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
Sister Yasmin, be careful
Before you write any such wordings, I would request you to think over the following:
1. Imam Sultan Mohamed Shah's farman in Kalam-e-Imam-e-Mubeen: Moman Nuseri kept on proclaiming "Ali sahi Allah" despite being stabbed over 70 times. Then the Divine Proclamation was made that indeed, Moman Nuseri is a true momin! These are Imam Sultan Mohamed Shah's own words
2. Pir Hassan Kabirdin's ginan: "Allah ehi Imam..."
3. Sayyed Imam Shah's Granth: "Moman Chetamni: Ali te to sahi Allah kahiye, te mahe ochho nahi re lagaar..."
Another verse in the same Granth says: "tyare teni kudrat raakhi pota kane. Ali ne Allah kari jaaniyo..."
4. The words of the Holy Dua: "The LORD of our age and time, our present Living Imam..."
Also: "Seek at the time of difficulties, the help of your LORD, our present living Imam..."
What does the word "Lord" mean to you?
My dears, this debate takes me back to the era of Gadir-e-Khum. The Sunnis broke away from the true path because they argued over the meaning of the word "master" (He whose master I am, Ali is his master). We seem to be falling into the same trap. It is all intricacies of language. One sentence may be in third person, one may be in first person etc. For true believers, words of our Imams and Pirs should be enough. To understand this concept even better, you will have to study the Ten Avtars and then you will see that each Avtar, be it the form of a Tortoise, Fish or Human, were all the Almighty Himself taking forms. If you study the literature on Ten Avtars properly, Imam and Allah will merge into one for you. And that belief is what differentiates the true believers from the rest.
Sister Yasmin, be careful of your wordings. Do not just go by the translated versions and fall into traps of language. Anyway, ibadat and bandagi are the ways to prove this definitively. I always say to people, can you prove definitively that Imam and Allah are different entities? They should not bleat like goats and sheep that Imam is not Allah.
.
I hope you have understood what I mean that via bandagi there is definitive proof that Allah ehi Imam. Our Pirs do not lie. They were divine personalities who had reached the highest stages of spirituality.
Need I say anything further?
Yours disappointedly,
Sister Zeenatara Allahrakhya