Ismaili.NET - Heritage F.I.E.L.D.Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29
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 and sells them for C$50.00 or gives them free, 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
| Attachment | Size |
|---|---|
| Tajdin Defence Apr 29.10.pdf | 491.02 KB |
| Jiwa AK Defence Apr 29.10.pdf | 543.82 KB |
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Comments
To all our Leaders; Shafik
To all our Leaders;
Shafik Sachedina swore an affidavit under oath on 25th June 2010. He was not telling the truth.
1 Sachedina says the definition of a "Farman" is AN ADDRESS by the Aga Khan as Imam to his community.." - The word address means "spoken or oral " not written.
Sachedina added, a 'Talika" is a BRIEF, WRITTEN RELIGIOUS MESSAGE conveyed to his community by the Aga Khan".
(Emphasis supplied in the context of this comment)
Firstly according to the constitution the definition of a farman by Hazar Imam is different and is NOT AN ADDRESS but “ any pronouncement, direction , order ruling made of given by Hazar Imam” This is not exclusive and includes all speeches and writings etc. .
Secondly Sachedina’s definition of a Talika is wrong or the announcement on 21 Jan 2011 was not a Talika at all. This was announced as a Talika. It was certainly NOT a “brief RELIGIOUS message” ? So Sachedina is again not telling the truth or does not know what is a Talika and not telling the whole truth by trying to be clever or economical with the truth when it suits him ?
Therefore there can be no doubt Sachedina is not telling the truth
2 Sachedina also says “ Once a Farman is read in the Jamatkhana, it is filed in a Binder in Jamat Khanas… Members of the Jamat wishing to read the firmans may do so in Jamatkhana by asking the Mukhi/Kamadia Shahebs ..” Sachedina is not telling the truth because;
Firstly if that was true and all new Mukhis are given the old binder then every Mukhi/Kamadia will have all the Farmans in all Jamat Khana. That is a lie because no Mukhi/Kamadia has them all in a binder. What they have is a selection given and authorised by Sachedina who controls DJI who control ITREB’s and Who tell Mukhis what to say and do
Secondly The constitution is a Farman and includes all Farmans because they are a Part of the constitution. No Mukhis or Kamadias have a FULL set of the constitution with ALL the rules and Farmans (in the binder which Sachedina says is with all Mukhis in all Jamatkhanas in the world.
Not taking account of all the other related untruths, how can all leaders and the Jamat believe and trust such a Leader. Should Sachedina not resign and should you not make sure every Leaders and Mukhi has the binder containing ALL farmans, which will include the full and complete constitution (Farman)
Sachedina will of course say only excerpts of Farmans are allowed by Imam or not approved, or that Imam has agreed in Principle only, or that Imam thinks in French and so Farmans needed to be edited by Sachedina, or |Imam does not wish Farmans to be shared,etc Don’t believe all that. IF there are any such Farmans then they should be in the Binder and Sachedina would not have made these stamements under oath in June 2010. If there are such farmans in that binder, then ask him why did he say under oath in June 2010 that all are available and in a binder. And of course ask him for a signed copy of those Farmans and of course dont forget the annotations too. The annotations are themselves farmans and why not in those binders too.
Sachedina's (and his inner circles) favourite is I am still here because Imam wants me here, and only Imam can remove me. Read and study carefully what Hazar Imam says is your role and responsibility in the constitution, Farmans, and institutional directions (Farmans). Then do the right thing.
If you approach Hazar Imam before you do so, then be prepared with all the answers. Hazar Imam may well ask for example, what do you suggest, what do you think is the solution, Have my leaders made every effort to discuss, understand and resolve this amongst your selves institutionally, Have you spoken to my Murids to understand ! Imam of course may ask many more questions before Hazar Imam repeats the Gudance Imam has already given before.
Leaders and Mukhis reading this should share this with others, and ask SS for a full copy of that binder which is complete, and handed down by Mukhis in the succession since1957 and earlier.