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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

Letter to S Sachedina

As received. His Highness the Aga Khan wishes and advocates dialogue. Shafik Sachedina is doing the opposite.

To: Mansoorali noorani; Mr Shafik Sachedina; Amin Mawji; Farhad Daftary; Noordin Nanji

Thank you.The following is a summary of your suggestions to Shafik Sachedina. He says he is interested in his email to you. Which of these has shafik implemented. Shafik can you let us have your views on these, and the 9 needs/goals below. (Mansoorali is agreeing with most of them too)

Your suggestions to Shafik

1. Dua timings - these are changed in india every two to three months - you suggest they must be fixed. In UK they are fixed.

2. On many days either ginans or Farman is recited in India. Not both. You suggested both to be recited every day. In UK and Canada etc both are recited every day.

3. Only 2 or 3 verses of Ginans are recited in india many more need to be recited and especially on special days. This is sadly the case everywhere. But in UK in last six months I have seen a change. Especially in morning too.

4. More Jamat can should and will get opportunity for varas. The person giving vara you say is different in morning and different in evening. You feel they should be the same and they should coordinate.

5. Dua and Ginans are speeded up many times because of the time limits given by ITREB. More time should be allowed and these should never be speeded up. This does not happen in UK

6. Many Jamat come early to JK. During this time waezs and ginan cassettes should be played for them. Most simply chat and socialise instead.

7. On Friday after JK there should be Waez or cassettes for about 20 minutes for the Jamat. Farmans esp. MSMS.

8. History of Imam and Pirs should be read in JK at least once a week. This is never done in india.,

9. Copies of the announcements they read in JK are not given to jamat. There should be a notice board for men and women on which all information and announcements are available to the Jamat. Most do not gone to jk regularly and this will hel Jamat know and participate and contribute.

10. It is a known fact the our constitution and farmans so are not given to the Jamat. These should be given as Imam says in Farmans. And as Shafik Sachedina said in court. he says Farmans are available in all JK to read even in remote locations. That is not true

12. Most Jamat are not aware of all our institutions and who are on the boards and senior management. This should be available to all the jamats. In UK you have a directory of Jamats qbut does not include ALL our institutions and entities in UK or globally. This should be available

13. Leaders arrogance and using the position for their own personal interests " no office bearers should make jamats feel as if , he or she is giving any right of jamats , to jamats , from , his or her own pockets , but , feel himself or herself , obliged to MHI , that , He has given him or her , a chance to serve " the needs and concerns of the Jamat. Hence we need more accountability transparency and effective oversight

14. Leaders must ensure that our Tariquah and faith is taught and understood by the Jamat. They must not assume that because they know, that the Jamat also knows and does not need to be taught. Hazar Imam and ITREB mandate says this and so does IIS

9 Common Needs-Goals globally

1. Farmans not to be blocked and copies of all Farmans to be given to all murids (with annotations given be Imams)
2. Our full constitution not to be blocked, and copies to be given freely to all murids including all the rules and regulations of all the Jamats entities including Imamat (the institution), DJI, DDA etc.
3. Material and research on all our rites, ceremonies and practices to be given and teaching them so that a full understanding is imparted to our children at Bait Ul Ilm's and to the Jamat (by Waezeens, ITREBS & IIS
4. Copies of all the Jamats annual and 3 year, OSB reports, and ETR to be given to the Jamat (for each of the Jamats constitutional entities)
5. Independent oversight to be activated based on our constitution & Farmans. Therefore all complaints (especially against all leaders) are entertained , investigated and adjudicated impartially and quickly. Where necessary and if not resolved within 6 months the case and parties are presented direct to and before Hazar Imam. (This includes for example Karima's case, the lawsuit against Nagib and Alnaz, evidence of forgeries submitted to ICAB and NCAB by Nagib, complaints against Shafik, and M Keshavjee, case and complaints by Mansoorali). Regarding the lawsuit and the case of Karima. Hazar Imam be requested to meet them with the leaders involved for specific guidance and blessings.
6. More accountability transparency and meritocracy. Therefore for example in every project all Ismailis are given priority in the opportunities available and in maximising the benefit to all Ismailis. (For example in East Africa the Jamats investment and commercial opportunities are in excess of $2 billion. Yet those who are benefitting are non Ismailis and a select few and their cronies (who are the same in the last 15 years). I can name many more in India, Lindon, pakistan, Afghanistan and others).
7. ITREB and Huzur to give copies of Farmans and talikas of changes they have made in the last 10 years. for example stopping siro sukreet in some and selected JK's in UK. And to give copies of Farmans when there are any changes in our religious Tariqah (rites practices and ceremonies).
8. More and sincere Proactive efforts for integration and unity within the different traditions in the Jamat generally and specifically.
9. Books on our Tariquah to be published as directed specifically by Hazar Imam over 10 years ago. e.g Books by N N Hunzia

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