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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


Fundamental rights of all Ismailis

Letter to Noordin Nanji Chairman of Aga Khan International Conciliation Board and partners with Strikeman Elliot lawfirm, and Mr Malik Talib a Lawyer & President of Aga Khan Council Canada, as received.

To: 'noordin.nanji@gmail.com'; President Aga Khan Council Canada Malik Talib;'

Subject: fundamental rights, Justice, making a mockery...... Open letter to Noordin Nanji - ICAB in response to his Email

Dear Mr Nanji

Thank you. Let me ask you something very simple. As a Lawyer, an Ismaili, & Chairman of ICAB (jointly & severally);

Do you agree that any Judge will be breaching your fundamental rights & making a mockery of your constitution, in the following 3 examples;
1 If a Judge quotes only one sentence from the “constitution” and makes a unilateral judgment against you, without having regard to the full constitution as defined below. (did you not do that)
2 If a Judge refuses to give you the constitution, and or says that you are not entitled to not the full constitution but what he decides to give you.(did you not do that )
3 The judge refuses to meet you , & effectively refuses any dialogue whatsoever. The Judge is additionally unilateral, confrontational and does not even attempt to facilitate a meeting with or between the parties. Yet he continues to communicates with the other side (did you not do that )

Canadian constitution – fundamental rights & benefits
• Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
• This does not preclude any law, program or activity that has as its object the amelioration (Improvement) of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Composition of the Canadian Constitution
The constitution is large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; The Constitution of Canada is an amalgamation of codified acts and uncodified orders, traditions and conventions. The Constitution of Canada includes;
• the Canada Act, 1982
• the Acts and orders referred to in the Schedule; and
• any amendment to any Act or order
• This list is not exhaustive - and includes a number of pre-confederation acts incl. 1867 act, and unwritten components (Supreme court ruling)

Composition of the Ismaili Constitution
Similarly our Ismaili constitution is made up of a large number of documents and includes the following. (M keshavjee loves to remind you that Ismailis are a frontierless state without a state)
1 The constitution as ordained and amendments
2 The rules and regulations including amendments
3 Farman’s (as defined by Imam in the constitution)
4 Case Law - rulings and precedents including NCABS and ICAB
5 The law of the Land
6 This list is not exhaustive (as in the all constitutions which are dynamic and enabling)

Do you agree that you have at best disrespected & insulted our constitution (Farman), which includes our faith, our ethics, our Farmans, The Quran, our community and the Law ?
I invite you to read again the pledges you & your circle gave unconditionally and unreservedly in the presence of Hazar Imam. “ We and the Jamat submit homage and reaffirm our Bayah to Imam e Zaman, Commander of the faith, Lord of the age of time, and direct descendant of Prophet Muhammed (PBUH); Oh Imam e Zaman, We and the Jamat all over the world stand before you, and we make these solemn pledges;

1 We pledge our unreserved spiritual allegiance.
2 We pledge our absolute loyalty and we submit to you as our Imam, Pir, and Murshid to lead us along siratul mustaquim
3 We pledge and submit our entire love devotion and dedication
4 We pledge our obedience, Oh bearer of true authority in direct succession to Prophet Muhammed Hazrat Ali and Bibi Fatima (PBUT)
5 We pledge to extend our unreserved and unconditional support to all your endeavours for the Jamat’s spiritual and material progress, and wellbeing
6 We pledge our total support for your work in the cause of Islam, our faith of peace love compassion and human dignity.

I will be happy to formally debate this with ICAB or you as a Lawyer, or as an Ismaili murid as Hazar Imam wishes us to do in many Farmans I have quoted. I hope a simple matter of the composition of our constitution and access by every murid equally will not have to be decided in the courts of the land.
The above excludes my other concerns, submissions and requests which you have chosen to ignore and continue to do so
Mahebub Chatur

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