Ismaili.NET - Heritage F.I.E.L.D.Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29
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
| Attachment | Size |
|---|---|
| Tajdin Defence Apr 29.10.pdf | 491.02 KB |
| Jiwa AK Defence Apr 29.10.pdf | 543.82 KB |
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Comments
Constitution MUST BE DEFENDED !
The follwoing is a post and a response which the editor of that Website has not printed and so the readers will NOT get a balanced view "
" Posted on May 24, 2010 at 10:21 AM by Soulmate
Bloglaw: You ask, “What has Alnaz done in the publication of the Book?” To answer your question, I do not know what he has done with respect to the the publication of the book, but, in his own statement of defense he has confessed that he has circulated the book. Accordingly, in my opinion, he will be found liable under the copyright law.
As you must also be aware there is also another law for Ismailis, the Holy Constitution, that all Ismailis are required to abide by. What does the Holy Constitution specify with respect to Alnaz’s involvement?
According to the Holy Constitution:
1. Each and every “Ismaili” must comply with the Constitution of the Shia Imami Ismaili Muslims (hereinafter “Holy Constitution”). Article 14.1 (c), (d) and (f) read,
“Any Ismaili shall be liable to disciplinary action who:
(c) Without the permission in writing of the National Council obtained through the Regional Council within whose jurisdiction he resides, prints, publishes, or circulates ANY material or makes any statement or convenes a meeting or assembly purporting to be on behalf of or in the name of or relating to Mawlana Hazar Imam, the Ismaili Tariqah, the Jamat, any Council or any other Ismaili institution;
(d) conducts himself in a manner likely to offend the religious sentiments of the Jamat, or to cause a disaffection in the Jamat, or to create disturbance or nuisance in any Jamatkhana or any assembly of the Jamat, or acts in any other manner prejudicial to the dignity or prestige of the Jamat;
(f) commits a breach of this Constitution or any Rules and Regulations or aids and abets any person to contravene any provision of this Constitution or any Rules and Regulations.
2. The Holy Constitution Article 14.2 reads,
“Proceedings for disciplinary action against any Ismaili shall be commenced upon a complaint lodged by:(a) any member of a Council authorized in that behalf by the Council; or (b) any Ismaili.”
Accordingly, the Holy Constitution permits “any Ismaili” to commence disciplinary action.
So Bloglaw, just on the basis of the Holy Constitution and Alnaz’s confession that he has circulated the book, would you now be willing, as an Ismaili, to defend the Holy Constitution instead of defending the alleged illegal activities of Alnaz Jiwa and Nagib Tajdin?
REPLY BY BLOGLAW
Posted on May 24, 2010 at 11:25 PM
Thank you Soulmate !.
All leaders should and I certainly would follow and defend the constitution. In this case the constitution allows first for a disciplinary action and process. So what was the disciplinary action taken against Nagib and Alnaz before the lawsuit was filed.
There are rules and a process for disciplinary action in the constitution and of appeals against any decision. lso there is an Arbitration and conciliation processes in the constitution. This includes the authority & process to expel.Was that followed and why that has that not been pleaded ?
Ismaili’s are an example in Canada and internationally in their Arbitration process policies and rules.
• The Leaders including the LIF, are also entrusted with additional responsibilities in the constitution. Did they follow them in this case including but not limited to
the LIF announcement and
maintain and foster the unity of Ismailis and to preserve, protect and strengthen the Islamic social an cultural heritage;
serve the needs of the jamat to enable it to make an effective contribution to the development of the societies in which it lives;
make available to the jamat and the public at large, information relating to the role and contribution of the institutions of the Imamat and the jamat towards development in various regions of the world;
strengthen the jamat and its institutions;
And regarding Alnaz’s confession I would want to be satisfied it was his confession. and I would also want to have all the facts and information which we do not have so far. We should not prempt or pre judge. Imam does not wish us to do so.
Farmans are not mentioned in the constitution but Guidance is amd by implication Farmans. Divinity is affirmed. in the constitution too in the first part of the constitution
(A) The Shia Imami Ismaili Muslims affirm the Shahadah ‘La- ilaha illallih, Muhammadur Rasulu-llah’. the Tawhid therein and that the Holy Prophet Muhammad (Salla-llahu alayhi wa-sallam) is the last and final Prophet of Allah. Islam, as revealed in the Holy Quran, is the final message of Allah to mankind, and is universal and eternal. The Holy Prophet (S.A.S.) THROUGH THE DIVINE REVELATION FROM ALLAH prescribed rules governing spiritual and temporal matters.
(B) In accordance with Shia doctrine, tradition, and interpretation of history, the Holy Prophet (S.A.S.) DESIGNATED and APPOINTED his cousin and son-in-law Hazrat Mawlana Ali Amiru-l-Mu’minin (Alayhi-s-salam), to be the first ImamTO CONTINUE THE TAWIL AND TALIM OF ALLAH'S final message AND TO GUIDE THE MURIDS and proclaimed that the Imamat should continue by heredity through Hazrat Mawlana Ali (A.S.) and his daughter Hazrat Bibi Fatimat-az-Zahra, Khatun-i-Jannat Alayha-s-salam).
(D) The authority of the Imam in the Ismaili Tariqah is testified by Bay’ah by the murid to the Imam which is the act of acceptance by the murid of the permanent spiritual bond between the Imam and the murid. This allegiance unites all Ismaili Muslims worldwide in their loyalty, devotion and obedience to the Imam within the Islamic concept of universal brotherhood. It is distinct from the allegiance of the individual murid to his land of abode,
(E) From the time of the Imamat of Hazrat Mawlana Ali (A.S.), the Imams of the Ismaili Muslims have ruled over territories and peoples in various areas of the world at different periods of history and, in accordance with the needs of the time, have given rules of conduct and constitutions in conformity with the Islamic concepts of UNITY, BROTHERHOOD,JUSTICE, TOLERANCE, AND GOODWILLl".