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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

A letter to Leaders of the

A letter to Leaders of the Aga Khan Instituions, and reply from Alnaz Jiwa regarding Meetings & discussions with Shafik Sachedina

From: m. chatur.co.uk Sent: 01 November 2014 18:14 To: M Manji Ex President Aga Khan Council Canada; 'aminmawji@blueyonder.co.uk'; 'zauhar.meghji@kelam.com'; 'naguib.kheraj@akdn.org'; 'Noordin Nanji Chairman ICAB'; 'Eqbal Rupanii CEO LIF'; 'Mr Shafik Sachedina'; 'svellani@iis.ac.uk'; 'Ambassador Aziz Bhalloo'; 'President Aga Khan
Council Canada Malik Talib'; sherbanoo.moledina@akdn.org
'
I also read & studied all the lawsuit documents & evidence since April 2010. I also questioned Alnaz and Nagib, in detail, I have also met them. At my first meeting with them, I video recorded them giving us an impromptu, minute by minute account of their meeting with Hazar Imam on 15th October 2010. I have offered to show this to you/leaders. It is compelling and those who have seen are wowed, & one leader said Nagib & Alnaz are clearly “very Imani”

On 15th October 2010, Hazar Imam was magnanimous, gracious, noble, kind, humbling, clear and truely loving.
Hazar Imam was not angry at all with Nagib or Alnaz.

I also spoke to Shafik Sachedina & met him quite a few times including at IIS, Ismaili centre, & Gatwick. I questioned him too. He agreed to end the lawsuit by consent. He was instructing Gray and he said they spoke to Salim. I had many conversations with Nagib & Shafik during that period. He agreed to end the lawsuit. I drafted a consent letter. Shafik then reneged, and did not mean what he said or do what he said. Right Shafik?

You are right, Salim Jiwa is a journalist and was Editor & Publisher of Vancouverite - Vancouver's online news. http://www.vancouverite.com

Mahebub

-----Original Message-----
From: Alnaz Jiwa [mailto:alnazjiwa@hotmail.com]
Sent: 02 November 2014 13:04

YAM, Mahebub.

Your below noted comment about what we said about the meeting we had with MHI is important.

I have often written about what MHI, and He ended by asking Mr. Sachedina and Mr. Manji, 'Why can't you work together with them (pointing to us)'.

It has now been four years since our meeting.

You said you have met Mr. Sachedina on a number of occasions. Did you ask him what MHI spoke about during the 38 minutes the was with us.

Had MHI wanted to tell us that we were being nafarmani in refusing to follow His letters He wrote to Nagib (none to me), and that He had to sue us as 'sad last resort', it would have taken Him exactly one minute to tell us off - to tell us that our denials that it is He who wrote those letters, and that it was He who brought the litigation.

I will note only one point made by MHI, of many, to show He did not cause the litigation to be issued.

In the court pleadings, it is alleged that MHI has a long standing custom to edit Farmans (OK a second point too) that He did not remember the 1992 Mehmani when the first book published by Nagib was presented to Him.

MHI looked intently at us and without mincing His words said, '...my Farmans cannot be changed. You know from our history, when the Farmans were changed, the dais got hurt'. This position of MHI directly opposed the allegation in the Statement of Claim.

And of course He remembered the 1992 mehmani. He also said that He had told ITREB then that they should retain competent translators to translate 'His Farmans from English to French, Farsi, and other languages'.
Why translate? He did not say translate some Farmans. It is evident tgat ITREB did not do as asked.

So Mahebub and others, when you meet Mr. Sachedina and Mr. Manji, please ask then what MHI said to us when He came for discoveries.

And please, all of you, record your conversations when you ask them, as it will be proof of the pudding.

To date I have never heard them dispute what Nagib and I have maintained all along of what MHI had said on that day.

-------------------
"At my first meeting with them, I video recorded them giving us an impromptu, minute by minute account of their meeting with Hazar Imam on 15th October 2010. I have offered to show this to you/leaders. It is compelling and those who have seen are wowed, & one leader said Nagib & Alnaz are clearly “very Imani”

Alnaz Jiwa

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