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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

Letter for clarification or

Letter for clarification or confirmation.

From: Mahebub Chatur [mailto:mahebub.hatur@btconnect.com]
Sent: 09 January 2014 20:03
To: Shafik Sachedina Head of DJI -ITREBS-IIS-AKDN(shafik.sachedina@akdn.org); sherbanoo.moledina@akdn.org; 'Ambassador Aziz Bhalloo'; zauhar.meghji@kelam.com; mahmood@poonja.co.uk; 'Mohammed Keshavjee (isabelle.cirot@aiglemont.org)'; President Aga Khan Council Canada Malik Talib; 'Vazir Azim Lakhani EX Chair LIF (azim.lakhani@btinternet.com)'; Ismaili Council President UK aminmawji@blueyonder.co.uk; 'svellani@iis.ac.uk'; 'Eqbal Rupanii CEO LIF'; 'Mukhi Salim Janmohamed West London UK'; Vice President Alwaez Shiraz Kabani (skabani@iis.ac.uk); 'Chair ITREB UK Salima Bhatia'; Qahir Manji; 'Noordin Nanji Chairman ICAB (noordin.nanji@gmail.com)'; 'Nazmin Kassam Chairman NCAB UK (nazminkassam@gmail.com)'; CEO - Coordinator ICAB AlyAlidina@iis.ac.uk
Subject: Farmans and the Lawsuit Shafik Sachedina ... The truth

Dear All;
(Incl. Shafik Sachedina, Aziz Bhaloo, M Manji, M Talib, S Moledina, Mohammed Keshavjee, Azim Lakhani, S Vellani, Zauhar Meghji, M Poonja, A Mawji and E Rupani)

The announcement made by you said the following (LIF, Councils, & ITREBS see quote below)

a. You said Hazar Imam has approved Farmans to be published & given to the Jamat including the Golden Jubilee Farmans. Why then are you still blocking them from the Jamat?
b. You said the lawsuit was a last resort & was after every effort was made. That is not true. (time line below)
c. You said you will keep the Jamat informed of further development in this matter. You have not and are refusing to do so

• You are not doing what Hazar Imam is telling you, and which you yourselves are confirming Hazar Imam has said. (Quote below)
• Hazar Imam has said clearly that Farmans are to be given to the Jamat.
• The attached 80 Farmans and proofs confirm, Farmans and our constitutions are for, and are to be given to the Jamat.
• Hazar Imam said in the GJ London Farman that leaders are not telling the Jamat what Imam is telling them to tell the Jamat.
• Shafik Sachefina said Hazar Imam thinks in French and speaks in English, and so according to Shafik, Hazar Imam gives some guidance’s in English, but means something else. In these cases Shafik changes what Imam says to what he decides Imam is saying. This is nonsense & not true.
• Nagib made allegations of forgeries against Shafik Sachedina, and submitted evidence to Shafik and our Institutions, including ICAB.

Can you please confirm or clarify, and let us have further information you promised 4 years ago.

What your announcement says.
“..The Jamat will be pleased to be informed that Mawlana Hazar Imam has already approved that the Jamati institutions should formally publish a volume containing the approved texts of his Farmans, including those made for the Golden Jubilee. This will be made available to the Jamat in the near future...”
“.The Jamati institutions will continue to keep the Jamat informed of further development,;in this matter, as appropriate..”
“..LIF and the National Council hope that the Jamat will appreciate that the recent legal steps have been taken as a measure of last resort, and only following the failure of this group to respond positively..”

The Lawsuit Time line

4 January 2010
a. Nagib Tajdin writes a letter and offers the book of Farmans free of Charge for all Jamat Khannas in the world (about 2800 books)

16 January 10
a. LIF makes an announcement which was sent by Shafik Sachedina (SS), to be read in all Jamat Khanna’s.
b. Azim Lakhani (Chairman of LIF) said;
a. He did not call Nagib or Alnaz to discuss or verify the facts
b. He did not read Nagib’s letter of 4 Jan 2010
c. He did not view the Mehmani Video in 1992, or read all the earlier editions of the books by Nagib since 1992
d. He did not verify the facts with Hazar Imam.
e. He did not prepare the LIF announcement nor was it presented by SS to LIF formally as a Body to consider
f. This announcement is therefore unconstitutional and not in accordance with Farmans.
g. This announcement was widely emailed and circulated by SS. Leading to misinformation , speculation, and also violence against Nagib and Alnaz.
h. A Dharamsey circulated this to 45000 Ismails on his database and additionally made false allegations (He then filed a complaint to NCAB Canada in June 2010 – before the evidence was filed – No other Ismaili or our institution have filed a complaint against Nagib or Alnaz under our constitution.
c. This announcement was headed as a joint announcement by the National Councils, and ITREBS.
a. The Chair of ITREBS and Presidents of Councils did not verify the facts or talk to their local NCAB or the Mukhis.
b. The constitutional Boards processes were not followed.
c. None of them contacted Alnaz Jiwa and nagib Tajdin.
d. NCAB and ICAB were not consulted or involved constitutionally or as a part of the internal process ordained by Hazar imam.
d. There was no meeting or dialogue initiated with Nagib Tajdin or Alnaz Jiwa, by any Council or ITREBS or other constitutional national or international Boards.

24 January 10
a. A scanned letter from Hazar Imam was emailed by SS to Nagib who then requested a meeting with Hazar Imam to seek clarification.
b. Sachedina thwarted attempts by Nagib to speak to, or meet Hazar Imam to seek clarifications.
c. Nagib was concerned and instructed forensic expert’s reports, who concluded that, the signature of Hazar Imam, was not an original signature and was therefore a forgery.
d. Nagib decided to confront Shafik (as Imam wishes us to do in Farmans)

17 Februay 10
a. There was a telephone conversation between SS and Nagib.
b. Nagib informs SS about alleged forgery and his evidence.
c. SS is very angry, and makes threats to ruin Nagib. SS is very aggressive and shouting down Nagib
d. Everyone knows how aggressive and arrogant SS has become since 1992.
e. Nagib requests SS to do the following in this conversation;
a. To show to Hazar Imam the sealed letter from Nagib to the Imam dated 4 Jan 10.
b. To show to Hazar Imam the scanned letter which SS sent to him with a forged signature, and to tell Hazar Imam the truth.
c. To Inform Hazar Imam that he (SS) has made a mistake and to seek forgiveness from Hazar Imam.
d. Nagib assured SS that if SS does that, then Nagib will close this matter and work together with SS going forward.
18 February 2010
a. In less than 10 working hours since SS conversation with Nagib !
a. A second letter was sent by S Sachedina allegedly from Hazar Imam.
b. This is regarding a serious and an unprecedented issue.
c. We know Imam considers all issues in detail and by consultation and consensus. This takes time on most matters and this was both serious and complex.
d. The tone, style and content of the letter was not that from Hazar Imam.
e. SS speak did not explain to Hazar Imam, all the truths of what had transpired including, the claim of Forgery, the mehmani in 1992, no discussions or meetings by SS with other leaders, Mukhis, NCAB , ICAB and or LIF
f. Had SS told the truth, Hazar Imam never write or authorise a letter to be sent and that too within 10 hours.
g. The tone, style and content of the letter was similar to the tone and content of the earlier conversation with SS.
h. There were no meetings and dialogue with any other leaders and no contact with Alnaz or Nagib.
i. Nagib writes to Prince Amyn thinking the letter will go to him personally, and he will inform Hazar Imam personally. He gets a letter in reply which concerns Nagib even more.
30 March 10
a. SS says under oath that on about 30th March 2010, he was directed by Hazar Imam to discuss this matter amongst the leaders. He did not do so.
b. SS said Lawyers were not instructed to prepare or file a lawsuit at this stage. SS was not asked by Hazar Imam to file an affidavit, but he did. So did A Bhaloo.
c. SS says he discussed this matter only with MM, who ss thought, had spoken directly with Hazar Imam.
d. SS said the lawyers were instructed by Hazar Imam via Carnegie (There were no consultations with any Leaders except SS, MM and AB)
e. SS said Hazar Imam is personally dealing with the case. SS and MM have been dealing with the case and the lawyers.
f. 30 March 2010 was a Tuesday. (Easter weekend)
a. Allowing for Easter weekend there were 3 working days to instruct Lawyers which usually in a normal case takes a day.
b. In a high profile international and unprecedented case this takes at least 4 working days, especially as SS claims this lawyer is new and was not used before.
c. Then to file (without notice), and to do the due diligences, drafting, affidavits, in a case where the clients are global and a lawsuit which is high profile and is unprecedented. Therefore on Wednesday did MM, SS, Hazar Imam AB and MM clear all their diaries to focus on the filing of this case? 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 Monday 6th. That is an Easter weekend.
g. Doing all this and filing a lawsuit within one working day? (This is totally unbelievable, and beyond the realms of reality)
h. This was the Easter week.
i. We now know that SS has given and gives instructions to Gray who accepts them
a. So when was the first time instruction given by SS to Gray and
b. Was this by SS or personally by Hazar Imam?
c. In what form are those instructions ?
d. What kind of institutional delegated authority has been given to Leaders under our constitution and to Gray?
j. There is no question that SS did not tell the truth or the whole truth under oath.
k. SS clearly decided with others much earlier than 30 March to instruct lawyers and to file this lawsuit. (Can someone who knows tell us when and what instructions were given and by whom since 4th January 2010)
6 April 10
The Lawsuit was filed in court by Gray. The Lawsuit surprising includes Alnaz Jiwa.
a. There has been no contact whatsoever with him by SS, MM, AB or any other leaders. There were no legal notices before action sent to Alnaz from Gray or SS or LIF. SS did not know or meet Alnaz and yet he gave affidavit against him.
b. SS said he had not met Alnaz and thought he was running a website (15th Oct 2010)
c. If Alnaz was not contacted. SS and A Bhaloo did not know him. Hazar Imam would never agree to include Alnaz ?
a. And of course If Imam was the real plaintiff, and Imam would have
i. asked what efforts were made to discuss and settle this matter
ii. asked if Alnaz was contacted and this was discussed with Alnaz
iii. Was this discussed with and amongst all the leaders and there was consultation and consensus by the Boards
d. On 15th October 2010 offered annotated Farman’s and allows all those who have the book to retain them. Hazar Imam would have said I want you to end your defence and all books must be returned. Imam did not say that.(we also know also the 6 facts and 80 proofs/farmans)
11 April 2010
a. SS informs the Leadership in London that the lawsuit was filed by Hazar imam
b. He instructs everyone not to discuss this lawsuit, or the issues in the Lawsuit, because he said Hazar Imam has directed this because Hazar Imam is personally handling this lawsuit.
a. That is not true. Why does he then discuss the lawsuit?
b. Why did not LIF tell the Leaders but him?
c. This is in direct conflict with the 2nd LIF announcement of 15th April 2010 which 4 days after the Leaders meeting in London. LIF announcement says
i. That they will keep the Jamat informed.
ii. Imam has authorised them to inform the Jamat.
iii. Hazar Imam has authorised the publication of Farmans
d. We know that SS is instructing B Gray (I personally from him, and in the email with A Dharamsey in which B Gray confirms. Also to Nagib Gray has confirmed)

15th October 2010
Meeting with Hazar Imam – 28 minutes of Guidance by Hazar Imam (Farman). Key messages. Hazar Imam started with saying may I make a suggestion,
1 All those who have the books can keep the Books of Farmans. (This was a later confirmed by the Court)
2 Shafik Sachedina and M Manji should work together with Nagib Tajdin and Alnaz Jiwa “..Why cant you work together with them..”
3 We will meet we will meet outside of litigation to consider what to do next.
4 Ismaili.net is not to be closed as suggested by M Manji (Ex President of Canada Council), who said this website is confusing the Jamat.
5 Imam does not edit Farmans but annotate Farmans and offered copies to Nagib and Alnaz
6 Imam said that he remembered Mehmani of 1992 very well
7 Imam said Imam knows Alnaz Jiwa has not published any Farman
The last words spoken by MHI were “why can't you work together with them” (Nagib and Alnaz)
April – May 2011
Mohib Ebrahim was given special permission to publish Farmans (Imams speeches & writings – Farmans as defined by Hazar Imam is the constitution
1 Mohib began publishing these at www.nanowisdoms.org. There are excellent search facilities, themes and regular e-updates
2 The following confirmation is on the website “…Launched in 2011, the NanoWisdoms Archive is a unique website dedicated solely to the Ismaili Imamat’s speeches, interviews and writings and was granted the distinct honour and privilege of special permission to reproduce His Highness the Aga Khan IV’s speeches and writings. The Archive brings together material from all official Ismaili institutional Web sites — including akdn.org, iis.ac.uk, theismaili.org, aku.org, archnet.org, pluralism.ca — institutional publications, printed materials, media Web sites, transcriptions of video recordings, and other sources.

With over 600 readings, the Archive is the most comprehensive, publicly available collection of Imamat speeches, interviews and writings today. And, as a dedicated repository, it enables focused yet comprehensive searches that return results only with the Aga Khan’s remarks since the Archive contains no other content, content which often makes searching for his remarks frustrating due to the vast amounts of other material returned.
This project is a personal endeavour, and is neither associated with, nor operates on behalf of, His Highness the Aga Khan, the Ismaili community, or any of their official institutions. All speeches have been reproduced, with permission. Copyright © His Highness the Aga Khan.

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