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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 to Leaders

Sent: 29 June 2014
To: 'Shafik Sachedina Head of DJI -ITREBS-IIS-AKDN(shafik.sachedina@akdn.org)'; 'Ambassador Aziz Bhalloo'; 'Mohammed Keshavjee (isabelle.cirot@aiglemont.org)'; 'Ex President M Manji Canada (farimed@rogers.com)'; 'Vazir Azim Lakhani EX Chair LIF (azim.lakhani@btinternet.com)'; 'Noordin Nanji Chairman ICAB (noordin.nanji@gmail.com)'; 'Nazmin Kassam Chairman NCAB UK (nazminkassam@gmail.com)'; 'President Aga Khan Council Canada Malik Talib'; 'Ismaili Council President UK aminmawji@blueyonder.co.uk'
Cc: 'Nagib Tajdin'; 'Alnaz Jiwa'; Salima Bhatia (salima@salimabhatia.com); 'FDaftary@iis.ac.uk'
Subject: Farman case New motions filed on Chandrat & eve of Ramadan .....

New motions (Applications), filed in court on 27 June 2014 (filed on Chandrat & start of Ramadan). They are asking for costs & names. Do you agree that
• Hazar Imam has never and would not wish to do this against any spiritual child, in court, and esp. knowing the following**. If you disagree please clarify and let me have related farmans and documents. I am happy to meet you. (Link to the Two motions filed)

• S Sachedina , A Bhaloo, M Manji, M Talib, M Keshavjee, and A Lakhani (Leaders involved)should have met and should now meet Nagib and Alnaz to end the lawsuit and work together as Imam has directed?
• Current Leaders/Mukhis must meet intervene to meet/resolve this internally, as Hazar Imam directed on 15th October 2010, and in Farmans
**WE KNOW.
1. Shafik Sachedina (with others), is giving instructions to the Lawyers. He has said Hazar Imam is personally giving instructions.He has also said Hazar Imam did not ask him to file any affidavit and that he did not discuss his affidavit with Hazar Imam.
2. Hazar Imam has never filed any affidavit in this lawsuit.
3. None of the Leaders involved made any effort to meet Nagib Tajdin or Alnaz Jiwa before the lawsuit (This is totally against Imams specific & general Farmans)
4. None of the Leaders involved met Nagib or Alnaz after the lawsuit to resolve this internally and to end the lawsuit as Imam has directed (This is totally against Imams specific & general Farmans)
5. In the Joint ITREB/Council/LIF announcement t the Jamat they said every effort was made to resolve this internally . (This is totally against Imams specific & general Farmans)
6. Shafik said in court Hazar Imam did not ask them to file an affidavit, and yet he and Aziz Bhaloo decided to file affidavits. (This is going against Imams Farmans)
7. Hazar Imam asked Shafik and M Manji to end the lawsuit and work together with Nagib and Alnaz. This was on 15th October 2010. (They have not done and so are going against Imams Farman).
8. Those who have Nagib’s books of Farmans have been allowed by Hazar Imam and the Court to keep the book of farmans. This was reconfirmed by Hazar Imam on 15th October 2010***. (Hazar Imam wants Farmans to be shared with the Jamat)
9. Hazar Imam authorised the publication of Farmans. This was confirmed by Shafik Sachedina, LIF, Councils, & ITREBS in their joint announcement to the Jamats in 2010. (They have not done what they say Hazar Imam has asked them to do)
10. On 15th October 2010, Hazar Imam said he remembers the Mehmani when the first book of Farmans was published by Nagib in 1992.
11. Hazar Imam asked Shafik and M Manji to work with Nagib and Alnaz. (They are not doing what Hazar Imam has said)
12. In April 2011, M Ebrahim (Nano Wisdoms) was given special permission to publish Imams speeches (which are Farmans). (Therefore Hazar Imam wishes Farmans to be published by Ismailis & shared globally)
13. Hazar Imam has not filed any affidavit in this lawsuit.
14. On 15th October 2010, Instead of saying I have filed the lawsuit, Hazar Imam gave guidance to work together and end the lawsuit. (Shafik and M Manji did not do what Hazar Imam said)
15. Listen to the attached Farman excerpt. The sentence was deleted from the Farman given to Mukhis, and read in Jamat Khanas.
16. Farmans are for the Jamat, and to be shared with and by the Jamat.
17. Nagib Tajdin has submitted evidence of forgeries to the Leaders including to ICAB and NCAB. They have refused to investigate which is against the constitution and Farmans
18. The lawsuit time line below leading up to the filing of the lawsuit and what SS said on 15 April 2010.

REGARDING 24 BOOKS ALNAZ RECEIVED - QUESTIONS FOR ALNAZ ?
1 Names and addresses of distributors of the books?
2 Name of the person who gave the 24 books to him?
3 List of names to whom he gave the books to as a gift
4 full List of names of every person Jiwa sold the book to.?

• ALNAZ OFFERED TO PAY THE FULL AMOUNT AND COSTS TO HAZAR IMAM. LEADERS INVOLVED HAVE REFUSED TO ACCEPT.

• ON 24TH OCT 2010 NAGIB AND ALNAZ SAID TO HAZAR IMAM ALNAZ HAD NOTHING TO DO WITH THE PUBLICATION & DISTRIBUTION OF THE BOOK.
• HAZAR IMAM SAID “I KNOW”.

WHY WOULD THEN IMAM CONTINUE THE LAWSUIT ?

THE 5 QUESTIONS IN THE MOTION FOR NAGIB TAJDIN
1 Total book printed
2 No of books sold
3 Amount received from sales
4 Cost of Books
5 What award of “interest”
On 15th October Hazar Imam did not ask for any of these, and allowed all those who have the books to retain them to have, read, understand implement, share with their family and friends.

What your Joint announcement said
“..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..”

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