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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


Letter sent to Shafik

Letter sent to Shafik Sachedina and Aga Khan Boards of LIF and ICAB,

RE AKFED Meidiana losses over $400m.. CEO resigns and is under investigation, he was Director of AKFED aviation, .... employees protest , office raided....

AKFED and AKDN constitutional companies of cothe Ismaili mmunity. They are therefore also governed under our constitution. Can you please clarify the news and if an internal investigation is under way,and under our constitutional rules, policies and processes. Please share copies of these.

As you know the present Chairs of ICAB or GRB and NCABS, do not investigate, especially those appointed to manage and control our constitutional entities.

You and they have so far refused to give the “full” Ismaili constitution, to members of our community.
I look forward to your response and clarification.


“..The Board of Directors of Meridiana fly named Board Member Roberto Scaramella, who is also the Aviation Director of AKFED, as the new CEO. A similar resolution has also been passed by the Board of Directors of Air Italy..”

(WAPA) - The destiny of Meridiana fly not be a reorganization, but closure or sale.

Meridiana (IG, Olbia) parent firm, Meridiana SpA, will resume operating under its previous name, Alisarda SpA, with effect from December 17 owner the Aga Khan Fund for Economic Development (AKFED) has announced.

According to the ItaliaVola blog, the change will distinguish the holding firm from its other subsidiaries which incorporate the name "Meridiana" into their title - Meridiana fly in particular.

Meanwhile, three former Meridiana CEOs - Massimo Chieli, Giuseppe Gentile, and Roberto Scaramella - have been placed under investigation by Sardinian authorities in connection with the carrier's ongoing, if controversial, restructuring programme.

Italy's ANSA news wire says on the instruction of the General Attorney of Tempio, Domenico Fiordalisi, the Guardia di Finanza last week raided the offices of Meridiana, Meridiana fly, and Air Italy.

A group of employees, understood to be among the 1'600 employees slated to be laid off as part of cost cutting measures, accuse the three CEOs of serious financial misconduct prejudicial to the airlines' operations. They claim the airline was financially stable enough to acquire Air Italy, an Italian charter airline, in October 2011 despite claiming to the Italian Finance Ministry and pension service that Meridiana was in a state of financial distress.

Of the three, Massimo Chieli was CEO until July 2011, while Giuseppe Gentile, who is also a co-founder of Air Italy, was head until early 2013 when he handed over to Roberto Scaramella, who himself resigned three weeks ago. Also under investigation is Meridiana SpA holding company president Marco Rigotti.

(WAPA) - The destiny of Meridiana might not be a reorganization, but closure or sale. The airline’s CEO Roberto Scaramella resigned yesterday from his position during an extraordinary board meeting. Meridiana gave the news in the evening, saying the decision was due to “Personal reasons”.

Scaramella asked for a million of Euros recapitalization. To replace him, the board of directors did not appoint a new CEO, but an “Executive vice chairman”, the Irish Richard W. Creagh, and two advisors, Colin Smith and Fabian Bachrach.

According to AVIONEWS’ sources the three new managers have been assigned yesterday to carry out the closure or the sale of Meridiana, instead. This report, if proven true, would throw new light upon the refusal by the carrier’s main investor (AKFED), to spend more money.
The board of directors has also assigned two new accountable managers for Meridiana fly and Air Italy: Ivano Pippobello and Domenico Mazza. President Marco Rigottiwas confirmed.
The changes in the management come right in the middle of negotiations with the trade unions. The company and the workers’ representatives discussed yesterday about the maintenance sector, while today are dealing with the situation of pilots and cabin crew. (Avionews)

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