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Copyright Lawsuit: 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 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

Latest News Comments

AttachmentSize
Tajdin Defence Apr 29.10.pdf491.02 KB
Jiwa AK Defence Apr 29.10.pdf543.82 KB

Comments

True or False What do you

True or False What do you think ?

How did Shafik Sachedina and his Group manage to get absolute control over the last 20 years, and why the over confidence to file this lawsuit and openly disobey Hazar Imam.

The Constitution and institutional autonomy was given in the constitution in 1986 and re-confirmed in 1994. At this time, Shafik Sachedina and the same group were in control, as they are today with a few selected additions to the Group
Sachedina and Co are driven primarily by excessive material greed, and realised that if they focus the Jamat and leaders down the line on Jamati budgets and the Tariqah with many Boards and committees then they can all be kept busy with that and the budgets they are given. GRB will audit them. SS and Co told the Leaders that they are not answerable and accountable to the Jamat but to the Imam through the Imams “office”. That is in reality Shafik Sachedina and his inner circle at Aiglemont.

Sachedina and Group then installed their “yes” team there with salary, benefits and or budgets to spend and manage. They are still a part of the inner circle, and include Mohammed Keshavjee, Sadru Datoo, E Rupani a Lakhani M Manji, A Bhaloo, and Amyn Kassim – Lakha. Sherbanoo, and others.

Presidents, Chairs of ITREB, Mukhis and NC Boards were happy to keep their reports and Farmans secret, and gradually block and limit them from the Leaders and the Jamats in different countries. All of them report and answer and are accountable to DJI- Shafik and co ( Even today they call it Imams Office, and will go out of the way not to say Shafik or DJI – They have been pre conditioned and brain washed to believe and say that.)

When anyone questions they are told that Imam has approved and confirmed. This is verbally and at times a blank or signed document is shown which is not given or verified. They have mastered this art and to divide and rule nationally and globally.

The EOTR is cleverly planned to drive their agenda too. This report is prepared by individual boards in each country at the end of their term not beginning and end. The President passes a draft to SS and Co. SS and Co tell the Presidents individually what to say. When needed SS says he has discussed with Hazar Imam and this has been confirmed. So no more questions are raised.

As an additional strategy what SS and co have done is for the outgoing President with the EOTR to do the next 3 Years Plan for the new President the way they want it to be. So the new President and Boards already have a pre agreed plan (OSB) which cannot be changed unless SS and Co agree. So they are monitored and conditioned to implement, not to plan and execute. This OSB they inherit is leader centric not Jamat centric. If any new Presidents Chairman’s etc. does not follow the plan, they can be blocked, frustrated and marginalised or effectively changed.

When Leaders sign their Oath to defend the constitution they are told not to worry. Those who ask are given the printed version of constitution (not the full set including autonomy, answerability and accountability etc.). Therefore over that last 20 years this has become systemic and a normal. Jamati Leaders and Mukhis are only focused on the Jamati NC Budgets, Tariquah, and programs.

This leaves Sachedina and Co in total control of the billions and all the AKDN companies, including the collections which are not audited. What gets audited is selective and GRB audits are limited.

AKDN reports are not shared with the Jamat or the Leaders including the National Presidents. The Individual country reports are not shared Presidents and Chairs of all the countries based on Farmans and the constitution

Very clever and in fact ingenious! The first indication Jamat got was in London Golden Jubilee Farman in 2007, and other Farmans especially in Dec 2008 when Imam talked of the new constitution and to have an integrated institutional approach where we have fewer consolidated Institution all working together and not in individual silos or chief doms as is the case..

The over confidence, arrogance and absolute control has been perfected in the last 20 years. This has become pervasive and is systemic. Selective Marginalization of Jamat has is also systemic. The Jamat and leaders are afraid to question and fear being blacklisted. They believe and are told repeatedly that Imam knows best and Imam is controlling everything. More pictures of SS and CO with Imam are used to reinforce and exploit. The Institutions do not have autonomy. The Jamat and Leaders believe this and in the spirituality even though Imam says in the Zahiri we must not.

There are a number of Ismailes in every JK who are strategically planted to politically maintain the status quo, and to report direct to SS and Co. They are told Imam has appointed them in this special private role and seva. Therefore those who stick their neck are known, managed or marginalised.

SS and Co effectively control all appointments and especially the strategic ones in every country and every institution.
SS and co are driven and magnetised by excessive material greed at the expense of our din or the Jamat. They are controlling billions of Jamati and institutional assets businesses and funds. So whether there is integration or attendance and participation is dropping and we are becoming occasional Ismailies does not matter to them and benefits their strategy of command and control

The power as with Dictators went to their Head, that they acted with arrogance and filed a lawsuit against Alnaz and Nagib, Thinking they will marginalise and harass them, and they will be then excommunicated.

SS and Co despite working closely with Imam see him as normal and no longer respect Mawla’s guidance and Farmans. But they never expected Nagib and Alnaz will defend, and that their reality will come to the fore, as a result of this lawsuit. If not I certainly would not have realised and spent all this time and effort which I am happy to do.

SS Group are so powerful with all the money and powerful political and commercial connections. They are also overconfident that they will easily win this case in Canada, as they have done with other Ismailies in Pakistan, India and East Africa who they have marginalised over the last 15 odd years.

Today Jamati rites and ceremonies have been changed and reduced, Farmans are not given and being blocked, Nagib and Alnaz sued, Jamat mambers marginalised, In India we have 3 cases by murids. Leaders do not respond to clarify let alone responding to the critical needs and concerns of the Jamat, less than 10% of TKN used, nepotism,, and I am sure we can all go on and the list is very long and getting longer. Jamat participation and attendance has gone down.

Does this sound familiar and true to you. Share your thoughts with the Jamat, especially if you are a leader or an ex Leader !

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