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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

Hoodwinging His Hghness the Aga Khan.....

Mr Dharamsey-GIM who said he was working closely with Shafik Sachedina and filed a false claim against Nagib Tajdin. He now says Shafik and Others are hoodwinking Hazar Imam " Mawlana Hazar Imam has and is still being hoodwinked by these scumbags, scoundrels, selfish, sadistic and sinful ones, and The Imam of The Time really does NOT know what is going on! " email below.
He claims that his organisation GIM is the "VOICE OF DEVOUT ISMAILI MURIDS (OVER 52200 WORLDWIDE..)...

As Received Sent: 11 January 2015 09:14
To: 'Ismaili Council President UK, Shafik Sachedina Head of DJI -ITREBS-IIS-AKDN'

Thanks. Notwithstanding harassment, intimidation, deaths threats & false damaging allegations before against specific Ismailis, including the Noorani Family, & our community. Remember his efforts to try to get address of Zina and what he said. ( please evidence in the complaints against him)

In this latest email, Mr Dharmsey is making more false allegations. He is saying in his opinion our Mukhi and Kamadia are;

1 Scoundrels - a person, who treats other people very badly and has no moral principles:
2 Scumbags - A person regarded as despicable.
3 Selfish - Concerned chiefly or excessively with oneself, and having little regard for others:
4 Sadistic - derive sexual gratification from inflicting pain or emotional abuse on others. Or pleasure from Extreme cruelty.
5 Sinful - Marked by or full of sin; wicked:
• Dharmsey is making these false allegations, in an open email to “anonymity assured” which he knows and or circulates widely to Ismailis, and non Ismailis.
• Knowing Mukhis represent and are in the place of Hazar Imam. He is therefore showing no respect from Hazar Imam.

Dharamsey adds he has reported Mukhi Salim Janmohammed to the Police. This is based on his False and fabricated allegations. I was there and am aware. Dharamsey was not invited to this function. He was in the lobby with a menu he got from someone. Mukhi with a head of Volunteers asked him not to attend and if he tried he will be removed and the police will be involved. He left making threats. If he has filed a report he should have a crime reference. This is purely to intimidate and harass Mukhi and esp. all the others he sends a copies of his emails to.

Regarding Shafik Sachedina. A Dharamsey says he works closely with SS and DJI. He is now saying in this email that Shafik Sachedina is hoodwinking Hazar Imam. He seems to have fallen out with Shafik and is he telling the truth ? .
• He says “ Mawlana Hazar Imam has and is still being hoodwinked by these scumbags, scoundrels, selfish, sadistic and sinful ones, and The Imam of The Time really does NOT know what is going on! “ Mukhis are not. They send their feedback to Council/ITREB/Huzur (see chart below)

Regarding budgets. The money we know MHI gives back and is the Jamats money. See chart below. So whether they use CFR, Mukhis, AKF, it is coming from and for the Jamat. We know they are not accountable, and AJD has been working closely behind the scenes with SS and Co. He was also invited and addressed the National Council. S Kabani said to me this is what SS had said, and that this is what MHI wanted in terms of transparency and accountability. It seems in the last 6 months, they are not seemingly supporting him.

I can go on and on regarding Dharamsey. I hope there will be a hearing soon, and he will have an opportunity to respond formally and with facts (not false and fabricated allegations or threats and intimidation/harrassment)

Leaders including Shafik should pick up the phone and meet to resolve the specific issues as Imam has said, including for example the Lawsuit, giving Farmans, and our full constitution to the Jamat and teaching our Tariquah in Jk and at BUI etc.

From: GIM eForum
Date: 24 December 2014 22:41:47 GMT
To: NWJK Mukhisaheb Hadi Rajabali , NWJK Kamadiasaheb Zahir Mukhi
Subject: North West Jamat Khana - Evening Opening Times & Other Matters
Ya 'Ali Madad

FOR YOUR INFORMATION
---------- Forwarded message ----------
From: GIM eForum
Date: 24 December 2014 at 20:12
Subject: Re: North West Jamat Khana - Evening Opening Times & Other Matters
To: Anonymity Assured
Ya 'Ali Madad

I was rather impressed at the way you tried to articulate your arguments in respect of some of the points raised in the eForum communique.

However against your comments, I have received 34 messages from others to date that have set out their anxiety, disappointment and anger, at the way the hierarchy is behaving towards the Jamat. In my humble and consideration opinion, after the extension and refurbishment was nearly completed, there should have been a dialogue or discussion to address various existing problems before the Jamat Khana was put back into full use !

By restricting entry the way it is been proposed, the problem will not recede - some elderly, frail or vulnerable person could and will easily get injured in the melee! If Aly Janmohamed - in charge of managing the Jamat Khana was caring and conscientious, he could have bothered to check out the systems in operation around Canada. In doing so, he would have gathered that those requiring assistance to sit on a chair (inside the Prayer Hall in particular) are given a numbered tag, before they enter or went up the stairs into the Prayer Hall. After Tasbih, these tags are collected by designated Volunteers for use on the next occasion!

Even my 93 year old beloved mum who only started sitting on the chair early this year, after falling over while waiting for lift to attend Bait ul Khaya'l last November mentioned that, it was a fairer system as women in Downtown Vancouver JK used to 'capitalise' on more chairs for their friends and relatives! By the way, we have not had the 4th Bait ul Khaya'l Satado in the UK in November since 1992, and the idiots at ITREB UK (Ask Bashir Ladha) have decided not to re-establish it, as Mawla would need to know why this had been discontinued! Who did Mawla say was in charge of Tariqah Matters?

With respect, your remark drawing similarity between someone waiting for a bus in the cold and a murid wanting access to prayer house is silly and annoying. To that end, don't get me going regarding the finances because Shafik Sachedina petitioned Mawla in 1994 (10 years after the opening of Ismaili Centre), to let the Jamat cover the expenses of running the Ismaili Centre and other Jamat Khanas within the UK Jurisdiction, hence the setting up of CFR!

Our hierarchy has never had any sense of being thrifty! Having set out their annual financial requirements under the so called O & S (Objectives and Strategy), which are not even properly checked and/or audited by the 'independent' Grants & Review Board for final approval and submission to the Secretariat, the various Jama'ti Institutions end up squandering their oversized material resources!

However, my decision to write to the AKF UK National Committee was because they own the freehold, and there are certain duties, responsibilities and obligations that have to be fulfilled, before any religious centre is granted and may retain its charitable status. Among these are making the prayer hall accessible to our community for prayers and contemplation at all times and the social facilities made available for their communal activities (not happening!) to other denominations within the area as well!

Warm regards and best wishes

Abdulla Jan Dharamsey
Hon Chair: Global Ismaili Muslim (GIM) eForum - The Voice of the Devout Ismaili Murids
(Over 52,200 Worldwide Ismaili Email Recipients at 30 November 2014)
London, UK

PS: Are you aware that at UK Darkhana, Uniformed Volunteers are not allowed to touch the Kaasaaji from Aab e Shaf'a Paat, since one of them walked away with the money bag over 4 years ago? How shameful is that? I stopped doing Na'ndi some while ago after gathering that certain Uniformed Volunteers were not describing the contents in the trays and/or not mentioning that they were also bidding! Over 12 years ago, I called the then 6 culprits 'Kaasaaji Robbers,' after they had been identified and reported by their own Officers to the incumbent Darkhana Mukhisaheb Amir Janmohamed, and the sleaze bags threatened to beat me up!

PPS: During Ramadan 2014, I filed an official complaint against Salim Janmohamed - the Jama'ti Mukhi for West London JK (Aly and Amir's youngest brother!) with the Metropolitan Police because, after enquiring why I had come to WLJK, he asked me to leave the compound before the 'invited' guests started arriving for the so called 'BIG IFTA'R! With Salim's knowledge or otherwise, Mr Blobby aka Communities Secretary Eric Pickles MP was given a 'Guard of Honour' by our Uniformed Volunteers, despite arriving after Iftar Time! For the record, I had neither said anything nor antagonised anybody, and was busy engaged in conversation with Salim Hasham - the WLJK INC Captain!

PPPS: The sad part is that in worldly sense, Mawlana Hazar Imam has and is still being hoodwinked by these scumbags, scoundrels, selfish, sadistic and sinful ones, and The Imam of The Time really does NOT know what is going on! Almighty Allah will be merciless to their souls for the betrayal of Trust in The Manifest Imam!

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