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Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29

Date: 
Thursday, 2010, April 29
Location: 
Source: 
Heritage News
20100429-court-filings.jpg

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

Latest News Comments

AttachmentSize
Tajdin Defence Apr 29.10.pdf491.02 KB
Jiwa AK Defence Apr 29.10.pdf543.82 KB

Comments

Truth is ...

Letter from Alnaz Jiwa, and Letter to our Top Leaders as received

Mahebub, just a note. SS did not say he does not follow MSMS'S farmans. He said we, Ismailis don't have to follow them as they are no longer valid. He also said, and all of these are transcribed by the official reporter, that we, Ismailis, don't have follow MHI's farmans made by him during deedars.
Just a reminder, brother.
Alnaz

On 7 July 2013 14:48, Mahebub wrote:

Thank you. I agree Shafik Sachedina has been using Hazar Imam’s name and is not telling the truth, or what Imam is telling him to tell the Jamat ( GJ London Farman. Hazar Imam was telling us the truth)

Dear Shafik, Azim, Mohammed, Nanji, Nazmin, Mawji, Bhaloo, Manji. Malik (& those who know the truth)

Do you also agree with the following? If not please correct or clarify.

1. Why do you not ask others to stop sharing Farmans or file a lawsuit against them? For example;

a. I & others have been quoting Farmans of Imams, & Hazar Imam since April 2010.
i. In my communication with you, and my updated 75 Farmans-reasons.(attached)

b. Alwaez Kamaluddin, Mohib Ebrahim and others on their websites Hazar Imam has not sent a Farman or a Talika to them or to me to stop sharing or giving Farmans.
i. Shafik said to me Alwaez and Alwaeza Kamaluddin has permission from the top leaders in Pakistan, and that Mohib Ebrahim has permission from Hazar Imam to publish his speeches. (this was given in April 2011)
ii. Therefore Imam clearly wishes us all to share and give farmans to each other.

Why then are you continuing a lawsuit against Nagib & Alnaz (now for names and costs).

2. When I met Shafik, he wanted me to withdraw the $30000 regarding costs I sent. Shafik and Amin said to me that Imam does not want costs. If Imam does not, then why are you and Gray disobeying Hazar Imam and still claiming costs in the court case.

3. Shafik says Hazar Imam was dictating an LIF announcement to him while he was on route to the Airport to catch a nonexistent flight to London.
a. That day all the airports including London where closed.

b. Shafik issued that message from Imam as an announcement. Not as a Farman or a Talika.

c. The LIF announcement is misleading contradictory, incorrect and or incomplete.

d. Azim Chairman of LIF was not even consulted and said to me he did not know.

4. Shafik said Imam thinks in French, and so Imam does not mean what Imam said in English. Shafik therefore changes Farmans because he claims his English is better than Hazar Imam, and he can second guess what Hazar Imam means to say. (This is also not true)

a. Imam said in London GJ, Shafik/Leaders are not telling the Jamat what Imam is telling them to tell the Jamat. (Shafik with M Keshavjee, A Lakhani, & Zauhar Meghji, deleted that sentence)

b. Imam said on 15th Oct 2010, that Imam does not edit Farmans after they have been given. Imam said Imam annotated Farmans. Imam offered them to Alnaz and Nagib.

5. Shafik said to the court that Farmans are available to all the Jamat, even in remote locations. That is not correct.

6. Evidence of forgeries by Shafik has been submitted by Nagib against Shafik Sachedina. These have been sent to ICAB, and to you all.

a. Shafik has not responded or produced any evidence to the contrary.

b. Hazar Imam did not say on 15th October that Hazar Imam was the plaintiff, or that there have been no forgeries. (see 6 facts attached)

c. Can you ask for and produce-consider verifiable evidence that those documents are not in fact forged. If not resign and or start a new independent enquiry.

7. Shafik said Imam told him on 30 March 2010 to consult Leaders regarding the Book of Farmans by Nagib. Sachedina disobeyed, and did not do so.

8. Shafik says Hazar Imam decided to file a lawsuit on 30th March 2010. That was Easter weekend. Shafik said to me Hazar Imam used Carnegie, the French lawyer, after 30th April 2010. Shafik said Hazar Imam did not ask him and Aziz to file an Affidavit. Therefore Shafik is not telling the truth. Read the time line below of events leading up to the lawsuit.

9. A Dharamsey says Shafik/DJI is working together and closely with Abdulla Dharamsey, in marginalizing and threatening others – e.g. me, Nagib, Alnaz, Zina are some examples.

10. Dharamsey says he has been speaking to Gray. Gray has said he is acting on Shafik’s Instructions.

a. Shafik said to me he spoke to Gray who on his instruction contacted Salim Mawji to retract the article, while we were discussing to end the lawsuit. Confirming Shafik instructs Gray.

b. Shafik was not telling the truth that Imam is personally handling the lawsuit himself.

11. The LIF announcements were sent without consultations by Shafik (DJI), & knowing they are misleading, contradictory and inaccurate. Azim Lakhani- LIF said he (LIF) did not know and Shafik did not consult him. Also the Talika regarding the lawsuit is contradictory and raises more questions.

a. I have requested clarification, verification and or annotations/explanations. None have been provided so far.

b. The announcements were joint with the Council & ITREBS.

i. Council Presidents were not consulted and were not given all the facts. This was simply an instruction which they followed blindly because they believed Shafik (DJI), Azim (LIF)and Mohammed Keshavjee (ITREBS/IIS/NCABS/ICAB et al)

ii. These were not announced to the whole Jamat globally. Does this not affect or apply to all Murids?

12. Shafik and Manji disobeyed Hazar Imam on 15th Oct 2010, to also end the lawsuit and work together with them.

13. There is evidence that Shafik has said he will ruin Nagib Tajdin.

a. That is what he has been trying to do directly and indirectly. For example;

b. Dharamsey complaint. Not entertaining Nagibs complaint. Misinformation and resulting in threats, marginalization, and violence.

14. Shafik said Imam has been personally handling the lawsuit since 30th March 2010. That is not true. He is giving instructions to Gray. If Imam is personally handling then surely Imam will have asked him to given evidence. Shafik says Imam did not ask him to give an affidavit.

a. They disobey Hazar Imam in giving an affidavit when they say Imam did not ask them.

15. Shafik says a Mehmani accepted even personally by Hazar Imam does not mean anything for him. Like he says Farmans of MSMS are invalid for him. These are we have within and as an integral, living and a fundamental part of our Tariquah being practiced today. He was not telling the truth or the whole truth.

16. Shafik arranged with others to stop IIS and ITREBS from publishing Farmans, and books on our Tariquah (rites, traditions, ceremonies & Ginans). They are disobeying Hazar Imam (see attached)

17. Shafik agreed he will end the lawsuit if Nagib withdrew the allegations against Shafik. While we were discussing this Shafik and Gray allowed Salim Jiwa to publish more misinformation regarding the Lawsuit. Shafik reneged on what he said. I was involved in this personally with Shafik.

18. Hazar made a Farman in presence of Shafik for books by N N Hunza to be published by IIS in 2001, and for his knowledge to be shared widely with the Jamat.

a. Shafik has rejected this Farman and has blocked this and has marginalised N N Hunza and those who are sharing his knowledge which Imam has approved.

b. Alwaeza R Hunza was excluded by him with Poonja and Huzur Gulu Ramji. Now a new case against her. F Hunza and Z Lalani by the Leaders who report to Shafik - This is under the terrorism act in Pakistan. They have refused any dialogue. This is like Nagib – Confrontation but no dialogue.

19. Shafik is blocking reports & information even the names of the executive committees working for the benefit of the Jamat.

a. Another UK example of the £500 million investment which is for the benefit of the Jamat? The Kings cross development which he with Shiraz Kabani , Naguib Kheraj, & his wife are “effectively” controlling. This falls under the UK Jurisdiction. Therefore Amin Mawji will or should be a part of this secret executive committee.

i. Do the Jamat know? Or how many Ismailies, besides the inner circle, have benefited and will from this investment - what is the policy on declaration & conflict of interests, and of multi connected.

20. Hazard Imam allowed Nagib to continue his website. Shafik and Manji asked Imam to close it because it is confusing the Jamat.

21. I met SS at Gatwick Airport regarding the lawsuit and the issues at his request. He said he is taking a flight and had checked in. He said good bye and walked hurriedly to board the flight - 1 hour later he was spotted in south London - I called him and he said when he had boarded MHI cancelled that meeting. He is going with friends for the weekend.

a. I don't believe he was telling the truth and he was using tactics to impress me and make me think that he is so close to Imam and so I must or will believe him.

b. He even said me and he will arrange me to meet Hazar Imam and Imam will confirm Shafik is telling the truth. I said I look forward to that.

c. During our meeting he went twice away for a call and said it was Hazar Imam. If so surely Imam will have told him not to fly for the meeting when he said had checked in.

22. The full and complete constitution is blocked by Shafik/DJI from the Jamat and from Leaders contrary to Imams instructions and farmans (see attached)

23. In May 2010, ITREBS and NCAB and ICAB issued new rules. This is no coincidence but very deliberate. These have been used for the purposes of the Lawsuit against Nagib and Alnaz. Dharamsey filed a complaint at about the same time to NCAB against Alnaz and Nagib

LAWSUIT TIME-LINE

1 Jan 10 SS asks Nagib to stop the distribution of the books

4 Jan 10 Nagib sends a private sealed letter to the Imam, offering 2000 + books of Farmans to each Jamatkhana for distribution free of charge.

16 Jan 10 First LIF announcement (So Hazar Imam instructs them but they do not discuss or meet Nagib or Alnaz or even check what Alnaz did)

24 Jan 10 A scanned letter from the Imam was emailed by SS to Nagib who requested a meeting with Hazar Imam to seek clarification. Dr SS thwarted attempts by Nagib to speak to, or meet Imam to seek clarifications.

17 Feb 10 A telephone conversation between SS and Nagib. Nagib informs SS about alleged forgery. SS makes threats to ruin Nagib and is aggressive. Everyone knows how aggressive and arrogant SS has become. Nagib requests SS to do the following ; 1. To show to the Imam the sealed letter from Nagib to the Imam dated 4 Jan 10. 2. To show to the Imam the scanned letter which SS sent to them with a forged signature 3. To Inform the Imam that he (Dr SS) has made a mistake and to seek forgiveness from the Imam. Nagib assured SS that if SS does, then Nagib will close this matter and work together going forward.

18 Feb 10 In less than 10 working hours ! A second letter is sent by Dr Sachedina from Hazar Imam. This is a serious and an unprecedented issue and situation. Imam considers all issues in detail generally and has given directions for Leaders to do so. The tone , style and content of the letter was not that of Imam. Did SS speak to and explain to Hazar Imam, all what had transpired including, the claim of Forgery and then (within 10 hours), mehmani 18 years ago, 10 publications etc. Hazar Imam decided to write a letter to Nagib in that tone, style and content, all within 10 hours ? ?

30 Mar 10 SS says under oath that he was directed by Hazar Imam to discuss amongst leaders and Imam decided to file the Lawsuit on about 30th March 2010. Easter week.. SS says he discussed only with MM, who he thought had spoken directly with Hazar Imam. SS said lawyers were instructed by Hazar Imam personally on 30 March which is a Tuesday. Friday 2nd April 2010 was Easter Friday. So SS is expecting us to believe the case was prepared, Lawyers instructed in France and Canada, all affidavits prepared and case read and filed in 2 working days. He is not telling the truth.. Due diligence usually in a normal case takes two days minimum, and In a high profile international and unprecedented case, at least 7 working days, especially as SS claims that this lawyer is new and was never used before. So did MM, SS, Hazar Imam AB and MM clear their diaries to focus on the filing of this case on 31 March 2010, and worked during the easter weekend? Did lawyers have a full 24/7 team, with 24/7 access to SS, MM. AB and Hazar Imam? This would be necessary to finalise and file by Tuesday 6th. Final approvals will have been by Thursday 1st April 2010. (Sachedina did not tell the truth under oath)

Mass emails of misinformation and misleading information by Dharamsey, Kamadia and others including Leaders

6 Apr 10 Lawsuit is filed in court. So this must have been ready by Last Thursday, unless Lawyers and Imam worked on this during the Easter week end.

There were no consultation with the national or other leaders.

No contact with Alnaz Jiwa, No notices by Lawyers to either Nagib or Alnaz. No attempts to meet or conciliate.

Would Hazar Imam agree If Hazar Imam knew ? Hazar Imam specifically asked Shafik for LIF-Leaders to discuss and deliberate.

11 Apr 10 SS informs the Leadership in London. Shafik instructs Leaders not to discuss this lawsuit, nor the issues in the Lawsuit because Hazar Imam has directed Leaders not to. There is no such Farman read in Jamat Khanna. Yet in 4 days there is an LIF announcement contradicting what SS said - Imam has authorized LIF to inform the Jamat of all the steps so as to avoid any confusion or speculation. LIF have not done so.

15 Apr 10 LIF Announcement in 4 only regions. India refused to announce it. The LIF announcement says, Imam has authorized LIF to Inform the Jamat and Imam has approved the book of Farmans to be published and, every effort was made to conciliate with the Murids before the lawsuit was filed. Not true.

In April 2010 and May 2010.

ITREBS and NCAB/ICAB approve and issue new rules and policies. Shafik and A Bhaloo use these in this submissions.
A Dharamsey files a complaint against Nagib and Alnaz.
They with M Kamadia and Salim Jiwa propagate misinformation and emails to Ismailies. globally. This started in January 2010, before the lawsuit was filed.

There are those who know the truth, internally and externally. The truth will come to the fore ! Someone will share what is the truth and what really happened. ?

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