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

Thursday, 2010, April 29
Heritage News

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

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


Contempt of Court or Contempt of the Imam? Ask Malik Talib.

In an attempt to bend the law and circumvent the last two judgements of the Canadian Federal Court, Malik Talib, an ex lawyer and present President of the Aga Khan National Council in Canada went to see the owner of the printing press where I printed the Golden Edition Farman books. By dubious means and using veiled threats, Talib tried to get the shipping documents and the names of all those who were shipped the Golden Edition from the printing press.

The Federal Court twice refused to Brian Gray of Norton Rose to get any names or shipping documents from the printing press and Malik Talib crossed the boundary, in complete contempt of Hazar Imam's Farmans on respecting the law of the land, in complete contempt of two Court Orders. On behalf of whom? Gray or Sachedina? Or both?

Was Malik Talib trying to please Sachedina? Was he instructed by Sachedina to try to get under the table what he could not get officially and legally? Was Gray involved in this directly or indirectly? Did not Malik Talib think for a second that he was going against all that for which Hazar Imam stands: integrity, ethics, respect of the law of the land, respect of the Court?

Talib has been trained by Mohamed Manji in the position he now fills. Mohamed Manji was booted out last July 2012. In October 2010, Mohamed Manji raised his voice to the Imam and I thought once Manji is gone someone better will replace him. How wrong I was. The more it change, the more it stays the same... human nature! It Took only few months to what looked like a promising, perfectly nice decent ethical person , once appointed, to start acting against the Imam's values. I can not believe that he chose to associate himself and work closely with those who went to the extent of forging Hazar Imam's signature!?

So what next Mr Talib.? Gray wanted also my computer which the Court did not give him. Are you going to ask someone to steal my computer? Would that be different from what you did by trying to steal information from the printer? A French proverbe says "Qui vole un oeuf, vole un boeuf".

From the overwhelming support I have received, I can see that the Ismaili Intelligentsia does in large number believe that the forgery has happened. And this has been confirmed by 3 independent forensic experts with Gray's own expert having declined to to confirm that the signatures were authentic.

Hazar Imam never signed any affidavit in support of this case. Sachedina and Bhaloo did. They, under oath, recognised that the Imam never asked them to file their affidavits nor verified it. Ultimately their whole propaganda in announcements, web sites and emails against Nagib and Alnaz was not able to convince the Ismaili Intelligentsia.

The lawsuit is entering its 4th year now. I asked the Court to pronounce the matter closed. Gray opposed. He lost. He has gone on appeal. Who instructed Gray? Not a difficult question to answer.

A person that I know, once asked Hazar Imam why he did not remove corrupt leaders. The Imam replied, it is like apples in the tree, if an apple rot, it falls by itself.

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