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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Furter Response,by An Intelligent , in order/s by NCAB UK .....!
Dear all - ya Ali Madad , here is Further Response , by an intelligent , as per received from e mails
"..If someone revokes his bayah to MHI and then wants to re-instate himself then he can go to the Mukhisaheb of his jamaatkhaana and ask for forgiveness and re-acceptance.."
The problem is that AJ , went to his mentor Sachedina who has NO religious authority and NOT to the Mukhi....Sachedina is being made to seem like a Pontiff of some sort though in Islam there are no Pontiffs...
The Vazir seems to be one who "unfettered" authority is a "creation" of these so called "juridical" bodies and cheer leaders, whose imaginations seem to run wild unfortunately...
Except the Imam and the Nur e Panjtan, NOBODY is or can be Exempt or above the "laws"...
Vazir is NOT the duly appointed Mukhi to complete the re acceptance process nor has AJ done Tawba in JK in front of the Mukhi nor has any Mukhi accepted to "forgive" him on behalf of the Imam ! As you read, I have also shown some quranic evidence...
Why are others NOT allowed into the Jks"?
Also many have left and reneged on their bayah and/or have converted...but are Not allowed inside JKs...so can they just enter the House of the prophet (saw) and his ITRAT based on their own whims or fancies or as and when they wish to come ? No !
009.102; 103 and 104
Allah says..
SHAKIR: And others have confessed their faults, they have mingled a good deed and an evil one; may be Allah will turn to them (mercifully); surely Allah is Forgiving, Merciful. .Take alms out of their property, you would cleanse them and purify them thereby, and pray for them; surely your prayer is a relief to them; and Allah is Hearing, Knowing. Do they not know that Allah accepts repentance from His servants and takes the alms, and that Allah is the Oft-returning (to mercy), the Merciful?
This unique Islamic concept is found in Ismailism because they have a Living Imam
In the case of Dharamsey there is no evidence that this has taken place...whether in the presence of the Imam or the Mukhi inside the JK ...bayah is done in presence of witnesses also....re acceptance, if any must also be on similar lines as the process must remain the same....here in the case of AJ, it seems like that the Vazir has acted ultra vires his own powers or authority and has committed a Ghulaw ..
He should have either taken this matter to the Imam and making "Ariza" to the Imam is an acceptable Shii practice and Imam does receive "Ariza" and he also deals with them...
Or the Vazir should have appropriately guided AJ in this regard and not act as if he had the authority to do what he did... if AJ had realized his mistake and felt "remorseful", this matter should have been dealt with appropriately by the Imam or the Mukhi and there is no evidence to show that this was ever done...
Surah 9:103/104 was revealed introducing this very concept of doing TAWBA and giving SADAQA simultaneously ...
Allah explains that aspect of the Islamic faith which determines the nature of the relationship between Allah and His servants and it has been metaphorically called a "transaction" (VOWS made )...and which is also "Bayah" or 'allegiance" or "promise made and given" (VOWS)...
This means that faith is not merely a metaphysical conception but is, in fact, a "contract" by which the servant agrees to give back the return of his "amanat" in return for HIS favours...and this becomes a fulfillment of VOWS made..
9: 66 "..Make ye no excuses: Ye have rejected Faith After ye had accepted it. If We pardon some of you, We Will punish others amongst you for that they are in sin .."
7:182 "..Those who reject Our Signs, We shall gradually visit with punishment, in ways They perceive not..."
2:181 "..If any one changes the bequest After hearing it, The guilt shall be on those Who make the change. For Allah hears and knows All things. .."
047.036-38 "..The life of the world is but a sport and a pastime. And if ye believe and ward off (evil). He will give you your wages..."
047.026 - 29 That is because they say unto those who hate what Allah hath revealed: We will obey you in some matters; and Allah knoweth their secret talk. ..Then how (will it be with them) when the angels gather them, smiting their faces and their backs! ..That will be because they followed that which angereth Allah, and hated that which pleaseth Him. Therefor He hath made their actions vain. ..Or do those in whose hearts is a disease deem that Allah will not bring to light their (secret) hates ?
On the other hand, the one who refuses to make this bargain, or after making it adopts the attitude of the one who has not made the bargain, is a kafir....For, technically, kufr is the term applied to the refusal to make this bargain. ...and so the same is true if there is no evidence of any "re-acceptance"...making assumptions would be dangerous and speculative..
That is why a man might profess the articles of the faith and observe the prescribed obligatory duties, but if he considered himself alone to be the "master and owner" ....he shall be regarded a disbeliever in the sight of Allah, even though he should be regarded a believer in the sight of the world.
“Blessed are they which are persecuted for righteousness’ sake: for theirs is the kingdom of heaven.” (MAT. 5: 10).
“He that findeth his life shall lose it: and he that loseth his life for my sake shall find it.” (MAT. 10: 39).
“And every one that hath forsaken houses, or brethren, or sisters, or father, or mother, or wife, or children, or lands, for my name’s sake, shall receive an hundredfold and shall inherit everlasting life.” (MAT. 19: 29).
Kaffirs are trying to now ostracize the Murids of the Imams using a pretext and the gift of the gab and some english english...sounds like one is watching a fictional movie....
That is those who “strictly observe the limits prescribed by Allah” in regard to the articles of the faith, worship-morality, social behavior, culture, economics, politics, judiciary, peace and war, and in all the aspects of their individual and collective lives.
They neither transgress these limits in order to follow their lusts nor invent laws, nor replace the divine law by other laws.
They establish these limits and prevent their violations.
Hence, the true believers are those who not only strictly observe the limits prescribed by Allah, but also do their very best to establish them and safeguard them so as to prevent their violation to the best of their powers and capabilities...
And the elevated houses referred to in Sura Nur belongs to the Prophet and his ITRAT and so everyone simply cannot enter their houses as these are known as "Bayt Allah al-haram"
If applied to the group of the Ahl ul Bayt and the Prophets, the niche in the house is the Nur (Nooran Mubeen) of the Holy Prophet (saw)...both the Prophet and the Imam is from the same Nur....there exists no duality !
The divine light passed through the purest transparent chain of Prophets, without any detour, and manifested itself in its full glory in the Holy Prophet, to illuminate the human society for ever. ..and then passed on to Al e Imran ( Ali Imran)after becoming Muslims if they had accepted the Imams of the Ahl ul Bayt as their guides, and followed them, then, according to the degree of their sincerity and awareness, they were entitled to occupy suitable position in the journey towards the enlightenment available from the light of Allah...not otherwise....and the Imam has said clearly that traditions or culture can evolve or change - NO compromise to the Essence itself...
Now many of you are confused with this expression "pluralism"....pluralism does not mean any compromise to the values or essence...it does not mean that you bend backwards until your spine touches your heels....it does not mean that you "cross the bridge" and be like them....it simply means that you "respect their beliefs"...but then the Imam places a condition here..."they too must respect your beliefs"...and in this way the ayah "there is no compulsion" and "each to his own faith" remains fulfilled....
Mere verbal profession of faith in Allah without attachment to the Ahl ul Bayt is as bad as hypocrisy. ..the clever folks will say we respect and love the Ahl al Bayt...and so don't be conned by their sweet fairy tales....And so one needs to be certain here...
The Thieves of Truth have molested, raped and mutilated the Deen..and so how can they even think of coming to the abode of Peace ?
According to verse 13 of Luqman polytheism is the greatest injustice (zulm), therefore as explained in detail in the explanation of al Baqarah: 124 the Ahl ul Bayt of the Holy Prophet was the only group which never worshipped any ghayrallah. ...
When Allah appointed Abraham as an Imam after testing his faith and awareness, for the whole mankind, he requested Allah to continue this august office in his progeny.
Allah agreed to do so, but "it is a covenant which shall not reach the unjust (zalim)" was added. ..
Only the Thieves of Truth are able to twist the words of Allah (SWT) though they have no answers to the clear questions and facts ..
In the "kali Yug" People will compete with each other in building extremely tall towers that will surpass the height of some clouds. ..It will become common for men to turn in lust towards men and women to turn in lust towards women as such people will greatly increase in number. People will fear to speak out against this as moral values will become so perverted that most of what is considered right will be considered wrong and similarly that which is considered wrong will be considered right.
Men will marry men and celebrate it like a marriage and similarly women will also publicly celebrate their marriage to the same sex. It will be such an accursed time when some men will be able to change their gender and become women, horrifying their family.
Similarly women will be able to change their gender. Promiscuity will increase greatly and women will wear clothes that reveal their nakedness rather than hide it... ...it is inevitable that the Qa'im will rise and fight the "Dajjal"...
The Mahdi (Qa'im) is the protector of the knowledge, the heir to the knowledge of all the Prophets, and is aware of all things.
The dominion (authority) of the Mahdi (Qa'im) is one of the proofs that God has created all things; these are so numerous that when the Qa'im "rises" and reads the actual schroll of Ali , the proofs will overcome those who have been living in dhulmat ..the evidence (will be influential, will be dominant.. everyone and nobody will have any counter-proposition against him...and that is why today majority of the fools , are on one side...for decades the mainstream leaders have been accustomed to being able to tell the people "what to think"? Unfortunately now things are changing and people are beginning to think for themselves...do a survey...lets see the results..it seems like many people have "little or not trust" in their own leadership..many cower in the shadows and do not squeak..the reasons are obvious...they are being given distorted truths and so people are forced to seek alternatives...just a handful of them control almost everything...Islam forbids any such inequity..this "monopoly" has exploded..people are subjugated and 'silenced" if they question or ask..people want to know and hear about things which these leaders do not want them to know or hear...and this then seems to be the issue...they do not wish to hear or read "filtered" information or Guidance done by fallible leaders most of whom have no clear understanding of Islam or The Quran or even Ismailism..
Initially people tend to flee from him [i.e. the Mahdi] as sheep flee from their shepherd....
However when people will begin to look for a purifier and begin to have recognition.... and they can find none to help them but him, they will begin to run to him and say "the Mahdi is here"...but he was always there...
He whose rights have been taken away and who is denied will walk among them, move through their markets and walk where they walk. but they will not recognize the Mahdi until Allah gives them leave to recognize him, just as He did with the Prophet Yusuf (as).
The QA'IM is the Master of the Command (Amr) (Olil Amr) ..and he will judge among the people of the Torah according to the Torah; among the people of the Gospel according to the Gospel.. among the people of the Psalms in accordance with the Psalms...and among the people of the Qur'an in accordance with the Qur'an..
104.002 -009
Who pileth up wealth and layeth it by...Thinking that his wealth would make him last for ever! By no means! He will be sure to be thrown into That which Breaks to Pieces, And what will explain to thee That which Breaks to Pieces? ..(It is) the Fire of (the Wrath of) Allah kindled (to a blaze), ..The which doth mount (Right) to the Hearts: It shall be made into a vault over them, In columns outstretched.
[9:111] Surely Allah has purchased of the believers their lives and their belongings and in return has promised that they shall have Paradise.....They struggle in the Way of Allah... Such is the promise He has made incumbent upon Himself in the Torah, and the Gospel, and the Qur'an..... Who is more faithful to his promise than Allah? ...Rejoice, then, in the "bargain" you have made with Him. That indeed is the mighty triumph. ...