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Contradiction: Drafting of the February 18th letter purportedly by the Imam

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Mr Sachedina told Mr Jiwa that the Imam showed Mr Sachedina a draft of the second letter before signing it. Mr Sachedina told Mr. Tajdin that the Imam was away travelling when he drafted the second letter.

[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

Are Ginans to be followed?

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Mr. Sachedina maintains that Ginans are just devotional poetry and are not meant to be followed.

[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

Did Sachedina convey to Imam that some of the points in the forged letter needed clarification?

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Mr Sachedina did not convey to the Imam that Mr Tajdin had responded to the first letter with a request for clarifications.

[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

Are Previous Imams' Farmans to be Followed?

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Mr Sachedina maintains that he does not follow Farmans of previous Imams.

[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

Has an Official Farman Book Publication Been Approved?

in

LIF's announcement in January 16, 2010, informed the jamats as follows: 'The Jamat will be pleased to be informed that Mawlana Hazar Imam has already approved that the Jamati institutions should formally publish a volume containing the approved text of his farmans, including those made for the Golden Jubilee.'
Is this announcement accurate? Mr Sachedina cannot pinpoint whether or when the approval for this official Farman book was given, and does not indicate that any work is under way to produce an official Farman book.

2010-04-06 STATEMENT OF CLAIM is Filed

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A Lawsuit Action was filed on April 06, 2010 in the name of the Aga Khan, against two defendants Nagib Tajdin and Alnaz Jiwa for having infringed the Aga Khan's Copyright by Publishing and Distributing the Farman Book 'Kalam-e Imam-e Zaman, Golden Edition, Farmans 1957-2010'

For the first time in history, an Ismaili Imam was allegedly taking His spiritual child to court.
The Following News Event contains a link to the PDF file of the Statement of Claim of the Plaintiff:

Lawsuit Allegedly by Aga Khan Against His Own - 2010-04-12

Over 80% of ismailis have NO access to Farmans.

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Mr Sachedina helps to establish that despite there being a few thousand Jamatkhanas, the circumstances of the worldwide ismaili Jamat are such that over 80% of ismailis do not have access to Jamatkhanas or to Farmans.

[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

2010-04-29 STATEMENT OF DEFENSE is Filed

in

Suspiciously, there had been no prior institutional effort to peacefully stop the endeavor, no action in the Ismaili Arbitration board, and no communication by the Imam on the matter, although the Kalam-e Imam-e Zaman series of Farman books and the defendants' circulation of Farmans started in the early 1990's.
There had been a telephone threat in January 2010 to Nagib Tajdin that his reputation in the Ismaili Community will be ruined if he does not withdraw the publication or if he maintains his accusation of forgery of Imam's signature.

Does Imam Think in French and Speak in English?

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Mr Sachedina admits twice to saying that the Imam thinks in French and speaks in English.

[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

2010-05-25 REPLY to the Defense is Filed by Plaintiff

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The Reply by the Usurper Plaintiff confirmed the defendants' suspicions as it further undermined the principles of Ismaili Faith and destroyed the significance of the Mehmani ceremony as well as of the privileged relation between the Murid and his Imam.

Two of the main points of the reply were that The Imam "edits" His farmans and He did not consented to the publication of Farman books at the 1992 Mehmani

Health and Age of the Imam - Gray Keeps bringing this up.

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Mr Gray tried to establish that the Imam is aging and in bad health. It was refuted by everyone.

[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

2010-06-16 Summary Judgement MOTION to Dismiss Filed by Defendants

in

In order to minimize harmful publicity to the Jamat, to the Imam and to all parties, the defendants filed a Motion to Dismiss the case based on the fact that the Imam did not Himself issue the Statement of Claim.

They then filed Revised Factums for their Motion and Reply

Copyright Lawsuit: Read the MOTION for Dismissal by Defendants Here - 2010-06-24

Did Sachedina and Bhaloo discuss their Affidavits with the Imam?

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Bhaloo and Sachedina did not discuss their Affidavits with the Imam.

[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

2010-06-28 Summary Judgement MOTION Filed by Plaintiff

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The Plaintiff Party then decided to file their own Motion for Summary Judgement which relied on evidence from 4 people: Shafik Sachedina, Aziz Bhaloo, Mr Gleason, Ms Coleman.

Since according to Copyright Law, the right to publish or the revocation of the right to publish Farmans can only come from the Imam Himself, it is significant that no Affidavit from the Imam was presented as evidence.

They then filed a Revised Factum for their Motion and Reply

Did the Imam ask Sachedina and Bhaloo to be His witnesses in this case?

in

Mr. Sachedina is the one who asked Mr Bhaloo to be a witness. No word on who decided that Mr Sachedina should be a witness.

[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

2010-07-02 Summary Judgement Motion REPLY Filed by Plaintiff

in

According to court rules, the Plaintiff Party presented a Reply to the Defendants' Motion for Summary Judgement, and this reply relied on the same 4 Affidavits as in the Plaintiff's Motion for Summary Judgement.

They then filed a Revised Factum for their Motion and Reply

Initiation of the Lawsuit

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Sachedina says that only 2 people were involved in the issuing of the Statement Of Claim: Sachedina and Manji. Sachedina has a hard time pinpointing when the Imam gave the go-ahead to proceed with the Statement of Claim.

[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

2010-07-16 Summary Judgement Motion REPLY Filed by Defendants

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According to the Court Rules, the Defendants filed Replies to the Plaintiff's Motion for Summary Judgement. They also filed Additional Evidence in support of their Position.

They then filed Revised Factums for their Motion and Reply

The Documents in the Defendants's Reply to the Plaintiff's Motion for Summary Judgement are all included in the following News Article:

Authenticity of Copyright Lawsuit Allegedly by Aga Khan, Questioned! - 2010-07-19

Whether Gray has spoken to the Imam

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Gray tried to show that he has spoken to the Aga Khan by producing a group photograph including him and The Aga Khan Taken at the Aga Khan Museum Foundation Ceremony.

[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

2010-07-29 Discovery MOTION Filed by Defendants

in

At this point, the case was set to drag on for a long time and the upcoming costs were skyrocketing.

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