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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

ARE NCAB AND ICAB BEING

ARE NCAB AND ICAB BEING FAIR, JUST, PROFESSIONAl, COMPETENT, ACCOUNTABLE, TRANSPARENT, AND HELPFUL, FOLLOING FARMANS AND ETHICS...Letter sent to Leaders as received

We were all at JK last night. We were reminded to read & follow Farmans. We prayed to be united, to be Farman Bardari, and to work together for the benefit of the Jamat. We said Ameen.

In the Waez, we were reminded to make Farmans a part of our daily life. The Farman was quoted for us to take our Tasbih and call the name of our Imam (see below). In that Farman Hazar Imam also also said the following. I look forward to hearing from NCAB-ICAB to my specific and reasoned requests which are all in accordance with Farmans and the ethics of our faith.
Mahebub

“ the Jamati constitutional bodies, can make significant contributions to the Improvement in the quaility of life. And I will give you an example which is the mediation-arbitration where all people in the Developing World are faced with a very high costs of litigation, unsure outcome and sometimes worst, that is, judicial systems that are, frankly, corrupt. Society cannot function in these envoirnments, and we have constitutional bodies dealing with issues such as these. And, more and more I believe that, if the Jamat wishes it, we can make these bodies available to people outside the Jamat because we have the knowledge and the experience of running these institutions in a competent professional manner So I am saying to My Jamat today don't be surprised if the Imam-of the Time says in two or three or five years, Alright, Arbitration, you can make yourselves available to people outside the Jamat, And this is the notion of building civil society, where the competencies of a community become competencies of a wider national scale..”

“ You can call on the name of the Prophet, Saiia Aiiahu Aiayhi wa Ami wa Salaam. You can call on the name of Hazrai Ali You can call on the names of the Imams. You can call on the name of the Imam-of-the-Time. You have the possibility to practise in a simple manner, unbeknownst even to others, your faith by remembering, remembering, remembering, remembering. Remember, and never forget, if you forget, you have given away the world of the soul and you have let it be totally replaced by the material world around you, and this is not acceptable. So I am saying to My spiritual children, whatever the pressures of your lives, when you are young, middle aged, older, never forsake the remembrance of your faith. (2005)

From: m@chatur.co.uk
Sent: 18 July 2014 10:19
To: 'aminmawji@blueyonder.co.uk'; 'Vice President Alwaez Shiraz Kabani'; 'Salima Bhatia'; 'nadiabhimji@yahoo.co.uk'; 'Nazmin Kassam Chairman NCAB UK '; 'Noordin Nanji Chairman ICAB (noordin.nanji@gmail.com)'; 'CEO - Coordinator ICAB AlyAlidina@iis.ac.uk'; 'President Aga Khan Council Canada Malik Talib'; 'Eqbal Rupanii CEO LIF'; 'Vazir Azim Lakhani EX Chair LIF (azim.lakhani@btinternet.com)'; 'Mohammed Keshavjee (isabelle.cirot@aiglemont.org)'; 'Vazir Azim Lakhani EX Chair LIF (azim.lakhani@btinternet.com)'; 'Khan'
Cc: 'Mukhi Salim Janmohamed West London UK'; 'bubblykay@hotmail.co.uk'; 'gafoor111@yahoo.com'; 'Alnaz Jiwa'; 'Nagib Tajdin'; 'Mansoorali noorani'; 'Rubbina Shaheen (rubbinashaheen786@gmail.com)'; 'nimet.hirji@iiuk.org'; 'Shafik Sachedina Head of DJI -ITREBS-IIS-AKDN(shafik.sachedina@akdn.org)'; 'amyn.kassim-lakha@akdn.org'
Subject: Serious case of Karima ... REFUSAL meet , conciliate or provide information......criminal matter s...

Thanks. Do you agree Zina is right and,

1 Regarding NCAB-ICAB Jurisdiction NCAB and President of Councils know they are wrong, constitutionally legally and according to Farmans. And
a. Every member of NCAB board does not have a full copy of our constitution including all the related Farmans.
i. Yet they have all signed an oath to protect and uphold the constitution and are a party to NCAB decisions.
ii. Assuming Nazmin is acting collectively and not individually or with President UK, & a close inner circle.
b. We all know NCABS have mediated in resolving differences and disputes between Ismailies where some Ismailis held leadership positions.
c. I have requested information and clarification from the UK Legal Board, and that is being delayed because I assume Nadia Bhimji will do whatever Amin Mawji tells her as the Board reports to the President.
i. If She were to do what Hazar Imam and the constitution says she would have responded by now. Am I not right Nadia ?

2 NCAB makes this "new excuse" after 7 months. Why not say this in December 2013?
a. NCAB is continuing to frustrate and delay Karimas Case and requests, and knowing they are causing more pain and suffering. They know this, and yet refusing to meet and give information.

3 Regarding giving her Files and not giving the information they know Karima is entitled to them, including to the money she was promised & guaranteed by those Ismailies involved and who made sex a precondition and some were in positions of trust too.

4 I made serious against 3 Ismailies who happen to hold leadership positions.

a. NCAB and ICAB have so far tried to frustrate and delay rather than meet and or conciliate.
b. Not even to help meet in preparing cases or any conciliatory traditional intervention of elders as NCAB say opening and publicly they do. say they do.

5 NCAB have not provided the full constitution with all the related Farmans & rules, let alone verified copies including NCAB and ICAB approval signed minutes, having

a. clear and irrefutable evidence of tampering changing deleting sections and parts of Farmans and speeches. And
b. evidence of forgeries submitted by Nagib Tajdin to NCAB & ICAB.

6 Every NCAB member must request and have verified copies of the full constitution and all the related Farmans, and not rely of what Nazmin and his inner circle say to them verbally.
a. That is if they want to respect their Bayah, pledges. Allegiance and " additional " Oath they have signed. Remember what you say Ameen to in JK & in your prayers daily.

7 Regarding Meeting request for 8 months. Karima is planning to come to London and if NCAB agrees to meet I can arrange as I have said before. The reason I am meeting Karima is to help her prepare and be prepared for her case, which sadly may have to go externally to the authorities and or the courts.
a. That is because NCAB and President UK are not respecting (& going against), the wishes and Farmans of Hazar Imam & Imams.

I look forward to hearing from you.

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