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
Response of An Intelligent , in ..Coplainant Proceeds Further.!
Dear All - Ya Ali Madad , .....here is the response ...( as per received from e mails )
I note that the rules are dated May 2010...and also have been approved by NCAB UK (Manji must be their Trainer OR Nanji must have trained Manji)...
So the questions I do ask..(a) how do they differ from the rules and regulations of the 1998 revised version?
(b) does the NCAB individually have the authority to enact such rules/regulations and/or approve them?
(c) does the constitution allow them this privilege or authority?
(d) are these rules onsistent across the board or may differ according to countries? and
(e) Has the Imam approved it? and if so is there any evidence thereof? if he does not have to approve it, then why not as the constitution or any part thereof cannot be changed, amended without his approval ?
You should make this public so that the Ismailis atleast know how they are being "manipulated"?
Your NCAB "Chair" (kisa Kursi ka) is repeating, like an obedient servant, whatever Nanji has said earlier in regards to Sacedina's "unfettered immunization"..
And 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 immunity or DJI or the Vazir has a similar "unfettered" authority over the hearts and the minds of the Ismailis ?
Is the entire constitution complete with the original Rules and regulatations bearing the signatures and/or authorization of the Imam and includes any revisions and/or amendments which may have been made by the Imam or his own authorizations (NOT of the locals who may do this to suit their own agenda)...and is this being made available to the Ismailis in its "pristine" form, across the world ?
If not how do you know or can ascertain that what they are referring to or showing you, is authentic, to begin with and so it is an act of bad faith ?
If any decisions are made relying upon and using an "amended document" approved internally by them and having no real authority to do so, then the ruling itself becomes incurably defective and flawed and isn't it the same thing Manji did when he came riding his Allah forsaken Mercedes and with the Rules/regulations under his smelly armpit and misled the courts in Canada, in this regard ?
Now compare both the sets...what Manji brought and what Kassam is attempting to use as a basis of his decision and see if it is one and the same or not?
In the alternative but not otherwise and without prejudice to the above...I would be hesitant to agree that AJ is to even be considered an Ismaili, unless they or any of them, can prove otherwise and I have already made elaborate submissions on this subject...
They have seen his email where he says he "hasn't revoked" and accepted it like "true ismailis" that they are...but then what about his email that which he sent to the Vazir revoking his bayah and then subsequently seeking a "withdrawal" thereof ?
Did the Vazir place it before the Imam if bayah is between a Murid and a Murshid,and/or alternatively did they place this matter before Imam's Mukhi who is the authorized representative of the Imam and NOT the Vazir , in this regard ..
OR does the Imam or the Mukhi, not have a say in it as long as the 'omnipotent" Pontiff of Ismailis, the Honourable Vazir is involved and splashing the water ?
This kind of thinking must STOP ! usurpation, interference, and malevolence is a clear evidence of SHIRK and Polytheism...and/or Bidats and Ghulaw !
How come it is the Vazir who decides on an issue that is outside his scope of ability or power ?
Perhaps even the Imam's children would not have involved themselves but referred the matter to the Imam, to give you an analogy here...so who is this man whom you have "created" as a some kind of an "Imam"?
This is heresy ! Shirk - it is "partnering"....breach of Islamic tenets and The Quran - perhaps a blasphemy !...
OR let the Imam say this openly and publicly that this Vazir is right and I am wrong ! stop fooling the people and misusing your position and power...the tide is turning against you slowly but surely....
Some of you who are practicing lawyers are bound by your own "code of conduct" and the ethics of your Profession...if your Professional associations and peers get to hear and review all this , surely they will be appalled or distressed, to hear all this - or am I wrong?...so please don't scratch your clean shaven groins...and uphold Justice ! ADL & QIST is a Pillar of faith of a Sh'ia of Ali...and so whom are you guys following?