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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


Copy of my letter to our

Copy of my letter to our Leaders, LIF a& ICAB. If you agree please request Leaders in your areas to do as as Imam has said.

" From: Mahebub Chatur [mailto:mahebub.hatur@btconnect.com]
Sent: 02 August 2014 12:46
To: 'Eqbal Rupanii CEO LIF'; 'Noordin Nanji Chairman ICAB (noordin.nanji@gmail.com)'; 'CEO - Coordinator ICAB AlyAlidina@iis.ac.uk'; 'Ismaili Council President UK aminmawji@blueyonder.co.uk'; 'Shafik Sachedina Head of DJI -ITREBS-IIS-AKDN(shafik.sachedina@akdn.org)'; 'Alnaz Jiwa'; 'Nagib Tajdin'; 'President Aga Khan Council Canada Malik Talib'; 'Ex President M Manji Canada (farimed@rogers.com)'

Subject: 4 years after Mowlana Hazar Imam asked Gray, Shafik Sachedina and M Manji to put the matter to rest, the Copyright case continues....

Nagib and Alnaz lawsuit - The next hearing is on 7th October 2014. This unprecedented and an Ismaili milestone lawsuit and its impact is arguably as big as was the challenge 800 years ago (ses below*) . And remember for example;
• Hazar Imam allowed all those who have books of Farmans to keep them.
o If Hazar Imam did not wish his spiritual children to have his Farmans Imam would have said so.
o On the contrary all Farmans, the constitution and speeches say Farmans are for the Jamat and to be given to the Jamat.

• Hazar Imam has never made any affidavit in this lawsuit.

• On 15th October 2010 Imam gave directions to Shafik Sachedina, B Gray, and M Manji to end this lawsuit

o Imam also said Imam knows Alnaz was never involved.
o Alnaz was never contacted by Shafik Sachedina or M Manji or any Leader.
o The jonint announcments said all efforts were made to resolve the matter amicably.
o NCAB and ICAB were not involved or consulted
o Shafik said Imam said he must consult institutionally. He did not nor did he meet Alnaz and Nagib before of after the lawsuit.
o Shafik said he was not involved in the Lawsuit. Yet we know he was and is and gives instructions to Gray.

So why is Shafik Sachedina and M Manji and M Talib who was VP then, allowing this case to continue & trying to get the names of those who have the books and the costs. If Hazar Imam wanted these Imam would have said so on 15th October 2010. Hazar Imam did not.

Every Leaders and members of ICAB/LIF today should be asking Shafik Sachedina, M Manji, M Keshavjee, M Talib, & A Bhaloo to tell Leaders & Jamat what Imam is telling them..(GJ Farman London).

Standing by and not standing up will cause more damage to our community.

*800 Years ago. The crusades by Christians started in 1095. The reason was because of the increasing mistreatment of Pilgrims going to Jerusalem for their pilgrimage. Saladin succeeded in taking over the Fatimid empire because the Fatimid leadership were not working together and not sharing equitably. They were allowing Pilgrims to be mistreated which was totally against the directions of our Imams.
Saladin succeeded in taking over the Fatimid empire in 1171. Ismailis were forced to move to Syria/Alleppo, and onto Alamut. Saladin pursued them but was not able to succeed, despite the lower numbers of murids with their Imam, because Ismailies were united & worked together in following guidance from their Imams..

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