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
- 1333239 reads
Comments
Response of An Intelligent in Order by NCAB UK .....!
Dear All - Ya Ali Madad , ....i put here response , as per received from e mails ,
Tue, 25 Dec 2012 at 11:4411:44 AM
Message starred
from -
NCAB UK Response to your Complaint dated 4th August 2012 - against A Dharamsey Shafik Sachedina M Keshavjee, Azim Lakhani, and others
"..With respect to the complaints against Mr Dharamsey, NCAB responds as follows:The Constitution states that the bayah by the murid to the Imam is an acceptance by the murid of the permanent spiritual bond between the Imam and the murid...."
*********************************************
Resonse ( as per received from e mails )
Whilst Imam does have an unfettered authority to organize and supervise his staff, where in the constitution does it state that his "employees' are exempt or enjoy special immunity?
Kindly show me from the Constitution itself that what NCAB is saying has any grounding in the constitution ?
Once the bayah is revoked or breached, the person is no longer considered an Ismaili and cannot come to JK and those who allow this are equally guilty ...
And so the disciplinary action referred to, is NOT for revocation per se as one cannot discipline anyone if he or she chooses to revoke the bayah....but for continuing to practice the faith when not entitled to it and causing a mockery thereby, is what is unacceptable - NCAB seems to easily recollect AJ saying he hasn't revoked...but he did do so and then he subsequently withdrew it - why would he withdraw it if he had not revoked it? I will try and locate the email where he has confirmed to me that he had withdrawn it...but did the Imam accept this said withdrawal? yes or No ! Even NCAB concedes that this is between the Imam and the murid...so who has made the decision here? It isn't the Imam !
The point is simple...if the bayah is between the Imam and the Murid, then it is also the Imam's right to make the decision to accept it or not? Period !
Did the Vazir suppress it generally and from the Imam ?
OR did he place this matter before the Imam? OR is this matter being swept under the carpet? if so why?
Please show us the proof that the Imam has made a decision in this regard, as after all this is only his prerogative - NOT of the Vazir...
And conversely those who have allowed this to be swept under the carpet, are also equally culpable....and perhaps conspiratorial
The mere fact that AJ says he hasn't revoked is not sufficient evidence and subjective in view of his revocation email to the Imam thro' the Secretariat and his subsequent withdrawal....
And so was the email placed before the Imam or the Imam's views sought in this regard , if the bayah is between a Murid and a Murshid....OR did the Vazir choose to act the part of the "Imam" here?
Bayah is not given to the Vazir or anyone else and even NCAB concedes...
AJ has renounced his faith and unless the Imam accepts his subsequent withdrawal and this is officially communicated via public announcements, the NCAB's assumption is flawed and defective...
And whilst no disciplinary action is sought for such revocation, an order be made that he cannot come to JK unless the Imam says so and there are clear announcements in JK world wide, signed as a Decree by the Imam....
Nobody should or can usurp the rights of the Imam or interfere with the "bayah" which is strictly between the Murid and the Murshid...
And so what has the Vazir got to do with all this or has he started to act the part of an "Imam"?
Your NCAB'S knowledge about Bayah seems to be unreliable as well as superficial...
What is the Imam's reciprocation then in this ceremony which you call "Bayah"?
What does your constitution say about it in totality ?
As far as I believe, this ceremony known as Bayah is RECIPROCAL !!!
It is NOT one sided as NCAB seems to be saying...they sound more like unqualified 'spiritual cooks" who are simply spelling out what they have been asked to say, like Nanji...
Have you guys ever heard of "Kangvo"(go and ask your parents) and so what NCAB is talking about is just KANGVO by itself.. Yes! which is the promise of the murid of his surrender and submission to the Imam....
But in any contract there has to exist the "essential ingredients" to make the contract valid...including and as well as "consideration"; "meeting of the minds" etc...
And so now what about "Kankan" which is the promise the Imam gives to Guide this murid and spiritually protect him - how come NCAB makes no mention of it?...
And how does the Imam fulfill his part of the bayah ceremony and Guide or spiritually protect ?
By way of Firmans and Hidayats and Talikas etc....if 40% atleast is kept hidden from you folks , then have they not triggered a breach to this very same bayah or agreement, on behalf of the Imam who trusted them to Return their Amanat?...
The Imam also agrees to Guide and spiritually protect the murid and so what is your take on this? Explain this disparity in the NCAB ruling !
In the olden days. the Imam or Pir used to actually tie "kankandoro" (a Red colored silk thread) around the wrist, as a sign of his acceptance and committment ..just because today the acceptance is "symbolic", does it mean that the Imam's promise of Guidance and protection is not applicable or no longer valid ? is that what you are trying to say?
Bayat in Arabic means to "buy and sell"... It is said in verse (9:111):
"Lo! Allah has bought from the believers their lives and their wealth because paradise will be theirs (as the price of this transaction)."
The practical Ta'wil of this transaction, which has taken place between God and the mu'min, is in the world of Intellect. ..do you know who is the Universal Intellect? OR who is the 'sensible entity" corresponding to the "Intelligent entity"?
The purpose of repeating it (bayat) in the external world, is that the mu'mins should not forget that God has bought their lives and their wealth.
Thus, as there is a rite of bayat in the external world, so is the rite of bayat in the place of Intellect." [Source: Precious Treasures, p. 39]
"The holy Prophet said: "On the night of mi'raj, God revealed to me three titles of Ali, that he is the chief (sayyid) of the mumins, the Imam of the righteous and the leader (qa'id) of those whose face, hands and feet are white (luminous)."
That is, he is leading them to paradise. (al-Mustadrak, III, 148; Arjah, pp 27-28)." [Source: A Thousand Wisdoms, #620, p. 329]
And so how do you expect the Imam to communicate and lead his Murids with whom and as you say he has a spiritual bond, to paradise, if Firmans are blocked and there is no sense of proper discipline or accountability
Mumins, in their luminous attire, will have to be led by the Holy Imam of their time ...
And so those who interfere with this entire process which is reciprocal , notwithstanding whether they are leaders or 'employees" or bartenders...what does your constitution say about it? why would they not be subject to disciplinary action or accountability?
Imam says that in Batiniyat he knows it all...but in Zahiriat you need to inform him or ask him? and so have they done so? Do you think the Vazir will go and do this for them ? why would he ?
"The Ta'wil of the Hand of Allah is the Divine power, authority, control, diposal, i.e., to give and take, to use things for oneself and for others, to gather, provide and keep things ready, etc.
The most comprehensive Ta'wil of the Hand of Allah is the exalted Prophet and the pure Imam.
Therefore, all the Ta'wils of Hand of Allah are related to these holy personalities, since to do bayat (oath of allegiance) on their blessed hand, is to do bayat on the Hand of Allah (48:10).
The meaning of mulk (sovreignty), malakut (spirituality) and khayr (good) being in Allah's hand, is that these are in the custody of the Prophet of Islam and the true Imam, for these two Supreme Angels in human form are the Hands of Allah as well as His treasures. ...and so if they are in the custody of the Imam, then how do you expect him to convey? or maybe he should start sending "wahy" to all individually?
The Guarded Tablet, the Manifest Imam and the Book are all the same reality.
Muslims have only one obligation ....to follow what Allah has sent down ! NOT the sinful Vazir..
Let us reflect upon the verse of the oath of allegiance (bayah) and try to grasp the universal wisdom from it, which is verse (48:10):
"(O Prophet) Those who give bayah to you, they give bayah to God, God's hand is above their hands." Here it is clear that the hand of representative of God is in fact the hand of God.
It is not an analogy and conjecture, it is God Himself Who says this." [Source: A Thousand Wisdoms, #975, p. 508]
The principle of bayat is tied to the complete obedience to the Prophet and the Imam of the time.
If the Imam is not obeyed then there is a concern about the validity of the bayat. ...and so then is the Vazir's own bayah in doubt, for reasons already known to you?
It is impossible to be an obedient murid of the Holy Imam and not uphold the bayah... and actually many of you seem to be in breach