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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

An Eye Opener

Letter to Sachedina as received;

Shafik Sachedina says Hazar Imam drafted the LIF announcement. You also said the following which is the opposite.

What is the real truth Mr Sachedina.

Sachedina #444: Cross-Examination by Mr Jiwa.

Q. My question was who drafted it?

A. I've told you the process. It is done by the LIF Secretariat with the chairman of the LIF, myself, and the president of the council where the jurisdiction is of the countries involved were consulted. Link for more ….. http://ismaili.net/heritage/node/30380

So in this case, was the LIF announcement deliberated upon by LIF, and prepared jointly by Dr Sachedina, Azim Lakhani, E Rupani and President of Canada, and Kenya ? or was it drafted by Hazar Imam as Sachedina is saying. (on his qay to the Airport when there were no flights)

Sachedina you claim Imam decided to file a lawsuit on 30th March 2001, It is impossible even within 2 working days, to file such a case allowing to meet lawyers in France and Canada, (2 days) to then instructed them, ( 2 days) Lawyers due diligence (5 days) , Lawyers to then have considered and given advice (2 days) , consideration of that advice and related documentation, deliberation and impact analysis institutionally, (5 days) then preparation of the affidavits.

Shafik you say said Imam did not ask you to file – So who asked You & A Bhaloo to get involved in the lawsuit and give instructions to MR Gray and when?

1 Jan 10 SS asks Nagib to stop the distribution of the book of Farman

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. Masses of emails against Nagib and Alnaz and the book are sent and continue.

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. This is 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.

SS is expecting everyone to believe the case was prepared, Lawyers instructed in France and Canada, all affidavits prepared and case read and filed within 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 the documents must have been ready before the easter weekend, unless Lawyers a,nd 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 or file the Lawsuit if Imam was told there were no consultations and no effort was made ? If

Hazar Imam specifically asked Shafik for LIF-Leaders to discuss and deliberate. Shafik says so. But he did not do as Imam instructed him according to his own evidence

11 Apr 10 SS informs the Leadership in London that a Lawsuit has been filed. 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 was made in 4 only regions. India refused to announce it. The LIF announcement says, Imam has authorized LIF to Inform the Jamat and that Imam has approved a book of Farmans to be published. The announcement says EVERY effort was made to conciliate with the Murids before the lawsuit was filed. Not true as Alnaz was never even contacted.

In April 2010 and May 2010.

ITREBS and NCAB/ICAB issue new rules and policies. Shafik and A Bhaloo use these in this submissions.
Abdulla Dharamsey files a complaint for excommunication against Nagib and Alnaz.
They with M Kamadia and Salim Jiwa propagated misinformation and emails to Ismailies globally which resulted in violence and death threats. This first started in January 2010, after Sachedina asked Nagib to stop distributing the latest edition of his book of Farmans the lawsuit was filed.

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