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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

Blaming Ismailis

I don’t think it is particularly fair for you to say that this situation will somehow “modernize and liberate the Khojas from their medieval beliefs.” Show me one community in this world that does not have a past, a culture, a foundation upon which it was built.

And who to you, may I ask, is considered modernized or liberated? Would you consider the Christians as modernized for celebrating the birthday of a man who died 2000 years ago? Do you feel these Christians are liberated when in fact they are waiting for the return of a savior that will bring about an apocalypse?

Khojas are one of the most liberated and modernized people that exist. Ismailis in general are very forward thinking because their entire upbringing is based on the acceptance of balance between that which is material and that which is spiritual. That is certainly a concept the Western world lags behind in, and this in turn is the cause of much confusion between science and religion.

Don’t confuse the issue of Salim Damji and the Ismaili faith. Those are two totally separate issues. In this case, Salim Damji abused the trust that existed within his community. One can say that these Ismailis should have looked into obtaining proper documentation before investing. That was their fault. On the other hand, they truly trusted the people whom they were dealing with. It was Salim Damji who broke that trust. In a Mafia, for example, there would be a contract taken out on you if you were to betray an oath of silence. Khoja’s are not killers, but any community would be upset if this were to happen between its members.

Religion has nothing to do with Colgate. Aiglemont has nothing to do with where people chose to invest their money. The Catholic Church is not going to run around and interfere with the affairs of every private enterprise. What happened between Salim Damji and these individual investors is a private affair. Aiglemont is not in the protection business; it may sympathize or provide advice to the community, but it is not responsible for people’s actions. You are saying that Aiglemont blamed the victims of this case and labeled them as greedy. Since you quoted “greedy,” show me one statement coming from Aiglemont that casts blame or labels the victims as greedy.

You want Aiglemont to punish someone for a crime? That is not their job. That is the job for the law of the land. However, if there are disputes within the community, then instead of spawning tremendous financial losses by either of the parties involved, the best solution would be to mediate and solve the issue through dialogue and understanding. Let’s take an example.

In 1972, many Ugandan Ismailis underwent a crisis in which their businesses, property, and financial holdings were confiscated and they were given very little time leave their own country. In the midst of that crisis, many Ismailis were faced with fear and outrage. They had nowhere to go. To be kicked out of the country, from which they were born, was very difficult to bear. As with many humanitarian situations, these Ismailis panicked and started to point fingers. Who was the first to blame? Aiglemont, in other words the Imam of the time. Rumors began to circulate quickly that the Imam is doing nothing for this crisis and that he is responsible for their circumstances. They blamed him for bringing their forefathers to Africa only to be punished and left penniless.

Many Ismailis took to the streets with the Imam’s photographs, throwing them to the floor and stepping on them. They spit on the pictures and cursed the Imam for having caused this problem. What did the Imam do in response?

Despite all their blames and despite the fact that this was a political affair, Hazer Imam responded extremely well. He quickly sent airplanes, with his own expenses, to airlift each and every Ismaili out of Uganda and into safer territories. Remember, Idi Amin’s campaign was not only targeting Ismails but all Asians. Many Hindus and non-Ismailis were in a similar situation and they pleaded for the Aga Khan to allow them to board the same planes as his followers. Without any discrimination, these planes allowed non-Ismailis to also board the planes towards safety.

On April 22nd, 1992, Hazer Imam made a farman in Kampala, in which he mentioned the crisis that happened 20 years before. As he was recalling how the jamat has returned to Uganda once again, practicing as it should be, there was moment when he broke down emotionally. That emotion occurred because he saw that people were back in the very place that they had left many years before. But what occurred at that time is more emotional for him, because despite the fact that many Ismailis cursed the Imam for having this situation upon them, the Imam loved them and airlifted them to safety.

One should recall that was not Hazer Imam’s fault that these Ismailis were kicked out of Uganda. It was not even his job to dwindle in political affairs. He did it because he loved the Jamat. Every moment of my life I wonder why that is the case, but it seems he does have tremendous affection for his “spiritual” children.

Nobody thanked Hazer Imam for the airplanes. Nobody thanked him for providing first rate schools to educate Ismailis so when a crisis like this occurred they would be prepared to adapt to a new country. Nobody recalled that he warned Ismailis not to treat black African citizens as slaves, or second class citizens. Nobody recalls that he warned Ugandan Ismailis in 1970 not to make a show of their material wealth, as that could cause “ill-feeling,” “jealousy,” or “envy” in other people.

Idi Amin was not a psychopath. He was overly attached to Uganda and his people. He was upset, as many ethnic Ugandans were that Asians were taking over the economy. Ethnic black Ugandans were treated like second class citizens in their own country. Hazer Imam warned them to include black Ugandans in business, in trade, and to allow them to feel like equals. Unfortunately, many Ismailis prospered, but to the expense of making black Ugandans as slaves. Hazer Imam didn’t like Ismailis to behave in this manner, but nobody listened. Then when a crisis came, Ismailis blamed Hazer Imam and said it was his fault. The crisis in Uganda was not the Imam’s fault. It was the fault of the Ismailis themselves.

While mentioning the Colgate scandal, you’re talked about an “official line” that states “Mowla will punish them through his divine powers.” What are you talking about? Stop and think before you make such quotes because there is no such verbiage in any “official” statement. If some individual said this then people are entitled to their own comments. No such statement is to be taken seriously.

The bottom line is, don’t blame Aiglemont and characterize Khojas as being stuck in medieval times. No Khoja, nor any Ismaili for that matter, is stuck in time and if you do your research you will come to understand that the Ismaili way is very compatible with other communities.


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