you now confirm that you & NCAB are now satisfied that

I. I am an Ismaili and I can submit cases to NCAB and
II. I can seek information and assistance from NCAB which I am entitled to do under our constitution and Farmans.
III. NCAB has not in fact given me any assistance what so ever, so far.

2 YOU SAY NCAB IS NOT AUTHORISED TO GIVE FARMANS OR TO INTERPRET THEM

a. You say you are not authorized to give Farmans to me, when you know;
b. I have requested but you have not provided me with evidence and or Farman’s which say that you (NCAB), are not authorized;
i. to have Farmans
ii. to use Farmans
iii. to give farmans to Ismailis
iv. To interpret Farmans
a. (ITREB have said even Waezeens are not authorized to interpret them or to have or give copies to the Jamat)
v. Farmans are an integral part of our constitution as is the law of the UK and our constitution is also a Farman( see annexure 2 and 3 below))
c. In addition I have submitted to you the Farman’s proofs confirming that all Farman’s must be given to me and all Murids. (Annexure 4 below). Can you provide evidence and Farman’s which say the very opposite.

3 NCAB SAYS I MUST USE AN INCOMPLETE CONSTITUTION AND THEY ARE USING AN INCOMPLETE CONSTITUTION

a. You say you are using an incomplete constitution and I should also use an incomplete copy of the constitution, when you know that is unconstitutional under our constitution, legally, morally, and under the law of the Land
b. The Ismaili constitution is made up of the following, not what unverified parts you have shared;
i. The constitution as ordained and amendments including but not limited to the constitution of 1998.
ii. All the verifiable & approved original rules and regulations including all amendments by way of regulations and or Farmans.
iii. Farmans (as defined by Imam in the constitution), because Farmans can and do supersede our constitution (confirmed in our constitution)
iv. Ismaili Interpretations and in cases in the past which have been used is precedents by Waezeens, NCABS, ITREBS, and ICAB
v. The law of the Land in our case UK and EU
vi. This list is not exhaustive (as in all constitutions which are dynamic and enabling as Hazar Imam has also said in a Farman)
c. The full constitution includes the law of the land which NCAB confirms they are required to apply in all their cases. You are saying that you do not provide or apply the law of the land and you have in fact not applied this so far.
d. I have asked for verification of the completeness and authenticity of the incomplete constitutional rules you have provided, and the incomplete parts of the constitution and rules provided to me, and used by you.
e. Therefore I ask you again to provide the requisite information and documents.

I look forwarded to hearing from you

NCAB, ICAB & IIS

Letter to NCAB, ICAB & IIS (Mohammed Keshavjee, Noordin Nanji and Nazmin Kassam)

I refer to Mohammed Keshavjee's promotional interview sponsored by, & on the IIS website. He is also still a Governor of IIS. You have been blocking Farmans and our constitution ? You do not practice conciliation and mediation (see below & emails). Please correct me is I am wrong, For example.

1 Listen to what Hazar Imam said in the attached Farman (london GJ).
a. Do you agree you are not telling the Jamat What Hazar Imam is telling you to tell the Jamats (including in Farman’s)
b. You deleted that now famous sentence from this Farman. You also know Imam said Imam does not edit but in fact annotates them – meaning explains them. As he did in London as you know.
2 You have issued letters to ITREBS/Councils not to copy, explain or interpret Farmans to members of the Jamat
a. That is totally and fundamentally against Imam’s Farmans. See farmans and proofs I have submitted.
3 In 2010 you have allowed your letters-policies (ITREB), to be used in legal proceedings to effectively block Farmans from the Jamat.
a. Knowing that Hazar Imam has not asked you, Shafik or A Bhaloo to make any representations on Imam’s behalf ( read the attached 6 facts)
b. Knowing Imam wishes farmans to be given and explained to the Jamat (see proofs and farmans you have)
4 More paradoxes
a. You have been interpreting the constitution and training ICAB and NCABS for over 12 years not to interpret , copy, give or explain Farmans. The constitution is a Farman.
b. You and the select few have original Farmans but you are blocking them and not giving them to the community. Knowing that Imam wishes all the Jamat to have them
c. You can complain against murids but you are refusinhg and blocking Murids to complain against you as Leaders.
i. That is untrue morally, legally constitutionally, in Farmans and under UK, EU and human rights.
ii. How can you as Leaders complain under our constitution but other/Jamat under the same constitution cannot file against you/Leaders/institutions.
d. You can have and do interpret Farmans but you do not allow our Waezeens, Mukhis, and scholars incl. IIS not to have them, copy them, share them or interpret them.
i. That is against Imams Farmans and our constitution. Right? See the proofs and farmans I have shared with you.

Will you and your inner circle now do what Hazar Imam is saying in Farmans and the Constitution (which is also a Farman) . Alternatively you ought to resign or provide copies of verifiable and unedited Farman’s which say the very opposite.

Ya Ali Madad "

more documents filed...

I see that some documents have been filed this week in court. Editor, can you please update us on them and upload the documents filed in court.

What you are refering to on

What you are referring to on the Docket, is the recent filing of the Reply to the Memorandum filed by Gray to Appeal the last decision of Justice Tremblay-Lamer. It is in French.

Basically Gray has said in his Representation that Justice Tremblay-Lamer was wrong in reversing the Order of the Referee. That Justice Tremblay-Lamer tried to put an end to the long ongoing process to quantify the profit and damages to be paid to the Imam by Nagib and Alnaz. But Gray wants more and more information such as the names of all those who bought the Golden Edition Farman books. (remember Malik Talib, the Canada Council president tried also the same by dubious means, in complete contempt of the Court Order.)

Their lawyer, Gervais, replied that whatever was necessary to bring an end to the process has already been provided to Gray and the last Judgement should therefore be maintained and Gray should not be allowed to eternally harass the defendants over a matter which should have ended a long time ago.

A Letter sent as received.

A Letter sent as received. TO
Noordin Nanji Chairman of the Aga Khan International Conciliation & Arbitration Board
Nazmin Kassam Chair of National Conciliation and Arbitration Board UK,
Malik Talib, President of Council of Canada
Amin Mawji President Council UK,
Shafik Sachedina & cc to NCAB, LIF and ICAB

I await your responses regarding especially your unilateral rulings, and not giving the full Ismaili constitution and Farmans.

As you know, the European court has ruled in favour of Mr Hashwani's application (link below). You gave evidence in this case. This case involves a business dispute between two Ismailies. Their arbitration clause provided for Arbitration in London and for all three arbitrators to be “respected members of the Ismaili community and holders of high office within the community”.

“Hashwani said the issues in dispute simply require a suitably qualified lawyer, of any religion, and of his problems of finding an arbitrator from the Ismaili community reinforces this. His lawyer, Sarosh Zaiwalla, says: "This is a commercial dispute which in reality only required an experienced lawyer – there was no question of religion. Hashwani was forced to seek to appoint a non-Ismaili arbitrator because, after 20 years of legal proceedings, that was the only way he could get justice".

Noordin and Nazmin do you blame Hashwani? Mr Nanji, putting yourself in Mr Hashwani’s position, would you have confidence in you (ICAB-NCAB:, Knowing that;

1 You on the one hand say you have no jurisdiction but on the other hand you make rulings in the same case in which you say you have no jurisdiction.
2 you are blocking our constitution, with no dialogue, no mediation, and
3 You are blocking of farmans.
4 You do not do what you say in your own affidavit. You say that while the Ismaili dispute resolution process followed by the CAB System respects the religious principles and values of the community, it is always within the confines of the applicable local law.” Read your affidavit below.

Should you now resign ? You are not doing what you say ? and You are not doing what Hazar Imam says you must do in Farmans and our constitution.

Are you not making a mockery of our ICAB and NCABS saying one thing but doing the very opposite. Thereby do you agree you are also damaging the respect, credibility, image and standing of our community and particularly our national and international conciliation and arbitration Boards. Another example, of what you say in your affidavit but do not do. Do you agree you are not ?

“The primary objective of the CAB System is to assist Ismailis to resolve disputes in an equitable, speedy, confidential, cost effective, amicable and constructive manner and in an environment that is culturally sensitive. Processes are designed to operate in an equitable manner. Moreover, the Boards, whether arbitrating or mediating, are required to operate in accordance with applicable local laws. In arbitrating any dispute, a panel appointed by one of the Boards will apply the national laws applicable to the relevant dispute, not any "religious" law.” Read your affidavit

Re : Affidavit of Noordin Nanji - Chairman of ICAB

You intervened and gave an affidavit as a witness in the case of Jivraj against Hashwani. Mr Nanji why did no other faith based communities join you ? Especially as we are a part of the interfaith dialogue & Why did you favour one side?

Why was ICAB and NCAB not able to finding a respectable and fair Ismaili Arbitrator, when you with Mr M Keshavjee have been spending huge sums of money in training Ismaili arbitrators for well over 12 years !

Are these also not compelling reasons for change and resignations ?

"Some extracts from the witness affidavit of Noordin Nanji in the case between Hashwani v Jivraj

3.2 The 1986 [Ismaili] Constitution established a dispute resolution system whereby Conciliation and Arbitration Boards would operate at both the national and international level. The system operates in 17 jurisdictions around the world. In some countries, notably India and Kenya, the decisions of such Boards, particularly in matrimonial and personal law matters, though reviewable by the courts, are recognised by the law.

3.7 The primary objective of the CAB System is to assist Ismailis to resolve disputes in an equitable, speedy, confidential, cost effective, amicable and constructive manner and in an environment that is culturally sensitive. Processes are designed to operate in an equitable manner. Moreover, the Boards, whether arbitrating or mediating, are required to operate in accordance with applicable local laws. In arbitrating any dispute, a panel appointed by one of the Boards will apply the national laws applicable to the relevant dispute, not any "religious" law.

5.2 Once a dispute arises, it is the practice of the Boards first to attempt to resolve any dispute by way of mediation or conciliation rather than arbitration, even in cases where the parties have referred to arbitration only in their agreement. Rules of Conciliation have been adopted formally by the Boards for disputes resolved by way of conciliation.

5.5 The experience of the Boards is that more than 99% of disputes referred to the Boards are dealt with by way of mediation or conciliation. It is only a handful of cases that are dealt with by way of arbitration.

5.6 It is strongly felt within the community that one of the reasons for this high incidence of mediation and conciliation is the fact that the parties, and indeed the members of the community, have confidence that their rights will not be compromised and that a fair and equitable resolution of their dispute will be achieved through mediation or conciliation by the Boards.

6.6 Muslim ethics, custom and practice strongly encourage the amicable settlement of disputes that may arise in the community between believers. It is recommended that, when a conflict arises between members in the community, attempts should be made to find a peaceful solution either through mediation or impartial conciliation or arbitration between willing parties. Voluntary and impartial conciliation and arbitration for the amicable resolution of disputes is a deeply embedded practice in the Ismaili community going back 14 centuries ... It is from that long tradition that the present CAB System has emerged.

6.8 In essence, it is believed in the Ismaili community, as in the broader Muslim community, that when a problem occurs between brothers, the people around should intervene to solve it, and they should pursue all means in order to make peace between them. That brothers in religion should be willing to forgive each other and to reconcile their disagreements is testified to in a large number of Prophetic traditions, both the Sunni and the Shia, as well as in the traditions of the Shia Imams. For instance, Imam Ali, the first Shia Imam, has said:

"Do not separate yourself from your brother unless you have exhausted every approach in trying to put things right with him. ... Do not be harsh with your brother out of suspicion, and do not separate from him without first having tried to reason with him... Seek reconciliation with your brother, even if he throws dust at you." (The Sayings and Wisdom of Hazrat Ali, published in England, 1994)

6.12 In sum, therefore, the broader Muslim tradition, and specifically the Shia Ismaili Muslim tradition, defines and fosters an ethos for amicable dispute resolution that, unlike the "secular" litigation culture, is non-adversarial. The notion of the winner and the vanquished, where the winner may take all, is completely alien to the teachings of the Ismaili Imams..”

An Eye Opener

Letter to Sachedina as received;

Shafik Sachedina says Hazar Imam drafted the LIF announcement. You also said the following which is the opposite.

What is the real truth Mr Sachedina.

Sachedina #444: Cross-Examination by Mr Jiwa.

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 for more ….. http://ismaili.net/heritage/node/30380

So in this case, was the LIF announcement deliberated upon by LIF, and prepared jointly by Dr Sachedina, Azim Lakhani, E Rupani and President of Canada, and Kenya ? or was it drafted by Hazar Imam as Sachedina is saying. (on his qay to the Airport when there were no flights)

Sachedina you claim Imam decided to file a lawsuit on 30th March 2001, It is impossible even within 2 working days, to file such a case allowing to meet lawyers in France and Canada, (2 days) to then instructed them, ( 2 days) Lawyers due diligence (5 days) , Lawyers to then have considered and given advice (2 days) , consideration of that advice and related documentation, deliberation and impact analysis institutionally, (5 days) then preparation of the affidavits.

Shafik you say said Imam did not ask you to file – So who asked You & A Bhaloo to get involved in the lawsuit and give instructions to MR Gray and when?

1 Jan 10 SS asks Nagib to stop the distribution of the book of Farman

4 Jan 10 Nagib sends a private sealed letter to the Imam, offering 2000 + books of Farmans to each Jamatkhana for distribution free of charge. Masses of emails against Nagib and Alnaz and the book are sent and continue.

16 Jan 10 First LIF announcement (So Hazar Imam instructs them but they do not discuss or meet Nagib or Alnaz or even check what Alnaz did)

24 Jan 10 A scanned letter from the 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 to seek clarifications.

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 the 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 a serious and an unprecedented issue and situation. 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. Did SS speak to and explain to Hazar Imam, all what had transpired including, the claim of Forgery and then (within 10 hours), mehmani 18 years ago, 10 publications etc. Hazar Imam decided to write a letter to Nagib in that tone, style and content, all within 10 hours ? ?

30 Mar 10 SS says under oath that he was directed by Hazar Imam to discuss amongst leaders and Imam decided to file the Lawsuit on about 30th March 2010. This is Easter week.. SS says he discussed only with MM, who he thought had spoken directly with Hazar Imam.

SS said lawyers were instructed by Hazar Imam personally on 30 March which is a Tuesday. Friday 2nd April 2010 was Easter Friday.

SS is expecting everyone to believe the case was prepared, Lawyers instructed in France and Canada, all affidavits prepared and case read and filed within 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 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. Final approvals will have been by Thursday 1st April 2010. (Sachedina did not tell the truth under oath)
Mass emails of misinformation and misleading information by Dharamsey, Kamadia and others including Leaders

6 Apr 10 Lawsuit is filed in court. So the documents must have been ready before the easter weekend, unless Lawyers a,nd Imam worked on this during the Easter week end. There were no consultation with the national or other leaders.

No contact with Alnaz Jiwa, No notices by Lawyers to either Nagib or Alnaz. No attempts to meet or conciliate.

Would Hazar Imam agree or file the Lawsuit if Imam was told there were no consultations and no effort was made ? If

Hazar Imam specifically asked Shafik for LIF-Leaders to discuss and deliberate. Shafik says so. But he did not do as Imam instructed him according to his own evidence

11 Apr 10 SS informs the Leadership in London that a Lawsuit has been filed. Shafik instructs Leaders not to discuss this lawsuit, nor the issues in the Lawsuit because Hazar Imam has directed Leaders not to. There is no such Farman read in Jamat Khanna. Yet in 4 days there is an LIF announcement contradicting what SS said - Imam has authorized LIF to inform the Jamat of all the steps so as to avoid any confusion or speculation. LIF have not done so.

15 Apr 10 LIF Announcement was made in 4 only regions. India refused to announce it. The LIF announcement says, Imam has authorized LIF to Inform the Jamat and that Imam has approved a book of Farmans to be published. The announcement says EVERY effort was made to conciliate with the Murids before the lawsuit was filed. Not true as Alnaz was never even contacted.

In April 2010 and May 2010.

ITREBS and NCAB/ICAB issue new rules and policies. Shafik and A Bhaloo use these in this submissions.
Abdulla Dharamsey files a complaint for excommunication against Nagib and Alnaz.
They with M Kamadia and Salim Jiwa propagated misinformation and emails to Ismailies globally which resulted in violence and death threats. This first started in January 2010, after Sachedina asked Nagib to stop distributing the latest edition of his book of Farmans the lawsuit was filed.

Shafik Sachedina said the

Shafik Sachedina said the following but we know he also said he never consulted the LIF Chairman Azim Lakhani not the President of the council ! he is not telling the truth to even the court !

" 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 for more ….. http://ismaili.net/heritage/node/30380

Letter to MHI

I remember Mr. Mehboob Chatur had written a letter to MHI some time ago.
Did He ever get any reply?
If Mawla does not reply what does it imply ?
How should one interpret it?

Mowla's concept of time

Mowla's concept of time is not limited as ours. His reply may come by various means, not always physical. The question to ask is as follow: did his letter physically reached the Imam?

In the 1990s' I has a talk with the head of the Huzur department in Canada about sealed letters going to the Imam. He said they open the letters because if the letter is insulting or irrelevant, they do not give to the Imam and if the letter criticize one of the leaders, they give a copy to the leader so that he can reply to the accusation. He did confirm that not all of the letters addressed to the Imam are delivered to the Imam.

Mowla's concept of time

Ya Ali Madad: Isn't this MHI PREROGATIVE whether to open or not to open an envelop addressed to him , In other words MHI does not know what is happening in HIS institutions, so can I say in the year 2015 or 2017 we will be celebrating a silver jubilee of mismanagement and corruptions of the leaders. If the criticism of the 1990's were brought to MHI's attention instead of shoving it under the carpet, we would have been better off today with better leaders

Regarding letter to MHi

If someone mails it directly to Aiglemont adressed to specifically MHI , will he get it or is it still intercepted and not submitted? What if it is tagged personal?
Could mr Chatur have written directly instead of going through council?

The answer is Yes.Letters

The answer is Yes.

Letters are opened by the Department DJI, controlled and headed by Shafik Sachedina. If you send a letter addressed to MHI via your Council President. He sends it to DJI - Shafik Sachedina. They open and decide.

Hazar Imam does not personally open incoming letters.There are literally hundreds of letters and reports received every day. MHI is given a summary and SS & Co can decide to exclude or include what they want. Letters sent are also controlled by them.Some letters are signed electronically & not personally by MHI.

Letter to MHI

I agree to the first component of the answer by Umed?
What was Mr Mehboob' s inspired feeling of not receiving answer?
Did he feel it did not reach him physically or did he get the reply in another form of conviction
I am interested to know how he personally felt?

Fundamental rights of all Ismailis

Letter to Noordin Nanji Chairman of Aga Khan International Conciliation Board and partners with Strikeman Elliot lawfirm, and Mr Malik Talib a Lawyer & President of Aga Khan Council Canada, as received.

To: 'noordin.nanji@gmail.com'; President Aga Khan Council Canada Malik Talib;'

Subject: fundamental rights, Justice, making a mockery...... Open letter to Noordin Nanji - ICAB in response to his Email

Dear Mr Nanji

Thank you. Let me ask you something very simple. As a Lawyer, an Ismaili, & Chairman of ICAB (jointly & severally);

Do you agree that any Judge will be breaching your fundamental rights & making a mockery of your constitution, in the following 3 examples;
1 If a Judge quotes only one sentence from the “constitution” and makes a unilateral judgment against you, without having regard to the full constitution as defined below. (did you not do that)
2 If a Judge refuses to give you the constitution, and or says that you are not entitled to not the full constitution but what he decides to give you.(did you not do that )
3 The judge refuses to meet you , & effectively refuses any dialogue whatsoever. The Judge is additionally unilateral, confrontational and does not even attempt to facilitate a meeting with or between the parties. Yet he continues to communicates with the other side (did you not do that )

Canadian constitution – fundamental rights & benefits
• Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
• This does not preclude any law, program or activity that has as its object the amelioration (Improvement) of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Composition of the Canadian Constitution
The constitution is large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; The Constitution of Canada is an amalgamation of codified acts and uncodified orders, traditions and conventions. The Constitution of Canada includes;
• the Canada Act, 1982
• the Acts and orders referred to in the Schedule; and
• any amendment to any Act or order
• This list is not exhaustive - and includes a number of pre-confederation acts incl. 1867 act, and unwritten components (Supreme court ruling)

Composition of the Ismaili Constitution
Similarly our Ismaili constitution is made up of a large number of documents and includes the following. (M keshavjee loves to remind you that Ismailis are a frontierless state without a state)
1 The constitution as ordained and amendments
2 The rules and regulations including amendments
3 Farman’s (as defined by Imam in the constitution)
4 Case Law - rulings and precedents including NCABS and ICAB
5 The law of the Land
6 This list is not exhaustive (as in the all constitutions which are dynamic and enabling)

Do you agree that you have at best disrespected & insulted our constitution (Farman), which includes our faith, our ethics, our Farmans, The Quran, our community and the Law ?
I invite you to read again the pledges you & your circle gave unconditionally and unreservedly in the presence of Hazar Imam. “ We and the Jamat submit homage and reaffirm our Bayah to Imam e Zaman, Commander of the faith, Lord of the age of time, and direct descendant of Prophet Muhammed (PBUH); Oh Imam e Zaman, We and the Jamat all over the world stand before you, and we make these solemn pledges;

1 We pledge our unreserved spiritual allegiance.
2 We pledge our absolute loyalty and we submit to you as our Imam, Pir, and Murshid to lead us along siratul mustaquim
3 We pledge and submit our entire love devotion and dedication
4 We pledge our obedience, Oh bearer of true authority in direct succession to Prophet Muhammed Hazrat Ali and Bibi Fatima (PBUT)
5 We pledge to extend our unreserved and unconditional support to all your endeavours for the Jamat’s spiritual and material progress, and wellbeing
6 We pledge our total support for your work in the cause of Islam, our faith of peace love compassion and human dignity.

I will be happy to formally debate this with ICAB or you as a Lawyer, or as an Ismaili murid as Hazar Imam wishes us to do in many Farmans I have quoted. I hope a simple matter of the composition of our constitution and access by every murid equally will not have to be decided in the courts of the land.
The above excludes my other concerns, submissions and requests which you have chosen to ignore and continue to do so
Mahebub Chatur

Kangaroo court

Noordin Nanajivand Your ICAB Constitutes a "Kangaroo court".... They judge people by some "secret laws" which are not made available and Nanji act in a manner which is hurting community generally....he in consequence undermine the rule of the law...and also what the Aga Khan says and exemplifies. .

Change to transparency...

“It’s not enough for me as President to have confidence in these programs,” Obama declared today “The American people have to have confidence as well. .. We can and must be more transparent. So I’ve directed the intelligence community to make public as much information about these programs as possible.”

Shafik Sachedina and Co need to change course by not blocking but by sharing Farmans and constitution with the community as directed by H H the Aga Khan

Nanji, Talib & Manji

Mr Noordin Nanji, & Malik Talib now know that all the evidence is being documented and shared. This will be accessed and used in the future by those they know and by the community.

Malik Talib has been in the publishing business like M Manji President of Council. He says he has the same legal expertise as Nanji. He has also been in the same companies/Boards with Nanji

Malik Talib is a Director at Vancouver Foundation, who include Judges and a Supreme Court Judge. Talib says in his profile He is a tax lawyer turned entrepreneur. In the past 16 years, he has started businesses in PUBLISHING , real estate, wireless technology and, most recently, mining and exploration.
His expertise includes acquisitions, tax planning, real estate planning, global market analysis, import and export, people and organizational change management, corporate governance, corporate strategy and business planning and operations. In 1999, Talib was named as one of Business in Vancouver's Top 40 under 40.
Talib has served at national and local levels on corporate and community boards, including: BC Children's Hospital Foundation; Research Institute of BC; and Cabinet of the United Way of the Lower Mainland. He was Vice-President of the Aga Khan Council for Canada to M Manji,(Printing -Publishing business), and now President.

Malik Talib tried to get names from Printers of Nagib Tajdin covertly despite a court order…. Read morehttp://ismaili.net/heritage/node/29740#comment-17929

Correction - Noordin Nanji

Correction - Noordin Nanji is a partner is Stikeman and Elliot not strikeman.... http://ismaili.net/heritage/node/29740#comment-17929

facade to hide truth

As received .. It seems that Noordin Nanji has no conscience....money knows no religion !

His act of coyness and pretense is all too apparent....his pretense that he and some of his cohorts are so obedient Imam's authority IS just a FACADE ...

Some of these guys act as if they are "all-powerfull" and omnipotent .. even if God comes after them...they have perhaps nothing to fear...as they are only accountable to their Masters who are NOT the Imam but fake like Muawiya and Yazeed usurped power and they re write their own scripts and Law.

We know he has already denied the Farman of Hazar Imam on accountability and answerability..powers in the constitution can be superseded by a Farman of the Imam of The Time.

....Nanji needs to now re confirm that the Constitution applies NOT to all Ismailies. Or equally . This is what he is actually saying simply .. Reason is to protect Sachedina and Co - the inner circle

..I am compiling all this rebut so that eventually Ismailis can submit this in support of complaints or cases against him and his circle ... Nanji is a lawyer in Canada and his professional association and Boards will hear about all this.....

He is helping Sachedina to even block evidence of forgery against Sachedina which Nagib has submitted to Him- ICAB - What else are they trying to hide ?

Sachedina prolonging the Lawsuit and continuing with his Appeal

RECORDED ENTRY(IES) FOR A-156-13 (Close)

Court Number : A-156-13
Style of Cause : HIS HIGHNESS PRINCE KARIM AGA KHAN v. NAGIB TAJDIN ET AL
Proceeding Category : Appeals Nature : Appeal (S.27 - Interloc.) - Others
Type of Action : Non-Action

( 9 records found )
Doc Date Filed Office Recorded Entry Summary
8 02-AUG-13 Toronto Solicitor's certificate of service on behalf of Brian Gray
confirming service of doc#7 upon Respondent by courier on 01-AUG-2013 filed on 02-AUG-2013

7 02-AUG-13 Toronto Memorandum of fact and law on behalf of the appellant filed on 02-AUG-2013
3 judges' copies stored in Ottawa

H H The Aga Khan says

H H The Aga Khan says confrontation is against our ethics and every effort must be made for all differences to be resolved by mediation, dialogue & conciliation

S Sachedina, M Manji & A Bhaloo continue to refuse dialogue, & remain confrontational in continuing the Lawsuit against Alnaz and Nagib. Sachedina is not doing what his Imam is telling him.

The Aga Khan gives you guidance to share but when you share his guidance, how can anyone then believe he becomes confrontational, refuses dialogue and goes against the very ethics he exemplifies & asks you to practice.

His Highness warned the community against leaders who are not telling the community what H H is telling them to tell. Gray is aware & has a copy of this confirmation in July 2008.

Yes, Gray has all the Farmans of the Golden Edition

Yes, Gray has all the Farmans including the audios of Farmans that Nagib was obliged as part of the Harrington Judgment, to give to Gray.

I guess once the Copyright period would elapse, he will be able to reproduce all of them for the benefit of all Ismailis :-)

Editor - Can you please

Editor - Can you please upload the memorandum filed by Sachedina & Co

We do not have it yet.

We do not have it. When we get it, we will post it here. The Memorandum has been filed in Court so if someone leaves or works near the Court in Toronto, he can go there and get a copy. The Docket number is A-156-13, just ask what Gray has filed on 3rd August 2013.

Appellant's memorandum

Appellant's memorandum [Brian Gray is the Appellant, he has just filed his Memorandum - in a case that Gray is fighting on behalf of Sachedina and not on behalf of Hazar Imam concluded Nagib after getting Hazar Imam's feedback on this case on October 15th 2010 in Toronto for half an hour]

Here are the Rules:

346. (1) Within 30 days after filing an appeal book, the appellant shall serve and file a memorandum of fact and law.

Marginal note:Respondent's memorandum

(2) Within 30 days after service of the appellant's memorandum of fact and law, the respondent shall serve and file the respondent's memorandum of fact and law.

So now, Alnaz and Nagib would have 30 days to reply and explain to the Canadian Federal Court of Appeal why this Appeal of the Judges' Order by Gray is completely useless, outrageous and frivolous and is wasting everybody's time.

And, Malik Talib President

And, Malik Talib President of the Aga khan Council Canada ex VP with M Manji who attended on 15th October 2010, tried to get names from Printers ! Read more http://ismaili.net/heritage/node/29740#comment-17929

Obvious reason

The obvious reason this lawsuit is continuing is not the Reference process or the Copyright issue or how much money I should pay as penalty for bringing the authentic Farmans to Imam's followers.

It is because I have disclosed that there is a group in Aiglemont (and outside Aiglemont) of people that not only changes the Farmans made by the Imam but they also have no shame in forging Imam's signature.

These people think that they are undermining my credibility and that of Alnaz by prolonging the lawsuit. Little do they know that they already themselves lost their credibility 2 years ago. Now with the time they gave us by prolonging the case, they have shot themselves in the leg. Every Ismaili in this planet knows that it is not the Imam prolonging the lawsuit, it is Sachedina and Co. [That includes Talib]

What Talib has shown us, and we must thank him for that, is that they are so desperate to get the names of those who have the Farman book and to harass them, they they did not care about the recent Court Orders.

Since 2010, we have documented with the Federal Court all the misdeed of the forgers for history to judge them. People will read these proceedings hundreds of years from now and know how the Imam was betrayed by people surrounding him. In the same way we read about similar event in our Fatimid history. People of the future will write the Ismaili history of our Century with these info in mind. More important, they will know that there is a book of all Farmans of the Imam of our era and they will treat it with more respect than pure gold.

Nagib Tajdin

$750 million reason !

They are not interested in listening to His Highness the Aga Kgan. They are more interested in controlling the money and positions. If not they would do what the Aga Khan has directed them to do.

Sent: 03 August 2013 13:28
To: 'Liakat Hasham'; Zul Hassam; Amawji@uk.ey.com; 'Chair ITREB UK Salima Bhatia'
Subject: Kings Cross - £500 million - List of Opportunities offered - error !

Thank you for following announcement. I note our Boards, are giving general information in advance to the Jamats including a general list. I presume more specific details of each opportunity will be given to the Jamats, with any related tendering processes. This will enable the Jamats to benefit (as Imam wishes)
Have some of the related opportunities been allocated to others? Also your announcement says opportunities MAY exist ? Can you clarify or was this a typing or drafting error ?
Ya Ali Madad.

FROM THE UK COUNCIL - EPB Board
AKDN King's Cross Project Central London - Opportunities for individuals, professionals & businesses
AKDN is embarking on a process of design, construction and fitting out of two of the buildings being:
Student Housing – Approximately 200-bed scheme. Academic Buildings – IIS , AKU-ISMC and AKF (academic teaching spaces, library , office and support spaces).

Opportunities may exist for: (MAY ? !!)

• Sub-contractors involved in construction.
• Suppliers of many types of products and components
normally involved in constructing, fitting-out and equipping
projects of this nature.
• Some specialist consultancy input to be provided to the
• design processes.
• Firms involved in the maintenance and operations of completed facilities; areas such as facilities management,
• contract cleaning, gardens maintenance, etc.
• Commercial units for planning uses
• A1 (Shops),
• A2(Financial and Professional Services),
• A3 (Restaurants and Cafés) or
• D1 (Non Residential Institutions).

Firms wishing to submit credentials for involvement in these two projects should send a short synopsis of their offer to the AKDN's Project Coordinator for consideration.

It would be appreciated if submissions could be limited to two sides of A4 containing links to websites and further relevant information. Questions and submissions should be sent by email to jonathan.harper@akdn.org

http://ismaili.net/heritage/node/29740#comment-17964
http://ismaili.net/heritage/node/29740#comment-18117

GJ Farman & famous sentence

GJ Farman & famous sentence July 2008 - The audio & my letter..

Ya Ali Madad - Enjoy & listen to Hazar Imam himself. The famous sentence is at 17.18 minutes (full Farman is 22.23 minutes)

Every Leader & Murid must reflect on the following and most important do what Hazar Imam is saying and asking you to do.
1 Regarding Leaders are not telling the Jamat - That sentence was deleted by Shafik Sachedinia with Zauhar M, (President UK) M Keshavjee (ITREBS & NCABS & IIS ), Gulu Mukhi Ramji (Huzur Global-ITREB), & A Lakhani (LIF Chair). They say Hazar Imam was thinking in “French” and the “Context” was different - Really !

a. Can these Leaders listen again, watch the video and apologise to their Mukhis and the Jamats
b. If you have Imam’s annotations please share them all with all Mukhis – ITREBS and the Jamat.
c. Can you PLEASE add back that sentence in this farman (and others you have changed or held back)

2 Regarding sharing Farman’s : Hazar Imam says in this Farman;

a. Take and share Imams blessings with your Jamats –meaning Share Farmans with your Jamats
b. Carry the messages in my Farman forward - to your Jamats – Meaning share Imams Farmans with the Jamats !
c. Share Knowledge and information with the Jamats – Meaning share Farmans, reports and knowledge with the Jamats.

Hazar Iman also spoke of the following in this Farman

1 Institutions are there to serve the Jamat
2 Leaders had agreed the Goals and promised to implement them for the Jamats in and after the GJ
3 Poverty alleviation (including Darwaz and in all countries )
4 Extreme poverty in the Jamats in the world (Including Darwaz, UK and other countries)
5 Materialism and related matters for the Jamat - Never let this happen to Murids in the Jamats
6 Living and practicing the ethics of our faith (not just discussing our faith)
7 The Context in terms of the years ahead.
8 Working together and coming together

Please also ask yourself (read also the 6 facts & 75 reasons-farmans to share farmans and work together)

“Do you think Hazar Imam would file a Lawsuit against you for sharing Farmans, which Imam says you must share with your Jamats ?

If Hazar Imam asks you to share them then you must. If you dont, then you are going against Imam's Farmans.

I urge every Leader and every murid to do what Hazar Imam is saying and to stop this marginalization, autocracy, cronyism, including the lawsuit against Nagib and Alnaz and related complaints/cases .

Let us resolve matters by dialogue & internally. Let us all share and together help the Jamats who are especially in extreme poverty and vulnerable around the world.

I have repeatedly offered to meet the leaders in question to resolve matters internally including the lawsuits, complaints
and marginalization. I am requesting and urging them once again
.
Please feel free and continue to share your thoughts and feedback with the Leadership and Jamat.
M Chatur

SOS Géneration en péril

SOS : Génération en péril !

Les Responsables Institutionnels progressivement se coupent des jeunes de notre Communauté ! On assiste depuis quelque temps à une dérive inquiétante de ces dirigeants regroupés en « inner circle », barricadés dans leur tour d’ivoire et dans leurs certitudes car ils sont investis de la confiance de Mowlana Hazar Imam ! Et on peut constater pourtant que ces jeunes affirment leur fidélité et leur attachement à l’Autorité Spirituelle de l’Imam du Temps Présent et sont enthousiastes à la réalisation des Hidayaths issus du Golden Jubilee.

On attend toujours du LIFE par exemple des propositions et des actes concrets qui entraîneraient l’adhésion d’un très grand nombre de jeunes, en particulier les projets concernant la lutte contre la grande pauvreté et la défense de la dignité des Seniors du Jamat. Depuis la fin de la célébration du Golden Jubilee (décembre 2008), les dirigeants sont restés muets, inactifs et sourds aux sollicitations émanant des simples membres du Jamat. Alors que valent les Institutions de l’Imamat si leurs dirigeants ne sont pas à l’écoute et dont les jeunes se méfient ? Les Farmans concernant la tolérance, l’intérêt de la diversité culturelle, le pluralisme des points de vue,la fraternité et l’entente dans le respect dans le Jamat ne sont pas souvent appliqués par les dirigeants eux-mêmes ! On attend d’eux qu’ils soient humbles, modestes, ouverts et à l’écoute !

Ce texte n’est pas un réquisitoire provocant mais qui peut dire que tout est inventé dans l’analyse faite ici ? Il émane d’un ismaili convaincu qui prône et vit un idéal communautaire découlant des Farmans de Mowlana Hazar Imam. L’application au quotidien de ces valeurs universelles depuis plus de quarante ans en Europe ont permis le respect et l’estime de ses partenaires professionnels non ismailis.

Mais je désespère de voir que la feuille de route, socle de valeurs éthiques admirables, tracée par Mowlana Hazar Imam soit une réalité ! Actuellement, les Hidayaths ne sont pas appliqués par des dirigeants autocrates, aveugles et ce comportement irresponsable des Leaders conduira à leur discrédit et finir par écœurer cette jeune génération dont le Jamat a tant besoin!

Dans ce monde troublé et de plus en plus compliqué, il y a beaucoup de choses à faire, des projets à concrétiser ou à développer, d’autres valeurs à illustrer et il nous faut des Leaders intègres, transparents, à l’écoute du Jamat, ouverts d’esprit, actifs.

Il est urgent à s’en tenir aux directives précises de Mowlana Hazar Imam, simplifier les démarches institutionnelles, trop bureaucratiques et prendre en considération les propositions et le service de la société civile ismailie au sein du Jamat.

Les chantiers sont connus, innombrables et Mowlana Hazar Imam, qui est « ambitieux pour Son Jamat », qui a « confiance dans la Jeunesse » attend de nous des actes, un courage, une lucidité et attend de Ses dirigeants une réelle volonté à agir et à concrétiser Ses Vœux du Golden Jubilee !

Il nous manque sérieusement des Dirigeants, des Responsables, conscients de leurs responsabilités !Il est urgent qu’ils se ressaisissent et faute de ce sursaut, il est à craindre qu’un grand nombre de jeunes de notre Jamat finira, ecoeurés et sortira du giron communautaire. Et ce sera dommage et une réelle perte pour le Jamat globalisé !
Mohez Nato

SOS Generation in Peril

English translation.

Institutional Managers gradually cut the youth of our community! It for some time has been a worrying trend of these leaders grouped into "inner circle", barricaded in their ivory towers and their convictions because they are invested with the confidence of Mowlana Hazar Imam! And yet we can see that these young people affirm their loyalty and commitment to the spiritual authority of the Imam of Time Present and are enthusiastic about achieving Hidayaths from the Golden Jubilee.

Projects we are still waiting LIF eg proposals and concrete actions that would lead to the accession of a large number of young people, particularly in the fight against extreme poverty and defend the dignity of Seniors from Jamat. Since the end of the celebration of the Golden Jubilee (December 2008), the leaders remained silent, inactive and unresponsive to simple requests from members of the Jamat. While worth the institutions of the Imamat if their leaders are not listening and that young distrust? The Farmans regarding tolerance, the value of cultural diversity, pluralism of views, brotherhood and understanding with respect to the Jamat are not often applied by the leaders themselves! We expect them to be humble, modest, open and listening!

This text is not a provocative indictment but who can say that everything is invented in the analysis here? It comes from a conviction that advocates Ismaili community and saw a great arising Farmans of Imam Hazar Imam. The daily application of these universal values ​​for more than forty years in Europe have the respect and esteem of his non-Ismaili business partners.

But I despair to see the road, base admirable ethical values ​​outlined by Mowlana Hazar Imam is a reality! Currently, Hidayaths are not applied by autocratic leaders, blind and irresponsible behavior of the leaders lead their discredit and eventually disgust the young generation whose Jamat much needed!

In this troubled world and more and more complicated, there are many things to do, projects to implement or develop other values ​​to illustrate and we need leaders with integrity, transparency, listening to the Jamat, open-minded, active.

It is urgent to stick to specific guidelines Hazar Imam Imam, simplify institutional approaches, too bureaucratic and consider the proposals and the service of civil society within the Ismaili Jamat.

Sites are known, and countless Mowlana Hazar Imam, who is "ambitious His Jamat," who "trust in Youth" expects us to act, courage, lucidity and expects its leaders a willingness to act and to realize His Vows Golden Jubilee!

We seriously lack Leaders, Leadership, aware of their responsibilities! It is urgent that they pull themselves together and because of this burst, it is feared that many of our young Jamat end, Turned out the tread and Community. And it will be a pity and a real loss for the global Jamat!
 Nato Mohez

Zauhar A. Meghji - profile

Zauhar A. Meghji - profile on IIS website - Multi positions & Diverse businesses including Health care like Sachedina and their inner circle -

" He was born in Tanzania where he attended the Aga Khan Boys Primary and Secondary Schools. He came to the United Kingdom in 1968 where he continued his education, reading Chemical Engineering at the University of Cambridge. He subsequently went on to obtain a Master's degree in Computer Science from Imperial College of Science and Technology in London. Mr Meghji is an entrepreneur with diverse interests. He has served in an honorary capacity in numerous institutions over the years. These include roles as President of the Ismaili Council for the United Kingdom, Vice-Chairman of the Aga Khan Foundation (UK), Member of Education on the Ismaili Council for the United Kingdom, Honorary Secretary of the Ismaili Tariqah and Religious Education Board for the United Kingdom, and as member on the Board of Counsel and Care for the Elderly.

EX LEADER ARRESTED "Zul

EX LEADER ARRESTED "Zul Esmail ex Chairman of Aga Khan's Leaders International Forum, and Aga Khan foundation USA, Was arrested on July 11, 2013 along with his wife.

Dr. Zulfikar Esmail is described on the internet as a family doctor with 37 years’ experience, is affiliated with St James Hospital & Health Center- He was also President of Aga Khan Councils.

Zul Esmail is owner and chairman of Premier Bank. As Premier Bank nears failure, a big borrower files fraud suit

" The lawsuit alleges that Dr. Esmail pressured Mr. Dernis to give Dr. Esmail a 25 percent equity stake in one of his stores and to Dr. Esmail's three children a 50 percent equity stake in another of the stores as a condition of obtaining credit."

http://www.chicagobusiness.com/article/20120323/NEWS01/120329862/as-prem...

Who is to blame if you dont.....

ALL funds & resources given by murids, are given by Imam to our institutions for the benefit of the Jamats, and governed by our constitution. Funds given to our Institutions & constitutional companies, are totally separate from the Aga Khan's “personal” funds. - Read what Imam says and (earlier Farmans I quoted)

“The notion that an institution carrying the name Aga Khan is personal, is incorrect .. I would say easily 98% of those funds, and in fact at times much more than 98%, in fact probably of the order of 150%, goes back to the community.”.. “Institutional wealth is that which comes from people who practice their faith. ” ..first any area of activity has to benefit the Jamat immediately, or in the readily foreseeable future..” ..” … Aga Khan Fund for Economic Development is not a personal asset ( read more below & Links)

The Jamat & leaders down the line have been brainwashed & hoodwinked. How often have you heard the Inner circle use the name of Imam, when it suits them to make you believe what they are saying is what Hazar Imam has approved & said. But then they will not give you the Farman. They in fact block Farmans, and the full constitution from the Jamat. If you question them they marginalize, and come down on you like the proverbial “ton of bricks” What Imam says;

Imam says Imam never sends a Farman without evidence that it is from Imam and that evidence will satisfy the Jamat…. "...But never seek to make the Imam say or imply that the Imam has said things which you might believe but which you have no evidence.."...

Positions, & funds are controlled by them using multi-positions, and playing musical chairs which is all rampant with nepotism, cronyism, and mired in secrecy marginalization and plutocracy.

Hazar Imam said in London GJ, that they are not telling YOU what Imam is telling them to tell the Jamat. Imam is therefore confirming you must ask them for evidence and Farmans to make sure what they are telling you is really what Imam has said. If you dont ask and seek answers and reports, who can you blame but yourself..

Mohammed Keshavjee and Shiraz Kabani have been running training programs including LOP, Mukhis, IWTP and NCAB like megalomaniacs – In an artificial environment that compensates individuals for licking “boots”. Not for pursuing the vision of Hazar Imam and Farmans. They say openly that if you want to work here, you must leave “your ethics” at home. Their culture is “ ME & what’s in it for ME ”

Corruption, best practice and coming together "..People coming together coming around a common purpose are much stronger, for example, in eliminating corruption. When an individual faces corruption, that’s a problem. When a village community faces corruption, it is a totally different issue..".

More_proof_Imam_did_not_file_Lawsuit

As receuved. . Imam is for all mankind. Not only Ismailis. We are blessed. Read what Imam says & Imam reaffirms continuity of Guidance …. I How can then anyone beleive Imam would block his guridance and file a lawsuit against those he has asked to share and follow his guidance.

LBC: Your Highness, at the end of this conversation, if we want to summarise your entire mission on earth, how can you say it in two words? First, are you preaching your religion where you are? Or you do not have a precise goal concerning that religious mission?

AK: But of course!

LBC: You do preach it …

AK: Of course, I do. Not only in the Ismaili community but also with others. We have continuous discussions with various religions, other political, academic personalities, of course, because the fundamental problem is the problem of ethics in the modern society. And this problem of ethics in the modern society is a problem of the whole world. And that is where, I think, I wish, I will be able to contribute to the reflection of that question.

LBC: And what is your main project in life, in your opinion?

AK: I would say there are several. Well, obviously I wish that the Ismaili community lived in peace and with an acceptable quality of life. I wish that the institutions renewed themselves. I have the greatest respect for time and I think that we should anticipate it if we can, and build before time, because otherwise we are short-changed. I wish that there were a real, living ethical base, not only a discussed one, but a living one in the modern society, because otherwise, be it a Muslim society or a Christian society whatever, I see a society without direction. And that worries me. So these are the questions that I ask myself.

LBC: Thank you your Highness.

“I want to make it clear to my spiritual children that we are and will continue to seek out knowledge and understanding particularly from the Quran so that my murids can look to the future with an interpretation which is correct…. And it is important that as time evolves we should continue under the guidance of the Imam to seek clarity and understanding from Quran e Shariff. And I want my spiritual children to know that this is an endeavour which has been undertaken on an on going basis and that guidance will be given on a continuing basis. “ 17 Aug 2007

“.I am concerned about unevenness in the quality of life of our Jamat worldwide & where the quality of life is not what it should be , I believe we all have a serious responsibility to mobilise the resources , human & material, to take the time, so that we are able to put in place new initiatives which will help the Jamat in these countries, and to find a new economic and social standing in the world community,. ... What we need to do is start the programs, and listen to the beneficiaries, we can learn from them how they perceive the work that is being done, so that we can adjust that work on an ongoing basis in these various communities." 2008

Is not Imam inform the beneficiaries (Jamat) and do what they need and think is best for them.

Accountability and Transparency

A Charity, managed by "Dove Trust", is being investigated for mismangement and taking money for one purpose and using it for another " " For example, receipts for charity "A" were funding payments made to charity "B" as charity "B's" income had been used to pay charity "C." ...The Commission acted to prevent payments leaving the accounts without approval from the Commission. T he Charity Commission extended the powers of the Interim Manager to act to the exclusion of all trustees on 12 July 2013.Therefore the web site was suspended and the Dove Trust's banks were instructed not to receive further funds.

If funds are collected for one purpose, trustees cannot use those funds for other purposes ! They are accountable and must give accounts and reports to the beneficiaries.

What Hazar Imam says about transparency and accountability ""How do we know whether these programs are actually working or not? How do we know whether they are improving? It would be very easy to mislead ourselves on this score and to assume that because we are trying hard, or spending significant sums of money, or are inspired by noble intentions, or are holding a lot of meetings -- we must therefore be making an effective impact. But this is not always the case. And that is why it is so important that all of us should be held accountable for the results we produce -- that our work should be measured by its observable, positive impact on the quality of people's lives."
His Highness the Aga Khan's 2007 Address to the Enabling Environment Conference (Kabul, Afghanistan)
http://www.nanowisdoms.org/nwblog/8072/

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