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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Cases in india......what next .....?!
Dear All - Ya Ali Madad ,
...it were matters before hon. court , on 1/3/2013 , in morning ,........... in DJT case , it was for arguments on point of jurisdiction of this court , issue raised by defendants , ...... it was adjourned , for 20 march 2013 , ....in NCAB + ITREB + NATIONAL COUNCIL case , it was for draft issues , to be suggested in writing by me , ( points suggested by me , to be decided in this case ) ,
i suggested following issues :
(1) whether the defendants ( ncab - itreb - national council ) along with their board members can act and funcion as honorable court in our community ? if so under which provison of law?
(2) can defendant no. 1 ( ncab) , in the name of " concilliation and arbitration board " , grant divorce - grant permission to divorce , to any of the spouses ? against the willingness of counter spouse , and can defendant no. 2 , (itreb ) support their activities by making announcements in jamatkhanas ( prayer hall ) ? , and can defendant no. 3 under it's supervision allow them to do so ?
(3) should the defendant no. 1 (ncab) grant divorce - or - should advise to go to hon. court - if dispute could not be solved between husban and wife ? ,
(4) can defendant no. 1 (ncab) , warn any of the spouses for not going to hon. court ? ,
(5) should there not be difference , in proceedings of "concilliation and arbitration " and " hon. courts "? ,
(6) is there any difference here , between defendants CABS proceedings and hon. courts ? , are defendants not running parallel courts ? , in our ismaili muslim community ? ,
(7) the judgement passed by defendants , CABS courts , should be cancelled /revised or not ? , as far thy are illegal and against provisions of law ? and without any legal authority to do so ? ,
(8)should the defendants illegal working in form of hon. courts be cancelled or not ? ,
(9) while defendants no. 1,2 and 3 , and all their board - council members working as hon. court , in the disputes between comunity people , can they stop directly or indirectly , community's any comlainant members , from making any complaint in the criminal offences , against any community members or others , who are accused - offenders of serious offences under IPC ( Indian Penal Code ) etc , and , can they stop them from going to any out side legal authority , like police station , hon. court ? , and , by doing so , the defendants boards members then can save and protect this way offenders from legal consequences , which they are to face ? , and , can they clear out the way to escape from legal criminal liabilities , and , to help offenders to regularize the criminal offence into genuine act ? , and , by doing so , are they , defendants -boards council - members , who help criminals this way , should not be considered , same as those criminal offenders ? ,
so , these are the issues - points , submitted by me , before hon. court for consideration ,
under the effect of such facts - circumstances , in this and/ or other case/s , in past or present , in CABS , .....it is possible , that , in the matters , before CABS , not advising - allowing or stopping , any of parties , for going to police station , hon. court , .....in cases of matters , inclusive of criminal offences , and , conduct the case/s , ......then ....the Chairman / Chair person / President + all members ( of concerned past or present ) , of any concerned CABS , ( may be RCAB + NCAB + ICAB , whoever conducted case/s , appeals ) + ITREB + National Council , ......ultimately become responsible of doing same offence /s , .............which were helped , by any of CABS , directly or indirectly , tried to be saved - protected , any way , the concerned accused - offenders , ......as per provisions of laws in india , ......for which a separate criminal complaint could be filed , in police station , or , hon. court , .....which could / may happen in india , .it is 3/35 am .....ya ali madad ......!