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Can Imam's Farman supercede the Constitution?

This is a simple question, but Mr. Bhaloo, although he has been swearing to protect the constitution for decades, refused to answer the question on the grounds that he is not a constitutional expert.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]


Sachedina #141 - #149:
Cross-Examination by Mr Jiwa.
Q. And would you also agree with me, sir, that a farman of the Imam remains valid and binding until it's superceded either by that Imam or a later Imam?
A. By any pronouncement by the Imam.
Q. Yes.
A. By even a letter to somebody or a talika or farman. He can actually any time in the way, the words of the Imam in a way, the present Imam, anything in the Constitution says his words would actually precede -- it's beyond the Constitution from that point of view.
Q. You said 'letter' by the Imam. That's known as a talika, t-a-l-i-k-a?
A. A talika is usually sent -- talika is sent to the jamat.
Q. And they're read in jamat khanas?
A. Yes.
Q. So my previous question was that all Ismailis are obligated to follow the farmans of the Imam. The latest farman supersedes the previous farman?
A. Well, the farmans can be valid according to time and context of the present Imam's farmans. They were given in a particular time, in a particular context, in particular circumstances.
Q. Yes.
A. So they remain valid for that particular jamat, and unless Imam says to them that these are my new farmans to you, then they supersede and he would say that they supersede the --
Q. And he also said that individuals can also be guided by the Imam?
A. Yes.
Q. Right? And if that individual is guided by the Imam, then that is binding on him irrespective of what he might have said in a general farman?
A. That is given to a particular individual in particular circumstances for that particular purpose. It is not applicable to everybody. It's applicable to that one individual who has sought.
Q. Who has sought?
A. Guidance.


Bhaloo #30:
Cross-Examination by Mr Jiwa.
Q. And would you agree with me that after the date of the Constitution, His Highness can make a farman, and if there is an inconsistency with this farman and the Constitution, the farman prevails?
A. I'm not sure about that.


Bhaloo #127- #128:
Cross-Examination by Mr Jiwa.
Q. Can you read that to me, loud voice please?
A. 1.6: 'The Constitution, and in the event of conflict the Constitution...'
Q. From the title. And read it slowly so she can type.
A. Okay. 'These Rules and Regulations shall be read with '(a) the Constitution, and in the event of conflict the Constitution shall prevail; and '(b) any Farman made after the date hereof, and in event of conflict the said Farman shall prevail, and a later Farman shall prevail over an earlier.'


Bhaloo #133:
Cross-Examination by Mr Jiwa.
Q. Okay. You have read the Constitution. We have just read article 1.6. In your understanding, does it say that a farman which is made after the Constitution will supersede any article of the Constitution if there is a conflict?
A. I am not sure about that. I'm not an constitutional expert.


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