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Copyright Lawsuit: CROSS_EXAMINATIONS Table of Contents - for case allegedly by Aga Khan - 2010-09-04

Wednesday, 2010, August 4
Heritage News

Here is a detailed table of contents of the cross-examinations for the Motions for Summary Judgement in the Copyright Lawsuit allegedly filed by the Aga Khan. We tried to include everyone's burning questions.

Are Farmans to be followed?
Mr Sachedina says that Farmans that we hear in Didars are not actually Farmans and are not to be followed. He maintains throughout his testimony that only the written edited versions sent by ITREB are actually Farmans. Later, Mr Sachedina has to admit that Farmans come from the Noor, the Light of God. Mr Bhaloo says that Talikas containing blessings are not Farmans.

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

Are Previous Imams' Farmans to be Followed?
Mr Sachedina maintains that he does not follow Farmans of previous Imams.

Has an Official Farman Book Publication Been Approved?
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.

Over 80% of ismailis have NO access to Farmans.
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.

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

Health and Age of the Imam - Gray Keeps bringing this up.
Mr Gray tried to establish that the Imam is aging and in bad health. It was refuted by everyone.

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

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

Initiation of the Lawsuit
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.

Whether Gray has spoken to the Imam
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.

Are defendants insisting to meet the Imam?
Defendant Nagib Tajdin is often in close proximity but never addresses the Imam. The defendants are not insisting to meet the Imam, they are insisting on getting any authentic direct instruction from the Imam so that they know whether to continue or not.

Meeting the Imam: Defendant's Alternatives
Defendants present some alternatives that the Imam had to make them stop their activities without needing to meet them.

Meeting the Imam: Gray's Alternatives
Gray knows that the Lawsuit will end if the Imam says in person "Nagib Stop.", yet he tried many times to find alternatives to producing the Imam. None of his alternatives seem to show that he has access to the Imam.

Contradiction: April 2010 Announcement - No Consultation?
Brian Gray tries to establish with Nagib that the April Announcement was written in consultation with all the LIF. Sachedina later contradicts this point of view and establishes that in fact the draft of the second announcement was not circulated to anyone in the leadership before it was read out in Jamatkhanas as being from the LIF, Councils, ITREB etc on the same evening that it was written by a couple of persons including Sachedina.

Contradiction: Did Nagib Tajdin's letter really reach Aiglemont on Jan 20?
Sachedina, in his affidavit, says that Nagib's letter to the Imam Reached Aiglemont on January 20, 2010. Sachedina's email to Nagib on January 10 said that Aiglemont had no trace of Nagib's letter. Nagib produced a letter from the Kenya Council, as well as a confirmation from DHL that the letter actually reached Aiglemont on January 8th.

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

Did Sachedina convey to Imam that some of the points in the forged letter needed clarification?
Mr Sachedina did not convey to the Imam that Mr Tajdin had responded to the first letter with a request for clarifications.

Has Imam spoken to LIF, or is there a huge conspiracy against the defendants?
Gray tried to show that if the defendants are to be believed, then it would mean that there is a huge conspiracy of dozens of corrupt leaders, staff, and that this is unbelievable.

Sachedina's cross-examination showed that the misinformation can be pinpointed to very few individuals. Even the LIF Chairman, Lakhani, has not been contacted by the Imam about this issue, the LIF was briefed by Sachedina, and the announcements were written by only a couple of people, not by the whole ismaili leadership as they seem to imply or as Mr Gray seems to think by looking at his questions to Tajdin and Jiwa.

This confirms that all evidence in this case originates from Mr Sachedina.

Where the Farman Dissemination Policy of March 2010 Comes From
The Farman Dissemination Policy document of March 2010, submitted to court by the Plaintiff party, does not come from the Imam or from Aiglemont, it comes from Mohamed Manji.

Can anyone else sign for the Imam?
Mr. Sachedina dispels the rumours that someone else is allowed to sign for the Imam.

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.

Is there a breach of the Ismaili constitution?
Obviously, if there was a clear breach of the ismaili constitution, then this case would have been in the Arbitration board.

Discussions about the constitution have revolved around the specific clauses about Farmans that were included in previous constitutions but that have been removed from the newer constitution since 1986. Older constitutions distinguished between religious publications and Farmans. The clauses about Farmans were removed by the Imam, but the clauses about the other religious publications remained intact.

Sachedina maintains that the constitution has been breached and that in the case of Farmans, only the Imam can Publish or authorize publication, Not Itreb, not the Council. However, if the current constitution is to be relied on to prove the breach, then article 14.1c lets the Ismaili Council authorize publications (and this is how Mr Gray seems to understand it), and Article 8.4d gives the ITREB's the responsibility to publish. Neither article reserves the right for the Imam. This leaves us with Farmans to follow which say that Imam makes Farmans FOR Jamats.

Who Can Print Farmans
It is the Imam's prerogative to decide who can print Farmans, and it can be anyone.

How long did Defendants know about the Forgery before making it public?
It turns out that in order to protect the trust that Jamati institutions have with the Jamat, the defendants had not publicized their knowledge of forgery until after the Lawsuit was filed when they no longer had the choice.

What is Mr Sachedina's actual role at Aiglemont
Mr Sachedina's role a head of the department of jamati institutions is not a constitutional position, and the department of Jamati institutions cannot give new directions to institutions. Ismaili Institutions do not report to Mr. Sachedina. He coordinates their work, but ultimately, the institutions are answerable to the Imam.

What is the relationship between Defendants and Sachedina and Bhaloo?
Both Sachedina and Bhaloo agree that they are in good terms with the defendants. In the Case of Alnaz Jiwa, they don't recall ever interacting with him. In the case of Nagib Tajdin, they claim cordial, even warm relations with him, admit that he has never acted unrespectfully against either of them, and that his family was well-respected until the Announcements and the Lawsuit.

Why is Alnaz Jiwa included in the Lawsuit?
It turns out that Alnaz has no role in the publication and a minimal role in the distribution of the KIZ Farman book series. The reason he was included in the lawsuit seems to be due to a confusion on Mr Sachedina's part.

Are Farmans made Available to Non-Ismailis?
ITREB is manned 100% by ismailis who have taken the ismaili oath of office. The IIS is manned at all levels by many non-ismailis who are not bound by the constitution. Why then, are Farmans asked to be sent to IIS and not ITREB?

Contradiction: Did Sachedina give Nagib's address to Michelle Parkes?
Sachedina started saying that he had nothing to do with Miss Parkes' correspondance with Mr Tajdin. However, he was not able to stick to that story.

Contradiction: Imam's criticism of Leaders in London
Mr Sachedina maintains that the Imam's comment about Leaders in London during Golden Jubilee was incomplete. This statement is shown to be false.

Contradiction: Recall all books or just the Golden Edition?
Would the Imam ask Mr Tajdin to undertake an impossible task?

Contradiction: Who mentioned Nagib Tajdin's Name?
Sachedina's Affidavit says that the Imam mentioned Nagib Tajdin's activities to Sachedina. His earlier testimony says he knew nothing of Nagib's actions before he started working at Aiglemont. Now, Sachedina says that he is the one who mentioned Nagib's name to the Imam.

In 1998 Did sachedina and Bhaloo take the Farman Book Draft to the Imam?
The Draft that Nagib Gave for the Imam in 1998 is still in Bhaloo's house.

Is the Imam concerned about the website?
Mr Sachedina states that there is a general concern about the contents of ismaili websites, and a review is pending, however, Mr. Sachedina also says that Mr. Tajdin himself has been part of the solution.

Significance of Mehmani
A murid is quite entitled to speak to his Imam during Mehmani. Imam does listen, interact with and guide Murids during Mehmanis. Although reluctant, even Mr Bhaloo came around to this conclusion.

Significance of Talika
Talikas and Farmans are not regular speeches, they are treated with the greatest respect and special ceremonies as Divine words for the Ismaili community.

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

Cross examination Transcripts:
[2010-08-09 CROSS-EXAMINATIONS for Summary Judgement Motions]
[Cross-Examination of Expert Shows Main Weakness of Lawsuit Allegedly by Aga Khan - 2010-09-12]

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