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 |
- Printer-friendly version
- Login to post comments
- 1333231 reads
Comments
Sachedina Calls Imam "he "
Sachedina Calls Imam "he " not Imam or His Highness.
Sachefina says Imam asked him to discuss with everybody at LIF ? but SS disobeyed Hazar Imam & only discussed with M Manji.
Azim Lakhani approved it blindly and is trying to defend Sachefina.
Sachedina says the 2nd LIF announcement was drafted and dictated by Hazar Imam. If so it is a Talika or a Farman, not an announcement ?
Read what Sachedina says and you will have no doubt that SS is not telling the truth.
SS does not even have the respect to call Imam as Imam or His Highness - Sachefina calls Imam as "he" That shows what respect he has for Imam ?
"Q. So you took some notes during that phone conversation? (With Hazar Imam)
A. No, because I was in a car and he was telling me on the phone and I was driving from wherever it was to the airport. So I was being told by -- he was reading it out to me. (Even Mr Gray calls Imam His Highness nor Mr Sachedina)
Q. So you did not take any note of --
A. No. And he then says that Sherbanoo or somebody will send me the -- whatever the final draft will be.
Q. That's fine. So did Sherbanoo send you the draft?
A. I would presume there must be a draft somewhere, but
I haven't got -- I can't tell you that I have definitely got --
Q. Mr. Sachedina, can we have it as an undertaking to provide --
A. It's privileged. As I said to you, what Imam sends me is privileged communication.
Q. It's draft of something which was read -- (inaudible)
A. But I don't know --
Q. Do you agree to it? It's a draft --
MR. GRAY: We don't agree to produce it. We'll take it under advisement though. You want the draft of the announcement of April --
--- UNDER ADVISEMENT
BY MR. TAJDIN:
Q. Yes, I would like to see --
MR. GRAY: April the 15th, I think it is.
BY MR. TAJDIN:
Q. The draft which Mr. Sherbanoo sent to Mr. Sachedina?
A. No. The draft of the final text that Hazar Imam authorized --
Q. So it came from Sherbanoo --
A. Sherbanoo's office, who said this is the text which Hazar Imam has authorized.
Q. Do you remember approximately at what date?
A. It was the day -- the day the announcement happened.
Q. So the same day it was read?
A. I think it was either the same day or the evening. Because I think I was on my way -- it's my recollection, and I want to make it recorded it was my best recollection, and I was in -- and I was going -- and I was travelling to London, and it was on the road that I got this message, and that is when this thing was. And he (IMAM) then says 'I am now authorizing you to release this announcement through the LIF. Talk to Azim, talk to everybody, this is the position.'
Why would Imam dictate to Sachedina and then dictate to sherbanoo and then authorise Sachedina to send it and then at the sane time say to Sachefina to talk to Azim and everybody ? That is not how Hazar Imam works. Hazar Imam is very particular and meticulous.
It will be interesting to know precisely where Sachefina was during the day on 16th April 2010 and which airport he was driving to from or in London, and when he then got the final draft and did he edit it and what did he say to Azim and who else did he spoke to regarding this and who actually sent this to the 4 Presidents and why India refused to announce in India. Calls he received and made and times will also be available.
If the appeal is allowed I am sure the whole truth will come out and Most Ismailies will love to be present at the cross examinations of Shafik, M Manji and Azim Lakhani at the trial. I wonder why SS did not mention the LIF Secretary who will have been involved too?