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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

Using karsaji money

Yaa Ali Madat, dear brave person,

If you read the following again (original testimony by our esteemed leaders), you will realize that anything the Imam says is "NOT VALID" until He edits it, approves it for release, then the authorities decide to release it (IF and WHEN they decide) then us Murids have something to go by. Practically, when we all gather for His Deedar and guidance, without the intermediaries, it is all fruitless because the Imam has not yet approved ANYTHING for release. (At this stage I wonder why we even bother to rush and crowd for His Deedar) Because even any personal messages that could transpire between a devotee and His Murshid have to be edited then released. I hope you get my drift.

Now, with such a scenario, who cares about karsaji because the intermediaries can in theory take total control.

This reminds me of a Firman by MSMS where He outlines that even the firmans made by His "aulaad" that the Jamat knows could be His Firmans, should NOT be followed UNLESS the "aulaad" (substitute intermediaries) has been specifically mandated by Him (publicly via Firman or Talika, unedited by the way).

We live in interesting times, my friend, and need to be vigilant about everything. (personal search) (and any editing or sifting or any knowledge to be done by the individual and not any two-bit intermediary who may or may not have any idea of the facts. (EXAMPLE:- Ginans are devotional literature)

FROM THE LAWSUIT TRANSCRIPT:-

Are Farmans to be followed?

Mr Sachedina says that Farmans that we hear in Didars are not actually Farmans and are not to be followed. He maintains throughout his testimony that only the written edited versions sent by ITREB are actually Farmans. Later, Mr Sachedina has to admit that Farmans come from the Noor, the Light of God. Mr Bhaloo says that Talikas containing blessings are not Farmans.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section

Sachedina #301:
Cross-Examination by Mr Jiwa.
Q. ... Would you agree with me, sir, and you said this earlier, that the jamats are obligated to follow the Imam's farmans and the Constitution?
A. Just as farmans that he has authorized for release to the jamat. Not any farmans. Absolutely what he had given for the jamat, which he has authorized for the jamat, and once he is the one who approves those farmans.

Sachedina #542 - #545:
Cross-Examination by Mr Jiwa.
Q. ... My question to you was that before Mr. Tajdin started distributing these farmans, there were many farmans that were not released by ITREB to the jamat khanas -- to local ITREBs to be read; correct?
A. Because Mowlana Hazar Imam had not authorized the release of those farmans through the process.
Q. So the answer is yes to that?
A. Yes. It was not released because he did not authorize the release.
Q. So you said earlier, if I understand correctly, that the farmans become definite after they are authorized by the Imam?
A. Absolutely. That's my understanding.
Q. And that by His Highness not authorizing, he doesn't want those farmans to be followed; correct?
A. Because they are not farmans. Actually, those farmans have not been authorized or released. That means they don't become effective, and, therefore, they are no longer farmans. They are not made as farmans.

Sachedina #511 - #514:
Cross-Examination by Mr Jiwa.
Q. Now, His Highness, it appears from what you are saying, when he makes his farman, his oral farman, he comes to the jamat khana --
A. Extempore.
Q. Extempore.
--- Off-the-record discussion.
Q. And you are saying that after he approves and finalizes, then it becomes definitely farman?
A. Yes.
Q. Are jamats expected to follow the farman that he has already made, or do they wait until he has authorized the final version?
A. To me, the version that he has authorized become the farmans that are conveyed to the jamat with his authority. So even in my view, and it is my opinion, that even if you had been made aware of a farman to the jamat, the text that he releases after his review are the authorized farmans. Because they have gone the review process by the Imam himself, and he has therefore completed this where there have been -- no, he has reviewed them. If he requires anything, whatever he requires is done, and then in most cases, as I say, he goes through this process and then gets them released. So those are the only ones that are the farmans.

Sachedina #622 - #628
Cross-Examination by Mr Tajdin.
Q. It's still read in jamat khanas usually 11th of July, the day of the Imamat --
A. Yes. That's the farman of the Imam.
Q. It's a farman which is a recognized farman; right? Can you confirm to me if 'Noor' means 'the Light'? And there is a surah in the Koran, a chapter in the Koran, about the Noor?
A. Yes.
Q. Is it the same Light?
A. The Light, yes.
Q. The Light. It's the Light of God --
A. Yes.
Q. -- which guides materially and spiritually?
A. The Noor of Allah, the Noor of God.
Q. Which guides materially and --
A. Yes.
Q. And this is guided through the Imam's love that Noor is guiding us. And since we are all from the same religion, we all believe in this; right?
A. (Deponent nods head up and down).

Bhaloo #143:
Cross-Examination by Mr Tajdin. `
Q. You would accept that the talika is a written farman?
A. Sometimes the talikas are blessings, not farmans.
Q. Oh, blessings are not farmans?
A. I told you that talikas are sometimes blessings given by the Imam to the individuals, but not instructions in farmans.

I shudder when I think that sometime in future some Murid will connect all this to the Imam, since He is the one at the start of the lawsuit.

Mawla rahem kare!!!

Thank you
I am sorry, Mr. librarian, but I thought that extracting the pertinent section from the transcript would be helpful here. You care free to EDIT as you wish.

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