Welcome to F.I.E.L.D.- the First Ismaili Electronic Library and Database. Guests are not required to login during this beta-testing phase

Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29

Thursday, 2010, April 29
Heritage News

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

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


His Highness The Aga Khan is

His Highness The Aga Khan is founder and Chairman of the Global Centre of Pluralism. The Government of Canada is a founding Partner. Compromise, dialogue, collaboration and sharing knowledge are foundational to Pluralism and for the Global Centre of Pluralism.

The purpose of the centre is through dialogue to collate, share and disseminate knowledge and know how. Regarding Compromise the way forward is Compromise through mediating institutions of governance, enabling and supporting compromise; seeking compromise through collaboration. Compromise is necessary again, and again and again.

Would then His Highness the Aga khan file a lawsuit against one of his followers without any dialogue, for sharing the knowledge His Highness has shared and given for his followers to share and follow. When he advocates and supports the cause of Pluralism, would His Highness do the opposite by instructing Lawyers like Mr Gray of Norton Rose to be confrontational and go for a legal witch hunt, knowing that His Highness the Aga Khan can get that information and double the funds by simply asking for them from his 2 followers, namely Alnaz Jiwa and Nagib Tajdin?

After reading the following from the website of the Global Centre of Pluralism you will have no doubt the His Highness The Aga Khan would not do so ! Not taking into account the forgeries and the directions given by His Highness the Aga Khan on 15th October 2010.

The Board of Directors and the Government of Canada will know that His Highness The Aga Khan would not act or instruct his Leadership or Boards to act this way. They will know that if the Governing Boards of the Institutions His Highness has set up for the governance of the Imamat Institutions including AKDN and AKF do not act effectively and appropriately then when it is time His Higness will act accordingly and appropriately. His Highness will give every opportunity for the Leadership to right any wrongs.

Quote www. http://www.pluralism.ca/ some Quotes
Mission “..Through applied research and education, dialogue and exchange, the Centre will work with partners worldwide to generate, COLLATE AND SHARE KNOWLEDGE AND KNOW-HOW about the structures, mechanisms and COLLABORATION THROUGH COMPROMISE, relationships that can build and sustain pluralist societies.”

The Delegation of Ismaili Imamat offers a centre for building relationships, ENABLING QUIET DIPLOMACY, DISSEMINATING KNOWLEDGE AND INFORMATION, while reflecting the wide-ranging humanistic and humanitarian agenda of the AKDN.

Defining Pluralism – Global Centre of Pluralism
Reciprocity – A SENSE OF SHARED EXPERIENCE AND MUTUAL OBLIGATION – is the foundation for understanding between people, groups and nations. COMPROMISE REQUIRES IDENTIFICATION WITH THE GREATER GOOD. Active citizenship grounded in reciprocity is a vital ‘bottom up ‘support to pluralism. The politics of accommodation begins at home.
The building blocks include; INCLUSION – In a pluralist society unity is achieved by respecting differences, valuing diversity as a public good, AND SEEKING COLLABORATION THROUGH COMPROMISE. Process – EFFECTIVE INSTITUTIONS OF GOVERNANCE THAT ENABLE AND SUPPORT COMPROMISE as well as POWER SHARING are as important as the content of the choices made
COMPROMISE – ..The twin challenge of pluralism is to locate points of balance between competing views and then to live with the results. COMPROMISE IS REQUIRED AGAIN AND AGAIN.

Post new comment

  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <b> <i> <pre> <hr> <p> <!>
  • Lines and paragraphs break automatically.
  • Use <bib>...</bib> to insert automatically numbered references.
  • You may use [acidfree:xx] tags to display acidfree videos or images inline.

More information about formatting options

To prevent automated spam submissions leave this field empty.

Back to top