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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

Copyright Lawsuit by Sachedina

By Order of the Court, we have been obliged to give about 80 names of purchasers of the Book. This is only for Gray to verify that we have not sold the book for more than $50. He can not ask you to return the book or why you bought it. The Imam has said you can all keep the book.

The fact that we give the names, of course will not end the case. it would have ended a long time ago when the Imam gave categorical instructions to Gray and Sachedina to put the matter to rest and explained to them that he himself gave instruction to us to continue publishing at the 1992 Mehmani.

Gray has indicated previously that he will be doing Motions against third parties. This means people unrelated to the publication of the Golden Edition will be harassed. There is no doubt, each Motion will increase the firm's revenue so there is no incentive to do the right thing and close the case.

Parallel to this, there is no doubt Sachedina will be harassing directly or indirectly many of the people that he will perceive as being close to Alnaz or myself as he has done in the past, particularly those he thinks are from my family and friends.

I am therefore requesting any of those mistreated or bullied in this matter to contact me and I will inform the Court about what is happening subsequent to forcing us to unprotect the privacy of those who have bought the Golden Edition Farmans..

Thanks.

Nagib Tajdin.

Letter sent to Shafik

Letter sent to Shafik Sachedina and Aga Khan Boards of LIF and ICAB,

RE AKFED Meidiana losses over $400m.. CEO resigns and is under investigation, he was Director of AKFED aviation, .... employees protest , office raided....

AKFED and AKDN constitutional companies of cothe Ismaili mmunity. They are therefore also governed under our constitution. Can you please clarify the news and if an internal investigation is under way,and under our constitutional rules, policies and processes. Please share copies of these.

As you know the present Chairs of ICAB or GRB and NCABS, do not investigate, especially those appointed to manage and control our constitutional entities.

You and they have so far refused to give the “full” Ismaili constitution, to members of our community.
I look forward to your response and clarification.

NEWS

“..The Board of Directors of Meridiana fly named Board Member Roberto Scaramella, who is also the Aviation Director of AKFED, as the new CEO. A similar resolution has also been passed by the Board of Directors of Air Italy..”

(WAPA) - The destiny of Meridiana fly not be a reorganization, but closure or sale.

Meridiana (IG, Olbia) parent firm, Meridiana SpA, will resume operating under its previous name, Alisarda SpA, with effect from December 17 owner the Aga Khan Fund for Economic Development (AKFED) has announced.

According to the ItaliaVola blog, the change will distinguish the holding firm from its other subsidiaries which incorporate the name "Meridiana" into their title - Meridiana fly in particular.

Meanwhile, three former Meridiana CEOs - Massimo Chieli, Giuseppe Gentile, and Roberto Scaramella - have been placed under investigation by Sardinian authorities in connection with the carrier's ongoing, if controversial, restructuring programme.

Italy's ANSA news wire says on the instruction of the General Attorney of Tempio, Domenico Fiordalisi, the Guardia di Finanza last week raided the offices of Meridiana, Meridiana fly, and Air Italy.

A group of employees, understood to be among the 1'600 employees slated to be laid off as part of cost cutting measures, accuse the three CEOs of serious financial misconduct prejudicial to the airlines' operations. They claim the airline was financially stable enough to acquire Air Italy, an Italian charter airline, in October 2011 despite claiming to the Italian Finance Ministry and pension service that Meridiana was in a state of financial distress.

Of the three, Massimo Chieli was CEO until July 2011, while Giuseppe Gentile, who is also a co-founder of Air Italy, was head until early 2013 when he handed over to Roberto Scaramella, who himself resigned three weeks ago. Also under investigation is Meridiana SpA holding company president Marco Rigotti.

(WAPA) - The destiny of Meridiana might not be a reorganization, but closure or sale. The airline’s CEO Roberto Scaramella resigned yesterday from his position during an extraordinary board meeting. Meridiana gave the news in the evening, saying the decision was due to “Personal reasons”.

Scaramella asked for a million of Euros recapitalization. To replace him, the board of directors did not appoint a new CEO, but an “Executive vice chairman”, the Irish Richard W. Creagh, and two advisors, Colin Smith and Fabian Bachrach.

According to AVIONEWS’ sources the three new managers have been assigned yesterday to carry out the closure or the sale of Meridiana, instead. This report, if proven true, would throw new light upon the refusal by the carrier’s main investor (AKFED), to spend more money.
The board of directors has also assigned two new accountable managers for Meridiana fly and Air Italy: Ivano Pippobello and Domenico Mazza. President Marco Rigottiwas confirmed.
The changes in the management come right in the middle of negotiations with the trade unions. The company and the workers’ representatives discussed yesterday about the maintenance sector, while today are dealing with the situation of pilots and cabin crew. (Avionews)

Why is MHI not doing anything?

If it was a test of faith how long does 2 murids have to suffer with their families included with this tortuous lawsuit?
Why is Hazar imam not acting proactively? Why cant he speak up and order to end the lawsuit in clear cut language to leaders?what is stopping him so long?
Where are the farmans?
Why is Mawla not asking tarika board to release farmans it is 5 years now?
shafiq is by Mawla in all the recent photos still?
Should not hazar Imam be mad at him and at least by now gone or replaced Shafiq sachedina ?
How are Nagib and Alnaz doing faith wise?

Still staunch or now tired and weak from no support from mawla in zahiri sense?

Farman Copyright Lawsuit

Your question is in the mind of many people.

Mowla is not involved in the dispute between Alnaz and Nagib and Sachedina. Our faith in the Imam is complete, unconditional and untouched. He came to tell Sachedina's lawyer, Mr Gray, to put the matter to rest and he explained to Gray and Sachedina in October 2010 that he needed the Farman books and gave us instructions to continue publishing Farman books in accordance during the Mehmani of 1992. He even offered to give us ALL of his annotated Farmans. When Alnaz asked the Imam at the end of the half hour meeting if He would accept our Mehmani on behalf of those who supported the book and their family, the Imam said twice "I accept". What else would we need as an Ismaili. Imam's acceptance to our Mehmani "On behalf of those who have supported the book and their family" that is all we want. If you have supported this book, you and your family are part of our Mehmani and Imam's blessings.

The present prothonotary said recently that I had told her in 2010 that the case will be finished in 5 minutes after the meeting with the Imam and she sees that it is not yet finish. She assumed I misled her. But the fact is I am the defendant, I can not end the case, only the plaintiff can. The case was finished. What could I do if Gray and Sachedina refused to follow the instructions of the Imam and continue the case? Gray arranged for the transcript and there is nothing of what Imam said for almost half an hour! No tape, no record. Master Stroke by Gray! As if Imam never said anything! yes we were naive, we assumed Sachedina and Gray will obey the Imam. Our mistake.

When we came out of the meeting, a reporter from Ottawa called me and ask what had happened, I told him only one sentence and he published that the next day quoting me "It is good that the case is finished, it will bring back peace to the community", I really believed that day that Gray and Sachedina had understood the Imam and they would follow his instructions to close the case which they unfortunately did no do.

Why Mowla did not come with another lawyer to stop the lawsuit is a matter only he can reply. I believe He will when the time is right. There is an expression in French, it is called "Raison d'Etat". Sometimes the interest of a couple of person should be sacrificed for the greater good or for a diplomatic or political reason.

In Canada, a lawyer is always believed by the Court in priority over self-represented defendants, even if the lawyer lies and mislead the Court. I filed an affidavit as part of a motion which was to be heard on a date which was given to me and the prothonotary just decided she did not want to hear that motion and put it in abeyance ad_vitam_æternam. That affidavit explained all the lies we had faced in Court and it reported the half hour instructions received from the Imam in October 2010.

Unless Mowla file in Court an affidavit saying that he did not file any affidavit in support of this lawsuit because he was not the plaintiff. Up to then, if a lawyer says he represent even Jesus Christ, he does not have to prove that he has a retainer. That is the law in Canada. It did not matter to the Court that Sachedina said under oath that he was never asked by the Imam to file his affidavit and Bhaloo, the only other affiant said he was asked to file his by Sachedina. The lawsuit was filed on the strength of people unrelated to Farmans. The Copyright is a personal matter, it was never transferred by the Imam to Bhaloo and Sachedina.

You have asked above about the test. This is not a test for me. My test was to follow Imam's instructions received in the Holy Mehmani and to published the Farmans books as per his wish so the test was completed on 13 December 2009 (5 years ago) without any glitches. The Imam said whoever has the book (Golden Edition Farmans) can keep it. He had no objection. Sachedina was insisting that the books should be recalled. The Imam told him no, several times before Sachedina kept quite. What kind of person would oppose the Imam?

Whatever followed after the 10th Farman book in 2010 is just distraction, not a test. Why it happened is simple, it was necessary for Sachedina to discredit me as I had discovered the frauds and forgeries in Aiglemont. These forgeries were confirmed by 3 independent forensic experts, one from the USA and two from Canada. Then when the Imam came, he denied all of the false claims in the statement of claim and the content of their forged letters.

My mother told me "I know how you can defeat the Devil but I don't know how you can defeat a liar". Do you?

Nagib

Good reply but still questions in my heart

Nagib did you ever try writing directly to MHI by letter or e mail?

One alvaez told me murids can directly communicate to M H I by letter . His secretary is instructed to give all his confidential mail to him without any intercession

You did not have to go through council if they are not trustworthy and take matters in their hands May be you should write directly for some clearcut guidance Now that previous ismaili secretary is not there

May be a non ismaili lady secretary might be more concentious and fair and not afraid of S S Worth a try

The very foundation of out tarika is that we have Hazar Imam it means we can get live guidance so if not routinely at least in critical situations like this when so much is at stake for jamat and 2 murids and courts etc why cant you at least write to him if no meeting? This defies my intellect. And intellect is the second facet of our faith

Why can't you be allowed to write to M H I directly at least if not able to get a formal meeting?

My intellect tells me that in critical situation or once in life time should we not be able to talk to him in person?

We just have to believe in batuni aspect and wait for batuni then i understand spiritually enlightened ismails get their answers but all ismailis are not that elevated and staunch as u are

What happens to them ?

How do they seek critical guidance if needed? Now that the personal mehmani , deedar and mulakat are almost impossible? Why cannot we write to him by postal mail at least if internet is not that confidential?

Someone please must answer this question. If enlightened murid or high leader from LIF if he is reading this please help this question

We most ismailis are average human beings not enlightened to tap the batuni communication with the Imam. Congratulations to those who are super lucky to not have any crisis in their life and congratulations to those who are enlightened and do not need this and congratulations to those physically close. to him. What about me? I am just a regular ismaili murid. I love my MHi to my life and death but i am not enlightened.

Writing to the Imam: The procedure is defined in the Farman.

The procedure defined in the Farman is that if you want to write to The Imam, you have to write to Him through the Council.

The letter is supposed to arrive to the Imam sealed if you sent it sealed but in reality nowadays the letters are opened by the Secretariat where Sachedina and Sherbanu work hand in hand and there is no respect for the privileged communication between the Murid and the Murshid.. They censure both ways, the letter that you are sending and the one you are receiving.

So what is the option? if you have sent a letter through proper channel and it did not reach, and you know that for sure that it did not reach the Imam, then in my opinion you can use whatever means you feel appropriate. Use your Faith, use your Intellect. Intellect is also a facet of Faith!

You may not feel enlightened enough to tap the Batuni communication with the Imam but remember that the Imam is not limited in his ability to communicate with you without going through his Secretariat. I think if The Imam would not have done that in the case of Nagib and Alnaz, they would not be so strong and determined.

Writing to Imam

Which farman says you have to write through council?
Can you give a date and place reference? Please.
I have not any farman recited in JK which gives this guidelines

"Our Jamat is so organized,

"Our Jamat is so organized, that whenever a spiritual child has a problem, he can submit this problem to the Imam of the Time, through his council and this council will then send your problem to me for my decision...

If you have a problem, whatever it may be, this problem should be brought to Me and not banded about or carried around in the streets. This is not the tradition, this is not the way we solve our differences of opinion in our Jamat."

Karachi 13 Feb. 1970.

Air Uganda and meridiana Fly

Letter to M Manji & M Ahmad Aga Khan Development Network representative, Ambassador for Ismailis for Uganda (AKDN & AKFED), as received

"My letter to our Leaders " A Question for M Manji/M Ahmad & those who know. Despite the Jamats substantial resources, Investments & relationships in Uganda, what are the reasons why the CEO, and the inner circle, were all not able to obtain the aircraft safety certifications for Air Uganda? You had six months with 4 stages ? Was it because of
;
1 Bad management and or mismanagement (due also if not mainly, to multi positions & lack of oversight, accountability & meritocracy)
2 Meridiana - losses and their licence ws reduced to a provisional licence for 12 months (In their case the CEO was replaced recently And also in 2013 with some Board members – How many have been replaced in Uganda?)
3 Bujagali & public comments by president Museveni. ( and or breakdown of relationships & confidence of government authorities/Civil service)
4 losses at Uganda Air or other reasons (If so what are the reasons)
a. What are the total losses in Air Uganda & AKDN airline sector including Meridiana so far.They seem to be in excess of $ 400 million (excluding and collateral and or cascading impact regional and globally in the next 10 years).
b. Was an impact report prepared in 2013, when air Uganda closed and Meridina issues early this year?
The Jamat is the primary donor & beneficiaries of all our constitutional entities, including AKDN-AKFED. Any losses are losses of , for and to every member of our community. Leaders are appointed to serve the Jamat (and are trustees). Every activity must benefit the Jamat in priority in the foreseeable period. Therefore we are entitled to the information and requisite, reports and clarification. (What Imam says re AKDN “ Any area of activity must benefit the Jamat immediately, or in the foreseeable future” ). Also please read the farman below and earlier Farmans which I have quoted
I look forward to your response.

From the Docket, Tele-conf of 17 Nov 2014

Ottawa 17-NOV-2014 BEFORE Mireille Tabib, Prothonotary Language: E Before the Court: Case Management Conference to discuss scheduling of further steps to be taken Result of Hearing: An order will follow held in chambers by way of Conference Call Duration per day: 17-NOV-2014 from 10:00 to 10:25 Courtroom : Judge's Chambers - Ottawa Court Registrar: Christen Clement Total Duration: 25min Appearances: [Brian Gray/Andres Garin/Kristin Wall 416-216-1905/514-847-4957 representing Plaintiff Jean-Phillippe Gervais 514-288-4241 ext 116 representing Defendant Comments: A further case management teleconference will be held on February 3, 2015 at 10:00a.m. Minutes of Hearing entered in Vol. 917 page(s) 55 - 58 Abstract of Hearing placed on file
---------------------

A letter I sent to Leaders

A letter I sent to Leaders including Brain Gray the Lawyer acting in this lawsuit;

To: 'bgray@ogilvyrenault.com'; 'informed39@yahoo.com'; 'brian.gray@nortonrosefulbright.com'; 'Ex President M Manji Canada (farimed@rogers.com)'; shafik.sachedina@sussexhealthcare.co.uk; 'MONGIN, Sandrine'; 'Eqbal Rupanii CEO LIF'; sherbanoo.moledina@akdn.org; 'noordin.nanji@gmail.com'; 'Alnaz Jiwa'; President Aga Khan Council Canada Malik Talib; mahmoudeboo@gmail.com; 'Ismaili Council President UK aminmawji@blueyonder.co.uk'; Nagib Tajdin (nagibtajdin@yahoo.com); 'Alnaz Jiwa'; 'Mohammed Keshavjee (isabelle.cirot@aiglemont.org)'; 'Ambassador Aziz Bhalloo'

I refer to your email copied to me. I made a further offer on 16th October 2014 to end this lawsuit, as directed by His Highness the Aga Khan on 15th October 2010.

I assume Mr Gray has received this proposal from our Leaders. If you have not, please obtain a copy from, & consider with Shafik Sachedina, and/or Malik Talib, M Manji, E Rupani, M Eboo, & Noordin Nanji. Essentially Alnaz offered the following, and I agreed to double his figure of $6720, and to pay the sum immediately to His Highness the Aga Khan. “Alnaz Jiwa confirms he is willing to pay the maximum notional sum of $6,720.00, for 96 books at $70 each, without any deduction for costs or books as gifts etc”

From: Informed Informed [mailto:informed39@yahoo.com]
Sent: 17 November 2014 12:05
To: bgray@ogilvyrenault.com

PLEASE SEE TWO ATTACHMENTS ON:
WHY COPYRIGHT SUIT SENSELESS AND MALICIOUS:

1. Original article and e-mail to Sachedina
2. Responses and comments from readers.

=====================================================
NOVEMBER, 17, 2014

BRIAN GRAY bgray@ogilvyrenault.com
BARRISTER- AT- LAW
OGILVY RENAULT LLP / S.E.N.C.R.L., s.r.l.
Suite 3800
Royal Bank Plaza, South Tower
200 Bay Street, P.O. Box 84
Toronto, Ontario, M5J 2Z4 T : 416.216.4000
Montréal / Ottawa / Québec / Toronto / Calgary / London
ogilvyrenault.com

Dear Mr. Gray:

Re: Copyright suit
Aga Khan v Nagib Group

This letter is addressed to you as a lawyer for Aga Khan or Imam for Ismailis. The author is one of the followers and very much concerned about the suit particularly the bond and affection between Imam, as a spiritual father and followers as his spiritual children is higher than ordinary parents and children.

As enlightened in the attachments herewith, it is more than obvious that suit is not only senseless but malicious against the Nagib’s group i.e. defendants. This is because the “farmans” are published by e-mail in millions after each “deedar” by followers. As such defendants have absolutely done nothing MORALLY wrong in compiling just a few farmans in collectible books for the benefit of the followers, though this may have on technical ground contravened the law. But than moral law is always above the legal law. One has to be totally out of his mind to file such a suit, that also against most dedicated followers and wash dirty linen in public. People always look down when a battle is between a goliath and a mouse.

Like most leaders, Imam also substantially relies on his Aid and professional for feed-back and advise. As explained in the attachment, this suit has been initiated and propelled by Mr. Sachedina only for his own personal end at the heavy cost to the reputation of Imam. The way appeal after appeal is filed tantamount to nothing but absolute act maliciousness not mentioning harassment by asking defendants to furnish all kind of unnecessary information such as particulars of all the buyers to whom books were sold.

Mr. Gray, as a professional, how could you let such senseless suit be filed and also be a party to an on going malicious acts….!!!

To amend the situation, you should forthwith pass this e-mail with attachments to Imam as it looks the situation from outside the box or gives different perspective. More the perspectives, better the decision can be arrived.

A most concerned follower

Back to square one

Order dated 17-NOV-2014 rendered by Mireille Tabib, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: 1. The Defendants will serve on the Plaintiff the information, documents and affidavits of documents provided in the Order of October 20, 2014, by December 5, 2014. 2. Mr. Jiwa's re-attendance pursuant to the Order of October 20, 2014 will take place in Montreal, in English, on December 22, 2014. 3. Mr. Tajdin's re-attendance pursuant to the Order of October 20, 2014 will take place at the Federal Court in Montreal, in French, on January 26, 2015. The parties are to advise, no later than January 7, 2015, if they require the Court to preside at the re-attendance to rule on objections as they arise. 4. A case management telephone conference will be held at 10:00a.m. on February 3, 2015 to set a schedule for the further steps to be taken in this matter. Filed on 17-NOV-2014 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1249 page(s) 47 - 48 Interlocutory Decision

Usng karsaji money to pay 3 advocates, bravo Sachdina!

R this 3 advocates representing plaintiff? how much they charge fees on one hour? maybe 100,000 rupees?

Using karsaji money

Yaa Ali Madat, dear brave person,

If you read the following again (original testimony by our esteemed leaders), you will realize that anything the Imam says is "NOT VALID" until He edits it, approves it for release, then the authorities decide to release it (IF and WHEN they decide) then us Murids have something to go by. Practically, when we all gather for His Deedar and guidance, without the intermediaries, it is all fruitless because the Imam has not yet approved ANYTHING for release. (At this stage I wonder why we even bother to rush and crowd for His Deedar) Because even any personal messages that could transpire between a devotee and His Murshid have to be edited then released. I hope you get my drift.

Now, with such a scenario, who cares about karsaji because the intermediaries can in theory take total control.

This reminds me of a Firman by MSMS where He outlines that even the firmans made by His "aulaad" that the Jamat knows could be His Firmans, should NOT be followed UNLESS the "aulaad" (substitute intermediaries) has been specifically mandated by Him (publicly via Firman or Talika, unedited by the way).

We live in interesting times, my friend, and need to be vigilant about everything. (personal search) (and any editing or sifting or any knowledge to be done by the individual and not any two-bit intermediary who may or may not have any idea of the facts. (EXAMPLE:- Ginans are devotional literature)

FROM THE LAWSUIT TRANSCRIPT:-

Are Farmans to be followed?

Mr Sachedina says that Farmans that we hear in Didars are not actually Farmans and are not to be followed. He maintains throughout his testimony that only the written edited versions sent by ITREB are actually Farmans. Later, Mr Sachedina has to admit that Farmans come from the Noor, the Light of God. Mr Bhaloo says that Talikas containing blessings are not Farmans.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section

Sachedina #301:
Cross-Examination by Mr Jiwa.
Q. ... Would you agree with me, sir, and you said this earlier, that the jamats are obligated to follow the Imam's farmans and the Constitution?
A. Just as farmans that he has authorized for release to the jamat. Not any farmans. Absolutely what he had given for the jamat, which he has authorized for the jamat, and once he is the one who approves those farmans.

Sachedina #542 - #545:
Cross-Examination by Mr Jiwa.
Q. ... My question to you was that before Mr. Tajdin started distributing these farmans, there were many farmans that were not released by ITREB to the jamat khanas -- to local ITREBs to be read; correct?
A. Because Mowlana Hazar Imam had not authorized the release of those farmans through the process.
Q. So the answer is yes to that?
A. Yes. It was not released because he did not authorize the release.
Q. So you said earlier, if I understand correctly, that the farmans become definite after they are authorized by the Imam?
A. Absolutely. That's my understanding.
Q. And that by His Highness not authorizing, he doesn't want those farmans to be followed; correct?
A. Because they are not farmans. Actually, those farmans have not been authorized or released. That means they don't become effective, and, therefore, they are no longer farmans. They are not made as farmans.

Sachedina #511 - #514:
Cross-Examination by Mr Jiwa.
Q. Now, His Highness, it appears from what you are saying, when he makes his farman, his oral farman, he comes to the jamat khana --
A. Extempore.
Q. Extempore.
--- Off-the-record discussion.
Q. And you are saying that after he approves and finalizes, then it becomes definitely farman?
A. Yes.
Q. Are jamats expected to follow the farman that he has already made, or do they wait until he has authorized the final version?
A. To me, the version that he has authorized become the farmans that are conveyed to the jamat with his authority. So even in my view, and it is my opinion, that even if you had been made aware of a farman to the jamat, the text that he releases after his review are the authorized farmans. Because they have gone the review process by the Imam himself, and he has therefore completed this where there have been -- no, he has reviewed them. If he requires anything, whatever he requires is done, and then in most cases, as I say, he goes through this process and then gets them released. So those are the only ones that are the farmans.

Sachedina #622 - #628
Cross-Examination by Mr Tajdin.
Q. It's still read in jamat khanas usually 11th of July, the day of the Imamat --
A. Yes. That's the farman of the Imam.
Q. It's a farman which is a recognized farman; right? Can you confirm to me if 'Noor' means 'the Light'? And there is a surah in the Koran, a chapter in the Koran, about the Noor?
A. Yes.
Q. Is it the same Light?
A. The Light, yes.
Q. The Light. It's the Light of God --
A. Yes.
Q. -- which guides materially and spiritually?
A. The Noor of Allah, the Noor of God.
Q. Which guides materially and --
A. Yes.
Q. And this is guided through the Imam's love that Noor is guiding us. And since we are all from the same religion, we all believe in this; right?
A. (Deponent nods head up and down).

Bhaloo #143:
Cross-Examination by Mr Tajdin. `
Q. You would accept that the talika is a written farman?
A. Sometimes the talikas are blessings, not farmans.
Q. Oh, blessings are not farmans?
A. I told you that talikas are sometimes blessings given by the Imam to the individuals, but not instructions in farmans.

I shudder when I think that sometime in future some Murid will connect all this to the Imam, since He is the one at the start of the lawsuit.

Mawla rahem kare!!!

Thank you
I am sorry, Mr. librarian, but I thought that extracting the pertinent section from the transcript would be helpful here. You care free to EDIT as you wish.

Farmans are valid the moment they are delivered

The moment Imams speak, the Farman is delivered and valid.There are many Farmans on this.In addition, in the new copyright policy, even live speeches by Hazar Imam can be recorded & published by anyone. Hazar Imam does not edit but annotates(explains) them

A Letter to Shafik Sachedina and the Leaders.
" Following received. Do you not agree that Hazar Imam’s, and Imams make Farmans for , and have said they are for every member of the Jamat , and to be given to all the his murids.

What is then the benefit of continuing a lawsuit to try and get names of those who have Farmans.? I invite you again to meet and end the lawsuit as Imam said on 15th October 2010 and to work together going forward, and speak with one voice as Imam also said.
________________________________________
Subject: Importance of Farmans- Please Read

Being sent as received...

Christians read the Bible. Hindus read the Gita. Muslims read the Quran. All of them read their religious scripture with respect and proper pronunciation. When quoting from their scripture, they read it fully, so that what is being recited is understood completely. What about the importance of Farmans for Ismailis?

According to Hazar Imam, “For hundreds of years, my spiritual children have been guided by the Rope of Imamat. You have looked to the Imam of the Age for advice and help in all matters and through your Imam’s immense love and affection for his spiritual children, his Noor has indicated to you where and in which direction you must turn, so as to obtain spiritual and worldly satisfaction.” –Karachi 13 December 1964

Every Imam’s Farmans are important for us. Who are we to reject and hide Sultan Muhammad Shah’s Farmans? Kalams from Hazrat Ali are still recited, so why be selective about whose Farmans are recited in Jamatkhana. Even our Ginans are hundreds of years old. By going through the Ginans it is clear that the Pirs also stressed the importance of the Farmans of the Imams.

On this topic, Hazar Imam stated, “My Jamat would know that during the past decades much time and effort has been taken to reconstitute our knowledge of our history. Knowledge which has been buried by time, which has sometimes been buried on purpose by others, but which it is essential that we should reconstitute and use in order to inform ourselves as to the practices and beliefs and the ethics of the past within the Jamat, the guidance that was given by the Imams of the Time, and to inform ourselves so as better to project into the future a number of important decisions.” – Dubai 13 December 2003

Sultan Muhammad Shah said:

“Amongst you, there are some who know nothing about their faith (deen).”

“When that religious and spiritual guidance which should reach their souls, do not reach there, their hearts wander everywhere.”

“Consider my Farmans to be of great value. If you treat them as worthless, it would be damaging to you.”

“I have made many Farmans to you, but it is only when you act according to my Farmans that they can benefit you. If you act according to my Farmans, then I will consider that to be as if I had made Farmans till morning!”

“Only those who live according to my Farmans, are my true Momin.”

“It is up to you to keep the Farmans, which I have made, alive and awake. If you write them, read them, and act accordingly, it means you have kept the Farmans alive. If you do not, it is as if you have killed them.”

Ya Ali Madad

Prolonging the case

From the Docket at http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?...

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 31-OCT-2014 directing that "A case management telephone conference will be held at 10am on November 17, 2014. Une conférence de gestion par conférence téléphonique aura lieu à 10h le 17 novembre 2014." placed on file on 31-OCT-2014 Confirmed in writing to the party(ies)

A letter to Leaders of the

A letter to Leaders of the Aga Khan Instituions, and reply from Alnaz Jiwa regarding Meetings & discussions with Shafik Sachedina

From: m. chatur.co.uk Sent: 01 November 2014 18:14 To: M Manji Ex President Aga Khan Council Canada; 'aminmawji@blueyonder.co.uk'; 'zauhar.meghji@kelam.com'; 'naguib.kheraj@akdn.org'; 'Noordin Nanji Chairman ICAB'; 'Eqbal Rupanii CEO LIF'; 'Mr Shafik Sachedina'; 'svellani@iis.ac.uk'; 'Ambassador Aziz Bhalloo'; 'President Aga Khan
Council Canada Malik Talib'; sherbanoo.moledina@akdn.org
'
I also read & studied all the lawsuit documents & evidence since April 2010. I also questioned Alnaz and Nagib, in detail, I have also met them. At my first meeting with them, I video recorded them giving us an impromptu, minute by minute account of their meeting with Hazar Imam on 15th October 2010. I have offered to show this to you/leaders. It is compelling and those who have seen are wowed, & one leader said Nagib & Alnaz are clearly “very Imani”

On 15th October 2010, Hazar Imam was magnanimous, gracious, noble, kind, humbling, clear and truely loving.
Hazar Imam was not angry at all with Nagib or Alnaz.

I also spoke to Shafik Sachedina & met him quite a few times including at IIS, Ismaili centre, & Gatwick. I questioned him too. He agreed to end the lawsuit by consent. He was instructing Gray and he said they spoke to Salim. I had many conversations with Nagib & Shafik during that period. He agreed to end the lawsuit. I drafted a consent letter. Shafik then reneged, and did not mean what he said or do what he said. Right Shafik?

You are right, Salim Jiwa is a journalist and was Editor & Publisher of Vancouverite - Vancouver's online news. http://www.vancouverite.com

Mahebub

-----Original Message-----
From: Alnaz Jiwa [mailto:alnazjiwa@hotmail.com]
Sent: 02 November 2014 13:04

YAM, Mahebub.

Your below noted comment about what we said about the meeting we had with MHI is important.

I have often written about what MHI, and He ended by asking Mr. Sachedina and Mr. Manji, 'Why can't you work together with them (pointing to us)'.

It has now been four years since our meeting.

You said you have met Mr. Sachedina on a number of occasions. Did you ask him what MHI spoke about during the 38 minutes the was with us.

Had MHI wanted to tell us that we were being nafarmani in refusing to follow His letters He wrote to Nagib (none to me), and that He had to sue us as 'sad last resort', it would have taken Him exactly one minute to tell us off - to tell us that our denials that it is He who wrote those letters, and that it was He who brought the litigation.

I will note only one point made by MHI, of many, to show He did not cause the litigation to be issued.

In the court pleadings, it is alleged that MHI has a long standing custom to edit Farmans (OK a second point too) that He did not remember the 1992 Mehmani when the first book published by Nagib was presented to Him.

MHI looked intently at us and without mincing His words said, '...my Farmans cannot be changed. You know from our history, when the Farmans were changed, the dais got hurt'. This position of MHI directly opposed the allegation in the Statement of Claim.

And of course He remembered the 1992 mehmani. He also said that He had told ITREB then that they should retain competent translators to translate 'His Farmans from English to French, Farsi, and other languages'.
Why translate? He did not say translate some Farmans. It is evident tgat ITREB did not do as asked.

So Mahebub and others, when you meet Mr. Sachedina and Mr. Manji, please ask then what MHI said to us when He came for discoveries.

And please, all of you, record your conversations when you ask them, as it will be proof of the pudding.

To date I have never heard them dispute what Nagib and I have maintained all along of what MHI had said on that day.

-------------------
"At my first meeting with them, I video recorded them giving us an impromptu, minute by minute account of their meeting with Hazar Imam on 15th October 2010. I have offered to show this to you/leaders. It is compelling and those who have seen are wowed, & one leader said Nagib & Alnaz are clearly “very Imani”

Alnaz Jiwa

Letter to and from Malik

Letter to and from Malik Talib Predident of Aga Khan Council for Canada

Thanks Mahebub for asking this question on the behalf of myself and all the others on our team who submitted our letter and email to Mr Talib in December 2013 and to which we have had no response or even an acknowledgement like he has given to the volunteers ANONYMOUS email. What does that tell you ?

Regards Fazilet

On Thu, Oct 30, 2014 at 5:40 AM, wrote to Malik Talib
Please confirm emails below. Please advise;

1 You say want to meet them. Why then are you not meeting for example Fasilet, me, and or Nagib/Alnaz (after going to his printers), for example,

a. to discuss and resolve the specific & reasoned requests, including

i. ending of the lawsuit and the offer to end the lawsuit against Alnaz and nagib

ii. giving of Farmans, and of our full constitutions,

iii. not responding to the specific issues.

2 Can you please share what have you done regarding the issues in this letter.

3 What do you want their names for ? Why not just tell them what you have done?

Mahebub

From: cfc@talib.ca
To: tivc@outlook.com
Subject: Re: Breaking the Silence-Volunteers at Opening Ceremonies
Date: Sat, 25 Oct 2014 03:34:28 +0000

Dear Volunteer
I acknowledge receipt of your email.
Please send me your contacts so we can arrange to meet you to discuss the issues raised.
Best regards
Malik

On Oct 24, 2014, at 11:06 AM, tivc volunteergroup wrote:

Ya ali madad President Talib,

We are a GROUP of volunteers who were given various duties during the opening ceremonies of the Ismaili Centre and the Aga Khan Museum. Our group of seva dharis consists of volunteers given various duties in the Centre and the Museum such as crowd control, ushering, transportation, refreshments, registration and also some of us were given various duties at the Energy Centre., for this barakat, we convey our shukhrana's to our beloved Imam.

After the events were over we have met several times to ponder on the events and all the arrangements, our duties and jamat and donor's reactions. We have also read some of the emails that have been circulating regarding the treatment of the Canadian Donors and also an investigation done by Mr.Dharamsey of UK about the event. After a lot of discussion, we feel that it is appropriate that we take this opportunity and write to you as you are the Captain of our ship.

Mr.Dharamsey's investigation has reported glaring mismanagement and insulting attitude towards our major canadian donors, as volunteers that had duties in various areas we totally agree with what has been reported.

Reply to President Malik and

Reply to President Malik and Leaders from the Volunteer Group
A few more emails . They say “to contact you personally will be disastrous as we will be blacklisted”..” Prove to the Canadian Jamat that you are an ethical Institution Leader.” your own Internal investigation has proved what we have reported as the TRUTH so why are you not taking any steps to improve this unethical practices?

I look forward to hearing from you. Mahebub

---------- Forwarded message ----------
From: tivc volunteergroup
Date: Tue, Oct 28, 2014 at 11:21 AM
Subject: RE: Breaking the Silence-Volunteers at Opening Ceremonies
To: Malik Talib
Cc: "donorcda@gmail.com" , "farimed@rogers.com" , "globalismaili@gmail.com" , "hirjis@rogers.com" , "mrajwani@sympatico.ca" , "sunderjikarim@rogers.com" , "shafik.sachedina@aiglemont.org"
Ya ali madad President Talib,

Thank you for responding.

We are a large Group of dedicated volunteers and many of us are aspiring to be Jamati Mukhi Kamadias or Higher Majlis Mukhi Kamadias and also on the Council, for us to contact you personally will be disastrous as we will be blacklisted and not get any positions,

you are fully aware of this. In fact some of us had spoken up at the Fiasco during Golden Jubilee in Toronto and since then we have been blacklisted and do not get any positions in Council or as jamati or Majlis Mukhi Kamadias.

We are sure that your own Internal investigation has proved what we have reported as the TRUTH so why are you not taking any steps to improve this unethical practices?

We urge you as the Captain of our SHIP - DO NOT LET US DOWN! Do something and if you have to involve LIF and Aiglemont to reprimand those who use Aiglemont name to practice unethical behavior. Prove to the Canadian Jamat that you are an ethical Institution Leader.

Volunteer Group.

Malik, you promised Fazilet over 9 months ago to meet and address the issues.? You have not kept your promise. We are all volunteers.

Reply from Alnaz Jiwa

Reply from Alnaz Jiwa to Malik Talib President of Aga Khan Council Canada

-----Original Message-----
From: Alnaz Jiwa
Sent: 30 October 2014 11:46
To: m. chatur
Cc: aminmawji@blueyonder.co.uk; 'President Aga Khan Council Canada Malik Talib'; 'Eqbal Rupanii CEO LIF'; 'Iqbal Lakhani'; salimabhatia@btopenworld.com; 'Qahir Manji'; nimet.hirji@iiuk.org; 'Khan'; editor@theismaili.org; 'Ambassador Aziz Bhalloo'; 'Saliyat'; mahmoudeboo@gmail.com; 'Noordin Nanji Chairman ICAB'; zauhar.meghji@kelam.com; 'Mr Shafik Sachedina'; 'M Manji Ex President Aga Khan Council Canada'; sherbanoo.moledina@akdn.org; nagibtajdin@yahoo.com;

Ya Ali Madad,

I read the volunteer's email with interest but am certainly not surprised.

However, I am glad that these volunteers are speaking up. The type of compliant made is nothing new. Our leaders for a very very long time have abused their positions in similar circumstances.

Our jamats and volunteers have always tolerated such terrible behavior and simply kept quiet.

MHI expects jamats to fight back.

He has insisted that the jamats SEEK accountability, answerability, and competence. Yet if jamats ask leaders for answers, we are told that they are answerable only to MHI. They openly defy MHI's publicly stated Farmans. Remember MHI publicly spoke about leaders not doing what he tells them in London during his GJ Farman.

I have a written minutes of Mawlana Sultan Mohamed Shah's advise to elders. He told them to give up their positions to allow younger people to take leadership positions, and then said if they won't allow this to happen, "they will revolt". He then said that those who seek to cling to their positions, " I pray that they die early ".
Note that He Himself in His Will stated that the wanted a young man to lead the Jamat.

MSMS in response to a complain by a teacher in Dar es Salaam that they were not paid enough to survive, said, "hartal Karo" (go on strike).

MHI in one Farman said, that He knows who serves the Jamat when He is physically not present, then added, but these murids do not have courage to "PUSH FORWARD" and serve Him when He is physically present with the jamat.

Imams expect people to "push forward", seek answerability, etc.

Therefore, it is important for our jamats and volunteers to fight back against our corrupted leaders.

The volunteers are seeking meeting with Mr. Talib. Is he the right person? Is he not part of them. Why not seek to present a submission to ALL LIF members for their consideration and response. Better still, why not ask to make a personal presentation to LIF during their meeting, and to deliver such request to MHI personally also.

An important point to note. During the recent opening ceremonies in Toronto, one could safely say that these two buildings are very very important part of our history, yet MHI did not appreciate the Jamats, and did not give His Blessings to the jamats and did not also tell leaders to convey His Blessings to the Jamat when He left.

We must ask why He did not do so. Is it because of our leaders' actions.

I end by congratulating the two groups who have started to fight back.

Our jamats should be encouraged to apply MHI'S farman of seeking accountability and to do so on a wide scale.

I will end with one incident during MSMS's time. MSMS told one jamati kamadia saheb, " mukhibko itna satavo, me khud chor ke chala Jaye." (Trouble mukhi so much that vheb himself leaves and goes away.

Alnaz Jiwa

Shafik Sachedina says he

Shafik Sachedina says he does not follow Ginans, and yet he says Asha Jee in JK. Read below the Farman and knowledge of Imam in this Ginan

To: 'Eqbal Rupanii CEO LIF'; 'Ambassador Aziz Bhalloo'; 'mahmoudeboo@gmail.com'; 'Noordin Nanji Chairman ICAB'; 'zauhar.meghji@kelam.com'; 'Mr Shafik Sachedina'; 'M Manji Ex President Aga Khan Council Canada'

Thanks. We say Asha Jee every day before Dua. Listen to 3 verses and read the following meanings.

Then read what Shafik Sachedina said “..Ginans are devotional poetry, and thus as poetry, it is not in a way incumbent for anybody to follow the Ginans “

Asha Jee
Regarding 3 duas, 3 times a day - 3 verses
Farmans are disseminated, shared by our Pirs and incorporated in Ginans
Hence Ginans and Farmans are the same (as MSMS and Hazar Imam have also said)
----------------------------------------------------------------------------------------------------
Do not forget the evening prayer time
That is Guidance (Farman) from the Master (Imam e zaman)
This is the time given to you (by Imam)
It is a window for you to enter & experience spirituality(din)

Oh Exalted Lord (Noor e Imam), you are the eternal
You are the Lord of the souls
you alone have the full knowledge of eternity

Know this is the second time prescribed to you for dua (prayers)
A time, when a little time of the night has passed, after sunset.
This is a window which leads you in the presence of the Lord (Noor e Imam)
you will be enlightened by the guidance you receive from the Lord (Noor e Imam)

Oh Exalted Lord (Noor e Imam), you are the eternal
You are the Lord of the souls
you alone have the full knowledge of eternity

Know that this is the third time of prayer prescribed for you
This time is before dawn, in the early hours of the morning
This is your window to Paradise (enlightenment/deedar)
This you can attain through guidance from the true guide (Imam).

Oh Exalted Lord (Noor e Imam), you are the eternal
You are the Lord of the souls
you alone have the full knowledge of eternity

Link to the Order of Prothonotary Tabib on 20 October 2014

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

Order in English

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

Order in French

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

Seeking and sharing Farmans

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

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

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

Does anyone really believe

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

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

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

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

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

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

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

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

New Judgement - Docket 21 oct 2014

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

Sachedina's participation in circulating forgeries

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

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

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

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

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

Access to Ginans & Farmans

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

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

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

Letter to S Sachedina &

Letter to S Sachedina & leaders as received

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

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

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

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

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

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

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

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

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

6 in not having consultation, consensus, conciliation or dialogue

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

8 in blocking Farmans, annotations, and the constitution

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

a. not meeting Alnaz before filing the lawsuit,

b. or after 15th October 2010.

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

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

· Always, seek mediation and conciliation.

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

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

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

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

· Always mediate at the earliest.

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

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

Letter to S.............

Aly, there is NO exit strategy for ANY of these guys, short of total disgrace.
They would become completely pariah ( " ACCHHoot " ).
Next would be.........extermination?
Therefore, my esteemed friend please do not unduly wait for any replies.
Thank you.

Open Letter sent to LIF,

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

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

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

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

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

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

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

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

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

Marielle Tabib Prothonotary

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

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

Letter doubling the offer (as received)

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

cc Alnaz Jiwa & Nagib Tajdin

From: Mahebub Chatur

Re: Lawsuit against Alnaz Jiwa & Nagib Tajdin

OFFER TO END THE LAWSUIT AGAINST ALNAZ JIWA

I refer you to;

1 The Offer from Alnaz Jiwa

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

2 LIF announcements - 2 - excerpts

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

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

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

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

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

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

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

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

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

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

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

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

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

e. Hazar Imam wants all murids to have Farmans

f. Hazar Imam confirmed Alnaz was not involved.

g. Hazar Imam asked you to end the lawsuit.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. The offer is without prejudice, and

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

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

Mahebub

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

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

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

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

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

Marielle Tabib prothonotary

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

As received - A Farman “ I

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

This Farman is very important:

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

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

When Leaders do not, they are DEFYING the Imam.

These Farmeens are for

These Farmeens are for Humans not Vultures...

What His Highness the Aga Khan said recently...

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

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

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

Alnaz Jiwa Clarifies

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

Ya Ali Madad,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The fight goes on.

Alnaz

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

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

letter sent to Shafik

letter sent to Shafik Sachedina today and...

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

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

Mahebub

Even if Alnaz gives $100 per

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

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

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

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

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

Alnaz Jiwa has offered to

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

NO EFFORT WAS MADE TO MEET OR EVEN CONTACT ALNAZ.

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

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

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

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

Alnaz Jiwa say

Alnaz Jiwa say

From: Alnaz Jiwa [mailto:alnazjiwa@

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

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

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

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

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

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

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

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

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

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

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

Alnaz
"

Brian Gray is very selective

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

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

Letter to Shafik Sachedina &

Letter to Shafik Sachedina & all Leaders,

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

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

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

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

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

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

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

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

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

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

I look forward to hearing from you.

Mahebub

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

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

Case continues

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

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

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

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

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

Mahebub

Don't worry, they are

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

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

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

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

Remember what H H the Aga

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

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

YAM,

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

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

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

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

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

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

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

Here is what the Docket says for today:

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

Faith teachings and Copyright - the front end to vengeance

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

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

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

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

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

What Alnaz says below, a

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

Thank you, and also WE KNOW;

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

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

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

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

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

YAM,

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

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

This dying is, perhaps, spiritual dying.

Revolt, we can see coming from many angles.

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

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

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

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

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

Alnaz

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

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

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

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

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

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

Thank you.

Hearing 7th October 2014

Letter sent to Leaders 4 October 2014

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

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

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

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

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

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

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

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

Hearing 7 October 2014 ...

Letter to Shafik Sachedina & leaders, as received

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Read what Nagib says The Real question to ask:

The process in place is good but it has been hijacked

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

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

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

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

Letter " Sent: 01 October

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

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

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

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

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

EMAIL RECEIVED FROM A MURID DONOR Z OF CANADA

Ya ali madad President Talib,

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

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

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

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

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

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

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

Hurting Canadian Donors.

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

2014-09-24 Ottawa Letter

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

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

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

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

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

Letter to Shafik

Letter to Shafik Sachedina;

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

Vazir Shafik Sachedina

Dear Shafik,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

With Ya Ali Madad

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

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

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

Mahebub Chatur

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

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

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

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

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

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

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

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

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

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

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

With Ya Ali Madad

M Chatur's lengthy letter

Mr. Librarian,

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

Thank you.

Clarification

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

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

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

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

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

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

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

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

Retraction.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

c. Every member of the Ismaili community is equal

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

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

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

ii. we are also entitled under the Ismaili constitution.

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

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

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

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

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

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

b. The directors of IPL I believe are

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

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

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

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

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

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

8 Additionally, and in any event,

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

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

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

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

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

a. this video (pledges), &

b. the Ismaili constitution.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

i. in the interest of our community,

ii. in the public interest, and

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

iv. In accordance with the wishes communicated by the Imam

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Actually there is a scanned

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

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

Thank you.

Copy of my letter to our

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

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

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

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

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

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

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

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

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

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

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

Copyright Case continues on 7 October 2014

Docket for 28 July 2014 reads as follow:

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

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

4 years after Mowlana Hazar

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

What Hazar Imam said ."..

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

NCAB and ICAB INDIA

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

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

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

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

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

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

Allah proctect me from those who follow you!

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

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

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

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

Complaint against Tobacco (Cigarettes) in Ismailies colony

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

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

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

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

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

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

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

Thanks and Regard,

Imran Muhammad Aslam
Good for nothing

My email ID cool_imran007 [at] hotmail.com

ARE NCAB AND ICAB BEING

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

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

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

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

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

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

Thanks. Do you agree Zina is right and,

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

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

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

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

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

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

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

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

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

I look forward to hearing from you.

Request for information from

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

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

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

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

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

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

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

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

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

July 5:
NanoWisdoms posts the transcript of the speech.

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

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

Contempt towards sayings of Imam

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

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

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

INstitutions in East Africa

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

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

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

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

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

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

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

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

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

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

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

Chairman
Tsavo Power Kenya
1995 - present ( 17 years )

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

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

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

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

Founding Trustee
Vice President for Africa

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

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

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

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

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

Aga Khan Conciliation and

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

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

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

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

The Aga Khan says all

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

In the 1998 constituion

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

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

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

A Farman can abrogate any article in the Ismaili Constitution.

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

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

Every appointee must ask for

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

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

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

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

Unbelievable ... this cannot be true?

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

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

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

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

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

Letter of compliant by Dr

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

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

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

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

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

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

letter to Leaders

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

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

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

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

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

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

WHY WOULD THEN IMAM CONTINUE THE LAWSUIT ?

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

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

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

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

The Imam said that you know

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

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

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

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

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

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

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

prolonging the case

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

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

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

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

Thank you.

March 10, 2014 Brown University lecture Deleted Written Version

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

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

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

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

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

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

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

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

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

What Imam said few weeks ago

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

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

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

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

motions and letter

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

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