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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 Aga Khan UK President UK and ITREB

Imams, teachings, guidances and interpretations of the Quran are for sharing. Imams give guidance/Farmans for disemination. Shafik Schedin and Co, are not doing what Imams and the Present Imam has said.

Letter dated 26 October 2015 as received

U.K. Council & ITREB explained the following in JK and also read some excerpts of Farmans (copies are not given, even to those who were not able to come to JK) - Summary - Role of our Imams of the time as Interpreters of our Faith(Quran)

1. Imam's role is to interpret and to teach the Quran

2. Imams role is a continuation of the teachings of Prophet Mohammed PBUH. The message of Allah ( Quran), and its teachings were for all mankind. (Not all believed then or believe today). Therefore the continuity of Interpretations and teaching of Quran by Imams of the time are also for all mankind.

3. Quran is relevant for all time and every time

4. Imam is the sole authority to interpret our faith/Quran, which is din (religious life ) as well as dunya (worldly life). Both are an integral part of our faith.

5. Imam interprets and teaches by making Farmans which Imam says we must have to read, listen, understand and share with our families & spiritual brothers and sisters.

Please let me know, if the above is incorrect with copies of the above/farmans. more below…….

1 The Ismaili constitution is a “Farman”, as defined by Hazar Imam in the constitution. (“Any pronouncement, direction, order or ruling made or given by Mawlana Hazar Imam). Hazar Imam also confirms Imams’ divine authority “...to continue the Ta'wil and Ta'lim of Allah's final message and to guide the murids*..”
a. Talim is to impart knowledge, interpretation and understanding of the final message of Allah to mankind (Quran). Talim is defined by Hazar Imam in the constitution as “Teaching”)
b. Tawil is to impart knowledge and understanding of the inner meaning of the Quran Ta’wil is defined by the Institute of Ismaili Studies as - “The elucidation of the inner or esoteric meaning, batin , from the literal wording or apparent meaning of a text, ritual or religious prescription.” Tawil is defined by Hazar Imam in the constitution as “Interpretation”
I. The Quran is for all mankind.
1. Therefore the continuity of Tawil and Talim of the final message is also for all mankind.
II. Imam continues the Tawil and Talim, in Farmans.
1. A Farman is defined by Hazar Imam in the constitution as "Any pronouncement, direction, order or ruling made or given by Mawlana Hazar Imam.”
a. Farmans made or given by Imam are for Din and also for Dunya.
b. Farmans made and given by Imam are esoteric (Zahir) and exoteric (Batin)
c. Farmans made or given by Imam are also for Material and for spiritual benefit
d. Farmans made or given by Imam include, the constitution, governance, Mehmanis, Ginans, letters, speeches, statements, announcements, talikas, writings, interviews, and any and all directions given by Hazar Imam ( in all forms without limitations). Hidayah is defined in the constitution by Hazar Imam as “guidance from Imam of the time”
e. Farman is defined by Hazar Imam as “Any pronouncement, direction, order or ruling made or given by Mawlana Hazar Imam.”
III. The very essence of Ismailism is a living Imam to give and continue the guidance, through Farmans (Imam gives the Tawil and Talim of Allah’s final message – The Quran )
1. Ismailism cannot exist without Farmans and Hazar Imam.
2. Therefore Imam gives guidance and does not block guidance.
IV. Continuity of the tawil and talim of the Quran is by divine authority and additionally Imam says in the constitution Imam is also there to “..Guide the murids..”.
V. Every murid is equal in the eyes of Imam. Imams Tawil and Talim of the Quran is therefore for all Murids. “….you should remember that as far as I am concerned, every spiritual child is equal to every other spiritual child and it does not matter whether you are the President of the Council or whether you are a little tiny child in school. For me every spiritual child is equal,.” (farman)
a. Therefore Farmans and the constitution are made by Imam for, and to be given to all murids for them to continue to get and benefit from the Tawil and the Talim of the final message of Allah (Quran), materially and spiritually.
b. *Murid are defined by Imam as “Follower” who has given allegiance (Bayah), to Imam of the time.
c. Divine authority confirmed by our institution and IIS
d. Quote of the Week “The Shi‘a doctrine of the Imamate… was founded on the belief in the permanent need for a divinely guided Imam who, after the Prophet Muhammad [peace be upon him and his family], would act as an authoritative teacher and a spiritual guide for humankind… After Imam ‘Ali, the Imamate was transmitted from father to son by nass [designation], among the descendants of Imam ‘Ali and Fatima; after Imam Husayn, it would continue in the line of his descendants until the end of time.” From “What is Shi‘a Islam?” by Prof. Azim Nanji and Dr. Farhad Daftary Source: http://iis.ac.uk/view_article.asp?ContentID=108482 http://iicanada.org/national/tue-2014-12-16-2322-al-akhbar
2 Hazar Imam says in the constitution that the constitution must be read with Farmans. The constitution is a public document
a. Therefore Hazar Imam is saying that Farmans are a part of the constitution and
b. Farmans must be given with the constitution, to all murids to read, understand, follow and implement the constitution & Farmans.
c. MHI: This Constitution shall be read with any Farman made after the date hereof, and in the event of conflict, the said Farman shall prevail over this Constitution, and a later Farman shall prevail over an earlier
d. MHI : "What I am seeking, therefore, from the leaders of the Jamat in Pakistan and in the Northern Areas, is that you make this new Constitution and the rules and regulations that go with it, your means of leadership, of governance, of direction to the Jamat so that this Constitution, this new Constitution becomes an **enabling document.**" (Emphasis added) Saturday, November 21, 1987

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