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
Complaint-Shafik Sachedina (et al).....
It is true. I filed the new complaint. I am sharing because Imam wishes us to share, and, this affects "every Ismaili" around the world today. Please feel free to give your views, and ask, for example;
1 Farmans are not being given to the Jamat to take home and read. - What are the reasons, and can we have copies of Farmans sayng Hazar Imam does not wish to give Farmans made for the Jamat, to the Jamat to take home to share and read with their families.
2 Contitutional regulations, and our latest constitution is not being given to all murids - What are the reasons, and can we have copies of related farmans saying the full set of the constitution is not to be given to the Jamats..
3 All the current reports, including related opportunities & news regarding our contitutional entities are not being provided to the Jamats - What are the reasons and can we have copies of the related farmans that Imam does not wish to share with the Jamats..
4 There are instrutions from Mohammed Keshavjee to ITREBs and Waezeens not to explain to the Jamats, our current Farmans, religious rites, traditions, and practices. And related books (Teachings and knowledge) by especially Ismailis are being excluded and discouraged. What are the reasons and can we have copies of the related Farmans from Hazar Imam. Murids are all equal, and must be treated with respect and fairly. No one must be mariginalised.
I have asked for the above and sadly not received. Please feel free to share your concerns with the Leaders and with me.
Leaders are a part of the Jamat, and appointed to serve the needs and the concerns of all members of the Jamat.
Kind regards and Ya Ali Madad.
M Chatur
COMPLAINT - COPY FILED
4 August 2012
H. H. The Agakhan Shia Imami Ismaili International Conciliation and Arbitration Board
Attention: Mr Noordin Nanji (Chairman)
H. H. The Agakhan Shia Imami Ismaili Conciliation and Arbitration Board for UK
Attention Mr Nazmeen Kassam (Chairman)
Dear Chairman Sahebs; By email
Notice of Action, & Complaint.
I refer to the following cases which are currently being progressed by ICAB, and or NCAB/RCAB Canada, and or presumably NCAB UK, because Mr Abdulla J Dharamsey (AD), and Vazir Dr Shafik Sachedina (SS), are domiciled in UK.
1 AD against Mr Nagib Tajdin (NT), & Mr Alnaz Jiwa (AJ),
2 NT against SS (& Others)
I am submitting the following complaint. I refer to earlier communication which will form a part of my complaint. Further particulars, will be filed, pursuant to the rules of NCAB and ICAB, which I am requesting you to provide. I am also requesting a full set of our constitution, and any amendments.
I would like to draw your attention, to the following, which may also have serious repercussions for our community, and our institutions going forward. On about 24th November 2009, AD revoked his Bayah, and notified SS (as head of DJI), and others. Since 24th November 2009, SS is aware of the above complaint filed in about May 2010, by AD. And that AD has continued to attend Jamat Khanna, and has been, and is, Chairman of GIM - Global Ismaili Muslim Forum, which AD claims has, over 40, 000 Ismailies.
I am submitting my complaint under sections 13 and 14 of our constitution, against SS, AD ( & others to be notified and or resulting from this complaint), and who have, individually and or jointly; and or with others, inter alia
a. Subjected to contempt and or ridicule, the AL-al-Bayt, and or Mawlana Hazar Imam, and or the Constitution, and or any Rules and Regulations, and or Farman, and or Ismaili religious literature and or our rites or practices; and or,
b. Conducted themselves in a manner likely to offend the religious sentiments of the jamat, and or to cause disaffection in the jamat, and or to create disturbance and or nuisance in any jamatkhana or any assembly of the jamat, and or acts in any other manner prejudicial to the dignity or prestige of the jamat; and or,
c. Committed a breach of our Constitution and or any Rules and Regulations and or aided and or abetted others to contravene provisions of the Constitution and or any Rules and Regulations. and or,
I request you to obtain all the facts institutionally and from AD and others involved, in connection with AD revoking his faith on about 24 November 2009. I attach below two versions of an email dated 24th November 2009, from AD to SS as head of DJI (Department of Jamati Institutions)
By a copy of this complaint to AD, I am inviting AD to provide all the facts, and to withdraw his complaint against NT & AJ within 7 days. As you may know, I have earlier requested AD to do so.
By a copy of this complaint to SS, I am inviting SS to provide the facts, including the original email he received from AD on 24th November 2009, and further to contact me, within 7 days, to agree to a meeting, with me, NT, AJ, & others to be discussed (including ICAB). This is with a view to agreeing a stay, and resolving all the issues by discussion amongst ourselves, within the spirit of brotherhood. I have earlier made a request to SS.
I apply for my complaint to be addressed jointly, and or at the same time, as the 2 complaints above.
I look forward to hearing from you and I hope and suggest every effort possible will be made by everyone, to resolve this informally, and by agreement amongst ourselves.
With kind regards, and Ya Ali Madad.
Yours sincerely
Mahebub Chatur
Copy to: President Amin Mawji (UK), President Malik Talib (Canada). Nagib Tajdin. Sheni Dossa Chair. NCAB Canada, Vazir Dr Shafik Sachedina, Mr Abdulla J Dharamsey,
Email Version 1
----- Forwarded Message ----
From: Abdulla Dharamsey
To: Aitmadi Shafik Sachedina
Sent: Tue, 24 November, 2009 13:26:08
Subject: ISMAILI MATTER
My dear Aitmadi Shafik
IN CONFIDENCE
Ya 'ali madad and Eid Mubarak
It is with utmost regret and heavy heart that I address Mawla as my Murshid and move, to revoke my Ba'yat - the Oath of Allegiance to The Imam of The Time and his progeny, upon written confirmation or otherwise from the UK Ismaili National Council that, this petition has been forwarded to the Secretariat at Aiglemont.
Over the past 15 years, I have managed to find time to reflect upon and assess my duties and responsibilities as a Murid, and the expectations of me as a Shi'a Imami Ismaili Muslim.
With deep respect, my personal experiences have also brought it home to me that, the Khoja Ismailis in particular, are an unintelligent and disunited community, where Mediocrity excels and is rewarded, as long as the appointee does not challenge the hierarchy, that has been vested with 'Trust and Confidence' by the Manifest Imam.
Khudavand, this humble and devout Murid begs forgiveness for any of his shortcomings thus far and feels, it is time to sever his relationship with The Murshid, as it has caused him too much pain, in his vain attempt, to endure, sustain and enhance the ethics of our faith that he sincerely feels is and was his solemn duty and an unwritten obligation.
Allaho Akbar, Subhan'Allah, Alhamdulillah
Email Version 2
From: Abdulla Dharamsey [mailto:ajdharamsey@yahoo.co.uk]
Sent: 31 July 2012 22:50
To: Zinat Khan
Cc: Vazir Shafik Sachedina
Subject: ISMAILI MATTER
Ya 'Ali madad and Ramadan Kareem
The whole email message sent to 'Aitmadi' Shafik Sachedina and he will vouch for this. I wonder if some people will start accusing him of conspiracy this time!
So, who is 'editing' the emails they may have received and make misrepresentations?
Abdulla
----- Forwarded Message -----
From: Abdulla Dharamsey
To: Aitmadi Shafik Sachedina
Sent: Tuesday, 24 November 2009, 13:26
Subject: ISMAILI MATTER
My dear Aitmadi Shafik
IN CONFIDENCE
Ya 'ali madad and Eid Mubarak
Set out below in italics is the 'beginning and end' of my draft humble presentation that I am considering to submit through the appropriate protocol to Mawla after Salgirah.
Abdulla
PS: I shall be away on business from Wednesday 25 November to Wednesday 2 December inclusive.
It is with utmost regret and heavy heart that I address Mawla as my Murshid and move, to revoke my Ba'yat - the Oath of Allegiance to The Imam of The Time and his progeny, upon written confirmation or otherwise from the UK Ismaili National Council that, this petition has been forwarded to the Secretariat at Aiglemont.
Over the past 15 years, I have managed to find time to reflect upon and assess my duties and responsibilities as a Murid, and the expectations of me as a Shi'a Imami Ismaili Muslim.
With deep respect, my personal experiences have also brought it home to me that, the Khoja Ismailis in particular, are an unintelligent and disunited community, where Mediocrity excels and is rewarded, as long as the appointee does not challenge the hierarchy, that has been vested with 'Trust and Confidence' by the Manifest Imam.
Khudavand, this humble and devout Murid begs forgiveness for any of his shortcomings thus far and feels, it is time to sever his relationship with The Murshid, as it has caused him too much pain, in his vain attempt, to endure, sustain and enhance the ethics of our faith that he sincerely feels is and was his solemn duty and an unwritten obligation.
Allaho Akbar, Subhan'Allah, Alhamdulillah