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
Whilst Diciplinary action is
Whilst Diciplinary action is handled by ICAB or NCAB. Diciplinary action is not conciliation or arbitration. ICAB/NCAB have an obligation to get all the evidence and proceed objectively and fairly. However as a first step the NCAB and ICAB will I hope try to conciliate and if necessary and involve informally our elders and other leaders or Ismailies who are trusted and objective. Hazar Imam has said clearly that we must;
1 Always, seek mediation and conciliation.
2 Always, avoid courts of law, & legal cost, with uncertainty & in cases there can be injustice because the judicial system is sometimes corrupt.
3 Always, find ways and solutions to meet and resolve differences, and
4 Never, get into a situation where we cannot resolve differences by mediation and conciliation
5 Never, let differences and conflict become a part of our psyche. We must always mediate at the earliest.
Remembering Shafik Sachedina, M Manji, A Lakhani and A Bhaloo have not followed any of these 5 Farmans, so far in this case. It is never too late. I hope ICAB and they will do the right thing and going forward will do what Imam has directed.
The following is the "Arbitration" rule registered in Canada by NCAB. The "Disciplinary" rules of, ICAB may be different but I expect better in terms of the Panel selction and numbers?
COMPOSITION OF THE ARBITRATION PANEL
4.1 The Chairman of the Arbitration Board shall (unless otherwise agreed by the parties)
meet with the parties to the arbitration to select the Arbitration Panel, which shall be
composed of:
(a) anyone individual, whether or not a member of the Arbitration Board, upon
whom the parties and the Chairman of the Arbitration Board unanimously agree
and who himself agrees, should be the sole member of the Arbitration Panel; or
Dispute Resolution in Family Law: Protecting Choice, Promoting Inclusion
December 2004
165
(b) any three individuals, of whom one at least shall be a member of the
Arbitration Board, on all of whom the parties unanimously agree, and who
themselves agree to act as the Arbitration Panel; or
(c) failing agreement under Rule 4.1 (a) or 4.1 (b) either one or three members of
the Arbitration Board as the Chairman of the Arbitration Board shall designate.
4.2 Every Arbitration Panel shall have a chairman who shall be:-
(a) the sole arbitrator in the case of an Arbitration Panel of only one individual;
(b) the member of the Arbitration Board in the case of an Arbitration Panel which
includes only one member of the Arbitration Board; or
(c) such member of the Arbitration Board as the Chairman of the Arbitration
Board shall designate in the case of an Arbitration Panel which includes more
than one member of the Arbitration Board.
4.3 Any person approached to act as a member of the Arbitration Panel should forthwith
disclose to the Chairman of the Arbitration Board any conflict of interest which he may
have or any factors which are likely to be seen as impeaching his impartiality or
independence whether or not they actually do so, and the Chairman of the Arbitration
Board may accordingly exclude him from acting as an arbitrator.
4.4 Any person appointed as a member of the Arbitration Panel shall be under an
obligation forthwith to disclose to the Chairman of the Arbitration Board any conflict of
interest of which he becomes aware during the course of an arbitration or of any factors
which are likely to be seen as impeaching his impartiality or independence whether or not
they actually do so, and the Chairman of the Arbitration Board may accordingly
disqualify him from continuing to act as an arbitrator.
4.5 In the event of the death, resignation, disqualification or other incapacity, of a
member of the Arbitration Panel occurring or becoming apparent before the termination
of the arbitration, the Chairman of the Arbitration Board shall review the status of the
arbitration and, after consulting with the remaining members (if any) of the Arbitration
Panel and the parties to the arbitration, may take one or more of the following courses of
action:-
(a) appoint a substitute arbitrator to take up the vacancy in the Arbitration Panel;
(b) direct that the arbitration should commence anew;
(c) direct that the newly appointed member of the Arbitration Panel be fully
briefed
by the other members of the Arbitration Panel on the status of the arbitration and
that thereafter the arbitration continue without the need for any re-submission of
pleadings or evidence.