Copyright Lawsuit 2010: Online Book of All available Materials for Lawsuit Allegedely by Aga Khan

This Online Book is a one-stop shop of the Materials for the 2010 Copyright Lawsuit Allegedly by Aga Khan.

It gathers court materials as well as articles that are currently available for the ongoing 2010 Lawsuit Launched allegedly by the Aga Khan against 2 of His Murids Nagib Tajdin and Alnaz Jiwa, for Circulating the Imam's Farmans to His Jamat through the Kalam-e Imam-e Zaman Golden Edition Book.

2010-04-06 STATEMENT OF CLAIM is Filed

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



- PDF of Statement of Claim

2010-04-29 STATEMENT OF DEFENSE is Filed

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.

The Lawsuit text was circulated by email to worldwide ismailis before it was even served on the defendants. Defendants started being bombarded by emails, phonecalls, and pressured in person to apologize and withdraw the book.

The Lawsuit text seemed to undermine the Divinity of Farmans, the Infallibility of the Imam, and as the case advanced and more documents were filed in court, more and more ismaili basic beliefs and tenets were undermined by the people running the action against the two murids.The attempt was made to discredit the defendants so that when they disclose the information about forgery of Imam's signature, no one would believe them.

The Defendants decided to hold fast to the Noor of the Imam, and to submit to the court a Defense, not against the Imam, but against whoever the usurper Plaintiffs are who are undermining the tenets of Ismaili Faith.

The Following News Event contains links to the Statements of Defense filed by the Defendants Alnaz Jiwa and Nagib Tajdin.

Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29



- PDF of Defense filed By Nagib Tajdin April 29, 2010
- PDF of Defense filed By Alnaz Jiwa April 29, 2010

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

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

Both these points were contradicted by the Imam at the Discovery on 15 October 2010 where Imam said He does not" Edit", He only annotates. The Imam further offered to Alnaz and Nagib to make available to them all of His annotated Farman if they so wish.

On the crucial matter of "Consent", The Imam said He remembers the Mehmani "very well" and gave the instruction to continue publishing, The Imam confirmed exactly what Alibhay wrote in his affidavit concerning the Mehmani. the Imam went to the extend of explaining to Gray and SS why He gave Consent, He said they needed those books to be able to translate the Farmans into French, Farsi etc and the first of the Farman Books of the Kalam-e Imam-e Zaman series was presented in Mehmani at a time were they were looking for competent people...!

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

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

Copyright Lawsuit: Read the AFFIDAVITS in Defendants' Motion Here - 2010-06-24

Copyright Lawsuit: Read the EXHIBITS in Defendants' Motion Here - 2010-06-24



- 01-Notice of Motion of Alnaz Jiwa dated June 16, 2010.pdf
- 02-Memorandum of Fact and Law of Alnaz Jiwa.pdf
- 01-Notice of Motion Nagib Tajdin dated June 16, 2010.pdf
- 02-Memorandum of Facts and Law of Nagib Tajdin.pdf
- 03-Affidavit of Karim Alibhay sworn April 28, 2010.pdf
- 03-Affidavit of Alnaz Jiwa sworn June 16, 2010.pdf
- 04-Affidavit of Nagib Tajdin sworn May 7, 2010.pdf
- 05-Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010.pdf
- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit A - letter from Nagib Tajdin to the Aga Khan dated January 4, 2010.pdf

- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit B - letter to Nagib Tajdin dated January 24, 2010.pdf

- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit C - Graziella Petinatti's report dated February 4, 2010.pdf

- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit D - Wendy Carlson's report dated February 8, 2010.pdf

Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit E - Affirmation dated May 12, 2010.pdf

- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit F - Graham P. Ospreay's report dated June 9, 2010.pdf

- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit G - Graham P. Ospreay's report dated June 9, 2010.pdf

- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit H - e-mail from Nagib Tajdin to Brian W. Gray and Brian W. Gray response dated June 15 2010.pdf

- Nagib Tajdin Affidavit sworn May 7, 2010
Exhibit A - copy of the cover page of Farman book Kalam-E Imam-E-Zaman.pdf

- Nagib Tajdin Affidavit sworn May 7, 2010
Exhibit B - copy of the cover pages of various Farman books.pdf

- Nagib Tajdin Affidavit sworn May 7, 2010
Exhibit C - copy of the cover page of Farman book titled Kalam-E Imam-E-Zaman Golden Edition [1957-2009].pdf

- Nagib Tajdin Affidavit sworn May 7, 2010
Exhibit D - Copy of announcement of January 16, 2010.pdf

- 05-Affidavit of Alnaz Jiwa sworn June 16, 2010
Exhibit A - copy of email dated February 15, 2010 sent by Tajdin to Michele Parkes.pdf

2010-06-28 Summary Judgement MOTION Filed by Plaintiff

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

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

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

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

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



- Affidavit of Alnaz Jiwa sworn July 16.10.pdf
- Affidavit of Graham P. Ospreay Exhibit D - sworn July 14. 2010.pdf
- Affidavit of Graham P. Ospreay sworn July 14. 2010.pdf
- Affidavit of Mohamed Tajdin sworn July 7. 2010.pdf
- Affidavit of Nagib Tajdin sworn July 14.10.pdf
- Memorandum of Fact and Law Alnaz Jiwa July 16.10.pdf
- Memorandum of Fact and Law Nagib Tajdin July 16.10.pdf

2010-07-29 Discovery MOTION Filed by Defendants

At this point, the case was set to drag on for a long time and the upcoming costs were skyrocketing.
The Defendants had stated and re-stated that if they got any authentic communication from the Imam, they would stop the infringing activities, but that they could not do so without knowing that the Lawsuit was authentic. It would be a direct disobedience of the Imam if the Defendants apologized for something that He asked them to continue doing. It was also very disturbing that every forensic expert that they consulted said that the documents that they received from Sachedina or from the Plaintiff's Lawyer were forged.

The Defendants therefore made themselves available when the Imam visited Toronto for the Ground-Breaking Ceremony of the Aga Khan Museum and Ismaili Centre in Toronto, so that the Imam can give any instruction in person at any place and at any time and for any duration that He chooses. The Plaintiff's Lawyer replied that they can potentially start scheduling a meeting at some unknown point in the future, but only if the defendants settle in advance and admit in writing to the points in the Lawsuit.

It was not until the 27th of July, after exploring all other paths of trying to peacefully get an authentic communication from the Imam instructing their next step, that the Defendants filed a motion for the Stay of all proceedings and for the Discovery of H.H. the Aga Khan. Since the Plaintiff Party seemed to NOT represent the Aga Khan at all, it was assumed by the defendants, that if such a motion is granted, and if the Plaintiff Party is shown not to be able to produce the Aga Khan for discoveries, the case can be closed sooner to the benefit of all parties.

The suspiscion of the Defendants that the Plaintiff's lawyer was not in contact with the Imam was confirmed when they received the expected reply from the lawyer saying he had recommended to the Imam not to accept discovery [though the lawyer knows that the law provides the right to discovery]

The Documents in the Defendants's Motion for Stay and for Discovery are all included in the following News Article:

Defendants Ask Judge to Stop All Proceedings as the Aga Khan is NOT the Plaintiff - Copyright Lawsuit - 2010-07-31



- 20100729-Alnaz Jiwa Affidavit sworn July 28.10.pdf
- 20100729-Nagib Tajdin Affidavit sworn July 29.10.pdf
- 20100729-Nagib Tajdin Affidavit sworn Exhibit A July 29.10.pdf
- 20100729-Alnaz Jiwa Notice of Motion July 29.10.pdf
- 20100729-Nagib Tajdin Notice of Motion July 29.10.pdf
- 20100729-Alnaz Jiwa Written Representations July 29.10.pdf
- 20100729-Nagib Tajdin Written Representations July 29.10.pdf

2010-08-09 CROSS-EXAMINATIONS Transcripts for Summary Judgement Motions

4 people were cross-examined on the week of August 9, 2010 for the Summary Judgement Motions in the context of the Copyright Lawsuit allegedly by the Aga Khan.

First, both defendants Nagib Tajdin and Alnaz Jiwa were examined on Monday August 9th, 2010 by the Plaintiff's Lawyer Brian Gray.

Then, Shafik Sachedina was examined by both defendants on August 12, 2010 and Aziz Bhaloo was examined by both defendants on August 13, 2010.

Mr Gray opted to examine the defendants' forensic expert Graham Opsreay the following week.

Main subjects are highlighted below, and a 10MB full transcript is also attached.

The Following News Event and News Item Summarize these Cross-Examinations:

Copyright Lawsuit: CROSS-EXAMINATIONS confirm that the case is not authentic - 2010-09-04

Copyright Lawsuit: CROSS_EXAMINATIONS Table of Contents - 2010-09-04

Cross-Examination of Expert Shows Main Weakness of Lawsuit Allegedly by Aga Khan - 2010-09-12

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.

[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 #301:
Cross-Examination by Mr Jiwa.
Q. ... Would you agree with me, sir, and you said this earlier, that the jamats are obligated to follow the Imam's farmans and the Constitution?
A. Just as farmans that he has authorized for release to the jamat. Not any farmans. Absolutely what he had given for the jamat, which he has authorized for the jamat, and once he is the one who approves those farmans.


Sachedina #542 - #545:
Cross-Examination by Mr Jiwa.
Q. ... My question to you was that before Mr. Tajdin started distributing these farmans, there were many farmans that were not released by ITREB to the jamat khanas -- to local ITREBs to be read; correct?
A. Because Mowlana Hazar Imam had not authorized the release of those farmans through the process.
Q. So the answer is yes to that?
A. Yes. It was not released because he did not authorize the release.
Q. So you said earlier, if I understand correctly, that the farmans become definite after they are authorized by the Imam?
A. Absolutely. That's my understanding.
Q. And that by His Highness not authorizing, he doesn't want those farmans to be followed; correct?
A. Because they are not farmans. Actually, those farmans have not been authorized or released. That means they don't become effective, and, therefore, they are no longer farmans. They are not made as farmans.


Sachedina #511 - #514:
Cross-Examination by Mr Jiwa.
Q. Now, His Highness, it appears from what you are saying, when he makes his farman, his oral farman, he comes to the jamat khana --
A. Extempore.
Q. Extempore.
--- Off-the-record discussion.
Q. And you are saying that after he approves and finalizes, then it becomes definitely farman?
A. Yes.
Q. Are jamats expected to follow the farman that he has already made, or do they wait until he has authorized the final version?
A. To me, the version that he has authorized become the farmans that are conveyed to the jamat with his authority. So even in my view, and it is my opinion, that even if you had been made aware of a farman to the jamat, the text that he releases after his review are the authorized farmans. Because they have gone the review process by the Imam himself, and he has therefore completed this where there have been -- no, he has reviewed them. If he requires anything, whatever he requires is done, and then in most cases, as I say, he goes through this process and then gets them released. So those are the only ones that are the farmans.


Sachedina #622 - #628
Cross-Examination by Mr Tajdin.
Q. It's still read in jamat khanas usually 11th of July, the day of the Imamat --
A. Yes. That's the farman of the Imam.
Q. It's a farman which is a recognized farman; right? Can you confirm to me if 'Noor' means 'the Light'? And there is a surah in the Koran, a chapter in the Koran, about the Noor?
A. Yes.
Q. Is it the same Light?
A. The Light, yes.
Q. The Light. It's the Light of God --
A. Yes.
Q. -- which guides materially and spiritually?
A. The Noor of Allah, the Noor of God.
Q. Which guides materially and --
A. Yes.
Q. And this is guided through the Imam's love that Noor is guiding us. And since we are all from the same religion, we all believe in this; right?
A. (Deponent nods head up and down).


Bhaloo #143:
Cross-Examination by Mr Tajdin. `
Q. You would accept that the talika is a written farman?
A. Sometimes the talikas are blessings, not farmans.
Q. Oh, blessings are not farmans?
A. I told you that talikas are sometimes blessings given by the Imam to the individuals, but not instructions in farmans.

Are Ginans to be followed?

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
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]


Sachedina #140
Cross-Examination by Mr Jiwa.
Q. Must abide by, yes. And would you also agree with me that the jamat is also asked to obey and follow what's preached in the Ginans, g-i-n-a-n-s, so long as they are not contradicted by a current Imam?
A. Ginans are devotional poetry, and thus as poetry, it is not in a way incumbent for anybody to follow the ginans in the way that you describe. Ginans are, as I say, devotional poetry.

Sachedina#892 - #895
Cross-Examination by Mr Tajdin.
Q. Okay. But you agreed that the Usul-e-deen farman, which is very well known in the community, says that farmans and ginans are the same?
A. As I said to you, this was by the past Imam, the 48th Imam.
Q. Is it valid or not?
A. As I said to you, my interpretation, and it is my personal interpretation, that I follow the guidance given by the present Imam always.

Are Previous Imams' Farmans to be Followed?

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
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]


Sachedina #885 - #889:
Cross-Examination by Mr Tajdin.
Q. Can I ask you to look at the second page of this. Have you heard of a farman that people refer to as the Usul-e-deen farman --
A. Yes.
Q. In the, not the last paragraph but just before that paragraph, I want to point to this: 'My Farmans themselves are the Ginans!' The Usul-e-deen farman is quite widely circulated in our jamat; do you agree with that?
A. This is -- again, I keep coming back, these are farmans from Sultan Muhammad Shah, and I always -- as I said to you, it is my position very clear, and it's my believe, that every time we look at, first of all, the farmans of the present Imam, they take precedence over any previous farman. And the Imam of the Time is the one -- the farmans that are, from our point of view, in our tariqa. We look at the present Imam's farmans.
Q. That's very good. Mr. Sachedina, would you agree that any farman which has not been superseded is still valid?
A. By the Imam -- living Imam.
Q. So let's say on July '57 the living Imam became Shah Karim, the present Imam. So the farman made two weeks ago by the previous Imam are no longer valid; is that what you are saying?
A. What I'm saying to you is our -- the farmans of -- Imam is Imam, is the present living Imam, and we, as the jamat Ismaili community, follow always the Imam of the Time. So those farmans are the ones that guide our life because he is the present Imam and he makes the farman. It is his farmans that we follow because we have given the bayat to the Imam of the Time.
Q. Thank you for this theological discourse. Now, let me tell you -- isn't it true that the Imam, when he became Imam, the present Imam said 'follow the farman of my grandfather' who was the previous Imam'; right? Isn't it true that he said that in his very first farmans?
A. Well, as I say, I cannot respond to that.


Sachedina #892 - #893:
Cross-Examination by Mr Tajdin.
Q. Okay. But you agreed that the Usul-e-deen farman, which is very well known in the community, says that farmans and ginans are the same?
A. As I said to you, this was by the past Imam, the 48th Imam.
Q. Is it valid or not?
A. As I said to you, my interpretation, and it is my personal interpretation, that I follow the guidance given by the present Imam always.

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.

[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 #390 - #402:
Cross-Examination by Mr Jiwa.
Q. 'The jamat would pleased to be informed that Molwana Hazar Imam has already approved that the Jamati Institution should formally publish a volume containing the approved text of his farmans.' [as read] Do you know when did he formally approve this?
A. The principal. This is an approval of the principle to publish. That does not mean you can publish tomorrow. It is the principle that he has agreed. The principle to approve, that he has approved the principle of being able to publish the farmans at his time. He has not made a decision that tomorrow you will publish this. He has given his -- here, as I say to you, 'approve the jamat to formally this.' So he has given his agreement to publish. Now the process has got to be gone through.
Q. Okay, so what I'm saying -- my question was: When did he give this approval?
A. This was during the -- this discussion has been on the table with Hazar Imam for a number of years.
Q. No, this --
A. Listen to me, please. I have also.
MR. GRAY: Let him finish his --
THE DEPONENT: I have to be able to give you the context of this. It is my right to give you a context to this. And, therefore during the Jubilee there were a -- during the Golden Jubilee of the Imam, there were a number of projects, and one of them was -- there's one to do with the speeches of the Imam, and this one also is the farmans of the Imam. And these were issues that were discussed by -- with Hazar Imam, and he has, as I said, given in principle his agreement to do this. The question is going to be the timing in when this will happen and the process has to -- due process will have to be gone through before they are released to the jamat.
BY MR. JIWA:
Q. So my question is when -- when the final approval was given?
A. About the...?
Q. When you say 'has already approved'?
A. I told you during the meeting with the leaders -- at the time of the Golden Jubilee, this proposal was --
Q. No, it would be nice if you would say what month, what year?
A. During the Golden Jubilee when we -- leaders of the jamat periodically meet Hazar Imam, and there were meetings with Hazar Imam about what will be the outputs that we will do before the Jubilee, during the Jubilee, and the post-Jubilee. And the farmans would be the compilation also of -- all the farmans of the Golden Jubilee would be included in this. So this was something that came out of the Golden Jubilee.
Q. So you cannot point to the month that he gave --
A. This was done in the context of the principle of -- agreement by approval by Hazar Imam to do certain things. And this was informed to the jamat that that approval has been given by Imam to do this. But, as I say to you, there's a process to follow, which Hazar Imam will have to be -- his guidance will have to be sought.
MR. GRAY: Excuse me just for a second.
--- Off-the-record discussion.
--- Recess taken at 11:59 AM.
--- Upon resuming at 12:09 PM.
BY MR. JIWA:
Q. Now, Mr. Sachedina, your announcement --
A. Yes.
Q. You were talking about this already approved and you explained that. Now, to your knowledge has His Highness, prior to his Golden Jubilee approval, has he ever approved prior to that for the publication of the farmans?
A. The principle to publish?
Q. What do you mean 'the principle'?
A. Because the fact is that, you know, there is no publication at the present time. There is no publication of farmans authorized by any institution actually at the present time which is there. So this will be something that is in the process. It was in the process, principle was agreed with Hazar Imam.
Q. Right.
A. And now it's being looked at. Because I -- so that you should be aware, I had raised this matter with Hazar Imam of the Time of my meetings with Nagib at that time about this whole issue, that we will need to make sure that there's a publication available.
Q. Did he give you an approval at that time? Did you ask him for approval at that time?
A. No, he had said that -- we are very, very clear on this matter, that whatever it is you prepare, submit, and then we will make a decision once I have reviewed the material.
Q. Right. And so he said that in 1998 to you?
A. He said the principle about this is something I'm willing to consider and I'm willing to look at. And that's why I was very satisfied that this is where the direction we will end up at some point in time, but only after he has given his authority ###.

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.

[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 #606-#614:
Cross-Examination by Mr Tajdin.
Q. Now, as the head of Jamati Affairs, you have a list of how many jamat khanas there are which are in contact with the Imamat?
A. Yes.
Q. Approximately how many?
A. Of the number of murids or in the global number of countries?
Q. No. Jamat khanas.
A. Oh, jamat khanas. Well, we have in excess of nearly over 5,000-7,000 jamat khanas.
Q. 7,000. And some are in remote areas where there are small villages and few people?
A. Absolutely.
Q. So on the average, that would cover about 2, 3 million Ismailis?
A. Well, yes, possibly. Even more.
Q. There are jamat khanas where there are a thousand people that can sit, and there are some where there are a hundred people that can sit; am I right?
A. There are different size of jamat khanas.
Q. Okay. So if we have to be very generous that about 2, 3 million people have access to jamat khanas, would you agree that not all the people who have access to jamat khanas go to jamat khanas?
A. Access to jamat khanas is out of choice of people being able to go because of their lives, whether they are able to go to the jamat khanas, the proximity of the jamat khanas, the distances people have to travel to jamat khanas. So there are many factors that determine for any member of the community to go to jamat khanas. There could be a jamat khana but they can't get to it because of the distance, whatever it may be. There are many reasons for that.
Q. Okay. Out of 15 million Ismailis, if you have 2 or 3 million at the most who have access -- let's say they all go to jamat khanas, would you agree that 80 per cent of the people do not have access to jamat khanas in our community; they live in regions where there are not yet either a jamat khana or --
A. I'm not able to make that judgment to say to you for sure that is the case. But there is a large proportion, and you know that the Imam of the Time has said that there are many places in the world that there are no jamat khanas, which he will at the time -- at the time of the Golden Jubilee it was one of the goals, was to establish jamat khanas in parts of the world where there has been no access to the jamat khanas. And that is his goal. And therefore he -- there are many, many places in that region of the world where there's a large population and they do not have access to jamat khanas.
Q. Okay. Now, would you agree that people who do not have access to jamat khanas do not have access to farmans?
A. Yes, because -- they would not have access simply that there are no structures, even institutional structures, in some of these places.
Q. True.
A. There has been no constitutional bodies in many of these countries. In fact, till today I can tell you most of these countries do not have constitutional bodies.
Q. Yes. In fact, the Imam mentioned in a farman that there are no constitutional bodies in many, many places where Ismaili --
A. In those parts of the world where there are large jamats, there are in some of these countries what I call the jamats that we are mentioning, majority of the jamats do not have jamati institutional structures. You know, I can give you Russia, central Asia, Afghanistan only just started, western China -- all of these places have a large population, but these are areas of the world where jamat khanas have not been established because there are no constitutional bodies or just about beginning to be established. So it's under the constitutional bodies that jamat khanas -- and there are no traditions in some of these places to have jamat khanas.

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.

[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 #252- #257:
Cross-Examination by Mr Jiwa.
Q. And you told Mr. Tajdin that Imam 'thinks in French, speaks in English, and makes mistakes, so we edit them, we correct them'?
A. That's his words, not mine.
Q. And you never said that?
A. I didn't say about mistakes. What I said was, and I want to really put it on properly, is that Imam himself had told me that when he makes farmans, he makes extempore farmans. And extempore farmans, when he makes them, he thinks in French, and the farmans are made in English. And it is absolutely correct in my view that farmans of any -- from my point of view any Imam from that point of view, the Imam has his right to review those farmans because the spoken word and then text have to be compared and be satisfied that that is what he wished to be released.
Q. Would you agree with me that that's your opinion?
A. No. It is what the Imam has told me personally.
Q. That he what?
A. That he has made -- it's a long tradition absolutely going back through many, many years.
Q. When you say 'many years,' so Sultan also had the same policy as well?
A. I'm not -- I'm talking about this Imam. I wasn't present with the 48th Imam. I was not working for him. But I can only tell you that Imam reviews this material himself for the last many, many years since I have been working, and he releases it only when he is satisfied with it.
Q. Now, do you have any, either a farman -- right? -- or an article in the Constitution that says that the Imam edits farmans or has to edit farmans or has to approve farmans before they are released for distribution?
A. There's a very clear constitutional mandate. If you read article -- the only people that are authorized to do that are constitutional board. If you look at the article, very clearly article 14 of the Constitution, 14.1(c) clearly says that it is only the Imam who -- it's very clear on -- 14.1 article C is absolutely clear.


Sachedina #263:
Cross-Examination by Mr Jiwa.
Q. I'll come back to that in a second. I just want to focus on the question that I asked you. My question, and I'm going to repeat it again: Is there any article in the Constitution or is there any farman that says before any farman that has been made by the Imam, before it is distributed to the jamats, has to be edited and approved by the Imam? That's my question.
A. Not in the way that you describe.


Sachedina #617 - #618:
Cross-Examination by Mr Tajdin.
Q. Okay, that's fine. I'm referring to tab D of -- 3(d) -- now you have to bear with me. It's the first time that I am doing an examination. And Shafik, honestly, I think in French, I speak in English.
A. Yes.
Q. So sometimes --
A. Thank you very much. I am grateful. That is first time on record somebody can say that. I thought I was the only one saying that.
MR. GRAY: That's okay. I think probably it's the first time Mr. Sachedina has been examined.

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.

[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
]


N. Tajdin #268:
Cross-Examination by Mr Gray.
Q. I see. Okay. And did you tell this Mr. Ospreay the age of the Aga Khan?
A. No, I did not.
Q. Can you produce for me your instructions to Mr. Ospreay?
A. It was a verbal instruction.
Q. You didn't ask him in writing?
A. No.
Q. Did you tell him...you follow what the Aga Khan...his life, don't you?
A. I follow it very closely.
Q. Very closely. And are you aware of the fact that he had a skiing accident in 2008?
A. Yes, he has had several of those.
Q. He had several accidents in 2008?
A. Yes.
Q. And they were in 2008, weren't they?
A. Yes. In fact, I met, in 2008, or 2009, Dr. Sachedina in Ivory Coast, and he told me that we have fixed completely properly the shoulder of His Highness, and he is like before.
Q. Right. So, you were aware that the skiing accident hurt his shoulder?
A. Yes, I was aware.
Q. And which shoulder was that?
A. Probably the right shoulder.
Q. Right, and are you also aware that the Aga Khan, His Highness, is right-handed?
A. Yes, I am aware.
Q. Okay. Did you tell Mr. Ospreay that His Highness had had a skiing accident in 2008?
A. No, I did not, because he was already back to normal, and that was confirmed to me by Dr. Sachedina in Abidjan during the Golden Jubilee for His Highness.
Q. Did you tell any of the other experts that you retained about the Aga Khan's age?
A. No.
Q. Did you tell any of the other experts about the skiing accident in 2008?
A. No.


Jiwa #282 - #284
Cross-Examination by Mr Gray.
Q. I take it that you also follow events...I take it you also follow events in His Highness' life?
A. I do somewhat, yes. But the accident was publicly known. So even if you are not following, you knew.
Q. So you knew?
A. Yes.
Q. You knew there was an accident in 2008?
A. Yes.


Sachedina #586 - #599,
Cross-Examination by Mr Tajdin.
Q. And the Imam travels extensively; right?
A. Yes.
Q. I would think he travels all the time. I think he mentioned somewhere that he lives in a suitcase or something, or a briefcase. And I remember a very old interview that he sent that he spent so many hours working in a plane, that's why maybe he made this comment. He's also a sportsman; right? He does ski?
A. Yes.
Q. He drives his own car?
A. He loves.
Q. He loves. I have seen his movie with Princess Zahra on a horse. So the horse --
A. That is his hobby. I don't get involved with any of this.
Q. I just want to make sure that we agree that the Imam is in better shape than you and me. If I can refer to that Imam, I was just looking few days ago at the Pamir Mountains and the Imam is climbing the mountain. It looks very fresh. And I think you are 300 meters behind the Imam trying also to go up the same mountain. Is that a university that he's building in the Pamirs?
A. Yes, there is a University of Central Asia, which is the university in that region, in Kyrgstan, Tajikistan and Kazakhstan. It's --
Q. It's a three-country --
A. Three countries.
Q. And it's a mountain university?
A. Under the treaty of --
Q. Okay.
A. Under the treaty between the Imam and the three presidents of the three countries.
Q. There is no choice but to climb the mountain. Because that's where the campus are; right?
A. In remote areas.
Q. In remote areas.
A. In isolated areas.
Q. Very good. Now, he is also a graduate from Harvard, so he's not like the average person --
MR. GRAY: Please stop here a second. I see the reporter is looking for -- off the record.
BY MR. TAJDIN:
Q. So I guess he probably is using some gadget. I saw you were using a Blackberry. Is the Imam also using a Blackberry?
A. I'm not aware of that.
Q. You are not aware if the Imam --
A. Blackberry, I don't know about the Blackberry.
Q. I will not ask his phone number, promise. But he uses some kind of telephone where you can send messages. I understand he send some messages. So he's quite a modern person in that way?
A. He's an Imam of the Time.


Sachedina #834 - #839
Cross-Examination by Mr Tajdin.
Q. ...So that day we met in Abidjan.
Q. Yes. That was during the Golden Jubilee; right? Right?
A. Yes.
Q. I guess this is a yes. We talked about the Imam, and you said that his shoulder was completely restored. You remember that conversation?
A. You asked me how Hazar Imam was, and I said to you he's fine. And you said is he all right, and I said yes, he's fine.
Q. Did we talk of his shoulder?
A. You talked to me, as I say, about his accident.
Q. Yes.
A. You asked me the question and I responded.
Q. And you said he was fixed now?
A. Right shoulder is a shoulder injury, that's why.

Did Sachedina and Bhaloo discuss their Affidavits with the Imam?

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
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]


Sachedina #28 - #33:
Cross-Examination by Mr Jiwa.
Q. Now, you said you have reviewed Mr. Bhaloo's Affidavit?
A. Yes.
Q. And did you review it when it was drafted right initially, or after it was sworn by him?
A. The Affidavit itself?
Q. Yes.
A. I had seen a situation from before, what he was saying in his own Affidavit, and it was actually the counsel who actually sent me the final copy of it.
Q. After it was signed?
A. Yes. Of course I have seen a draft before that, but it actually was signed by -- and I was sent, really, the copy of it.
Q. Now, your Affidavit as well as Mr. Bhaloo's Affidavit, the draft version, did you review that with His Highness?
A. I didn't review it myself. I didn't review it. The counsel had, but I certainly didn't personally give it to His Highness myself.
Q. And did you discuss with His Highness the contents of your Affidavit or Mr. Bhaloo's Affidavit?
A. Not with him personally.


Sachedina #830 - #833:
Cross-Examination by Mr Tajdin.
Q. Okay. Have you seen Mr. Bhaloo's Affidavit before he signed it?
A. Sorry?
Q. Have you seen Mr. Bhaloo's Affidavit before he signs it?
A. Mr. Bhaloo's Affidavit before he signed this? I saw a version of it.
Q. Okay. A draft?
A. Yes, there was a draft that was -- he had prepared, but, as I say, he then himself dealt with it because, as I say --
Q. That's fine.
A. It's not my responsibility. But he did say that he was just making sure that I find my -- as far as I'm concerned, my own visit dates and what you have already said is here, now all is in there.


Bhaloo #6:
Cross-Examination by Mr Jiwa.
Q. When this Affidavit was drafted, did you discuss what contents to put in, what to mention, with anybody else?
A. No, I did not.

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.

[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 #25 - #26:
Cross-Examination by Mr Jiwa.
Q. With respect to this litigation, whose decision was it that you and Mr. Bhaloo should be giving evidence?
A. The decision for -- whose decision it was?
Q. Yes.
A. I realized that some of the facts require Mr. Bhaloo, who was present at only one of the meetings that I know of, and then he was also present, I believe, at the -- or he was in the leadership at the time of one of the other --

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.

[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 #515 - #519:
Cross-Examination by Mr Jiwa.
Q. When did His Highness tell you that he has decided to issue this Statement of Claim?
A. When did?
Q. When did he tell you?
A. In fact, he discussed this matter the -- after the letter was sent, the second letter was sent, he
did speak to me and the president, Mohamed Manji that --
Q. Together?
A. No. He spoke to me and I believe he spoke to Mohamed separately, and then he sent us, you know, from his point of view a message to speak with -- you know, in the sense that there were discussions that we should also discuss amongst ourselves on this matter.
Q. So who discussed?
A. Mohamed and me were only involved, two people, because His Highness wanted to know whether what had happened so far, what are the actions that have happened so far, the fact that these farmans there has been no reaction, that these farmans have not been withdrawn in the sense that these books have not been withdrawn from circulation, so he was concerned.
Q. By the time that you --
A. And he wanted -- sorry. And he wanted to understand whether he continues in this Imam/murid relationship, which is what he wanted to do. And second letter, he felt after the second letter that he had done what is expected of the Imam in his way, and he was rather concerned that there was no action from the other side, from the murids, and he wanted to protect the integrity of his farmans.


Sachedina #523 - #527:
Cross-Examination by Mr Jiwa.
Q. So do you know -- I mean I'm going to ask you as precise as you can be in terms of date or day?
A. I'll try.
Q. Is when did he tell you that he has now decided to issue a Statement of Claim?
A. I think and I can probably -- this letter was in February. I think indications were that he was seriously now, all the avenues were -- he had exhausted the avenues from his perspective, which were that if an imam writes to a murid and a murid does not respond, or at least then went and accused for forgery, that was a serious matter for him. And he felt that if that was the case, then this was a matter of serious concern to him and that to protect the integrity of his works, his moral rights, he wanted to ensure that this, therefore, would have to go where legal recourse would have to come. Because before that we had said, both Mohamed and me, that we would try and resolve this as Imam -- between the Imam and the murid because that was the relationship between the murid and the Imam, that he wanted in the privileged setting to resolve this matter.
Q. Now, I was trying to get --
A. Yes.
Q. -- the date?
A. I think probably towards the end of March or April that he was thinking about -- towards end of March, I think.
Q. That he said he wanted to issue the Claim?
A. Well, that's the time he said, well, look, I think, you know, he would have to deal with it from a legal perspective.


Sachedina #766 - #767:
Cross-Examination by Mr Tajdin.
Q. Mr. Sachedina, the first announcement which we have already talked about was already talking of legal steps?
A. I -- at least not from my --
Q. That was --
A. The first announcement, as far as I'm concerned, doesn't talk about any legal steps at all, at
least in the --


Sachedina #771,:
Cross-Examination by Mr Tajdin.
Q. Okay, I'm just referring to the last sentence where it talks of copyright laws.
MR. GRAY: It says --
THE DEPONENT: Yes, but this practice constitutes a breach of the Ismaili Constitution as well as copyright laws, and appropriate steps have been taken to ensure that the unauthorized circulation of copies of these unauthorized publication ceases.

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.

[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
]


N. Tajdin #481
Cross-Examination by Mr Gray.
Q. I am showing you a picture, a photograph.
A. Yes?
Q. Do you recognize anybody in that photograph?
A. Yes.
Q. Okay. Who do you recognize there?
A. The Aga Khan.
Q. That is the Aga Khan?
A. Yes, it is the...
Q. Who is that next to...do you recognize me there, next to the Aga Khan?
A. Yes.
Q. Does that look like me?
A. Yes.
Q. Brian Gray?
A. Yes.
Q. Do you recognize anybody else in the photograph?
A. I think...is that not the architect Maki?
Q. That is the architect, yes.
A. And I think from the back, I see Mohamed Manji.
Q. You see Mohamed Manji behind the Aga there?
A. Yes.
Q. He is the president of the Ismaili Council for Canada?
A. Yes.
Q. And you see the person at the bottom?
A. This is the foundation ceremony of the Jamatkhana Museum, right?
Q. Yes.
A. Yes.
Q. And you see the other person at the left there; do you know who that is?
A. Who is the other person on the left?
Q. The Aga Khan's right, to the left of the photograph.
A. Aga Khan's right.
Q. To the left, next to the architect.
A. who... There is a lady. I am not sure
Q. Yes, I can tell you that is Bev Oda, the Minister of International Cooperation?
A. Yes, yes.
Q. Do you recognize her now?
A. Yes, I recognize her.
Q. Okay. So, I am standing next to the Aga Khan...
A. Yes.
Q. ...at the foundation ceremony; am I not?
A. Yes.
Q. Okay.
A. There are so many pictures of so many people like that. I collect them.
Q. You collect them?
A. If you should not mind, I would like to get a copy.
Q. You can have a copy. I will give you a copy right now.
A. Thank you.
Q. There you go, here is a copy. Now, how do you explain that, if I have not spoken with the Aga Khan, or have access to him? people...
A. Mr. Gray, I can produce you so many
Q. Sorry?
A. I can produce so many people who are in photographs with the Aga Khan who have not spoken to him.
Q. I see.
A. It doesn't mean anything. Come on.
Q. It means nothing?
A. On that occasion, so many pictures were taken, probably a couple of thousand.
Q. Okay.
A. So many people wanted to have a photograph with the Aga Khan.
Q. So, along with the ten million people that won't convince you, a photograph is not going to convince you?
A. A photograph where you stand near the Aga Khan, I could have been standing there. So what?
MR. GRAY: Okay. Can we mark that as the next exhibit? Number 12. It is a photograph of Brian Gray, the Aga Khan, Bev Oda and an unnamed architect.
Q. Maki?
A. Yes.
Q. Yes, Mr. Maki, at the foundation ceremony of the Aga Khan...
A. Museum, Jamatkhana.
Q. ...Museum in Toronto.
A. He is the architect of the museum.
Q. Okay. It was taken around May...at the time of the ceremony in May of 2010?
A. Yes, end of May.
Q. End of May?
A. Yes.


Jiwa #126:
Cross-Examination by Mr Gray.
Q. You saw the photograph of me standing next to the Aga Khan? Did you see that photograph?
A. I have seen the photograph.
Q. You think I did not speak to the Aga Khan?
A. You know what? I will not answer that question. You give your evidence if you want to. Put in an affidavit and we can cross-examine you. Right now you have not given any evidence. You are just counsel.

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.

[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
]


N. Tajdin #419 - #428:
Cross-Examination by Mr Gray.
Q. So, it is a privilege to have an audience with the Aga Khan, isn't it?
A. It is a privilege for anyone, but this is not the purpose. I am not looking for an audience for an audience. I have written, in the beginning of January, I need an audience to get instruction.
Q. Have you ever had an audience with the Aga Khan?
A. No. Yes. I have gone to Mehmani.
Q You went to Mehmani?
A. Yes, it was a long time ago.
Q. When was that?
A. 1978.
Q. And at that Mehmani in 1978, did you present the fruit and nuts to him?
A. I think there were more than fruit and nuts. There was a rosary, and there were a few other things.
Q. Right, right, okay. So, you had a Mehmani?
A. I had a Mehmani.
Q. How long did that Mehmani last in 1978?
A. A few seconds.
Q. A few seconds, okay. So, other than that, you haven't had any audience with His Highness?
A. I have never tried to...
Q. No.
A. ...up to January 4th.
Q. Yes, now you have been trying since January 4 to have an audience with him?
A. Yes.


N. Tajdin #516:
Cross-Examination by Mr Gray.
Q. Did you try to bring your books to show to the Aga Khan while he was in Toronto?
A. No. I went to the hotel, but not to try to give him the book.
Q. Did you go to the hotel, and the Royal York, where he was, to try and give him the books?
A. No.
Q. Did you try to meet him at the hotel?
A. I haven't tried to meet him. I was standing there with other Ismailis to see him.
Q. You were in the hotel?
A. And if he would have called me, I would have gone.
Q. But you were in the hotel lobby?
A. I was in the hotel lobby, and I was in the hotel lobby the previous time when he came, the previous of the previous time also.
Q. Did you follow him around the world, trying to see him?
A. I go around the world because I have a website. I take pictures. I take photos. Sometimes he is there for a day, two days. Sometimes we are very close. I could talk to him, but I don't do these things. We have a code of conduct that tells that we cannot approach the Imam unless he accepts.
Q. All right. You follow him around, but you don't speak to him in the...
A. Never. Never.


Sachedina #630-#631:
Cross-Examination by Mr Tajdin.
Q. On paragraph 20, you say: 'Mr. Tajdin responded that he would accept this to be His Highness's wish only if he received instructions directly from His Highness.' Is this correct?
A. That's what you told me.
Q. I agree I told you that. I just want to make sure that it's not changed?
A. Yes. Directly -- from my language, directly is the Imam. Imam of the Time, if he tells you, then you will take instructions from him.
Q. Okay, that's fine.
A. And that's the way you have described to me.

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.

[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
]


Jiwa #122 - #124:
Cross-Examination by Mr Gray.
Q. Well, is it your evidence that you won't accept...the Aga Khan has not consented that the Aga Khan has not authorized this lawsuit unless you speak with him in person? Is that your evidence?
A. My evidence...you know what? don't need to speak to him in person. I don't need to speak with him in person. He has, despite the evidence to the contrary, he has very simple ways of dealing with these issues. And that leads me to believe that, you know, he is not behind this litigation.
Q. But you don't need to speak to him in person.
A. I don't need to...
Q. And so you would accept something in writing?
A. Writing at this moment is becoming difficult to accept. But I have told you that he has got quite a few...at least two other alternatives to stop this stuff or stop the publication of Farmans and he has chosen not to do
so. That leads me to believe that he is not behind this.


Sachedina #433 - #439:
Cross-Examination by Mr Jiwa.
Q. But the concern is, as I understand, it seems to be that whether they are official or unofficial, he doesn't want them to be outside of jamat khanas distributed either by email, by photocopies, by books?
A. That's something he doesn't wish.
Q. He doesn't you say?
A. Except from the described process.
Q. And yet since 1997 at least, perhaps earlier, as you said, but at least since 1997, he frequently told you that he's concerned about this, would you agree with me that he had an excellent opportunity when he went around the world to make sure that the jamats doesn't engage in this activity. He never did; correct?
A. That's the Imam's decision --
Q. Yes. I understand.
A. -- what the process is. It's up to him.
Q. I'm not asking you why he didn't do.
A. Yes.
Q. Of course you're right, its his prerogative. What I'm telling you is despite that he went around the world, he never mentioned any farman anywhere to say don't engage in this activity. You are aware, aren't you, that he has, for instance, said, 'I don't want you dealing drugs, I don't want you smoking drugs, I don't want you to grow drugs, I don't want you to transport' -- he said that in jamat khana?
A. But those are in the context of a farman.
Q. I understand. But he said that. So he's able to say in the farman and stop this; would you agree with me?
A. If he wished to do that. That is the prerogative of the Imam to do what he wants to do and say what he wants to say, if he wished to say, whether in his people whether that's something he wants to say to the jamat in public. But this is an institutional issue.

Sachedina#448 - #450:
Cross-Examination by Mr Jiwa. (until reporter appeals)
Q. And it says, the second sentence: 'In order that there is absolute clarity that the legal steps have been undertaken is the sad last resort.' Right? Would you agree with me that this is not a 'sad last resort'?
A. It was from Imam's perspective a 'sad last resort' because he tried in many ways for this not to go to this level.
Q. I just told you that if the Imam has been concerned, if he has been concerned about these activities, and according to you since at least 1997, he has a number of occasions -- for instance, 1998, July, he amended the Constitution and he could have made it abundantly clear that nobody but the Imam can do this. Number 2, and I just explained to you that he could have made the farmans as he went around during Golden Jubilee because this has been a concern for a long time, as you've been saying. So would you agree with me that the sad last resort is not true?
A. Let me tell you and maybe --
Q. Yes or no?
A. It is a --
--- The reporter appeals.
MR. GRAY: Let him answer the --
THE DEPONENT: I have a right to explain. 'Sad last resort' because for the last ten years, since after -- from 1998, after my visit with Nagib, and, in fact, the last publications of Nagib, nothing, as far as I'm aware, there was no publication. This issue only arose because of this publication that was produced.
MR. GRAY: The Golden --
THE DEPONENT: So there was Golden. This is the book that has come out. This is the book in question --

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.

[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
]


N. Tajdin #134 - #140:
Cross-Examination by Mr Gray.
Q. So, if it is actually from the Aga Khan, you accept that that, in fact, ends the lawsuit. If it really is from the Aga Khan, you no longer have consent to do what you are doing?
A. If the Aga Khan confirmed directly in person that he has written this letter, there is no lawsuit.
Q. Right. You will stop...you confirm, and it is your view that the Aga Khan has the absolute and unfettered right to withdraw any consent he may have given?
A. The Aga Khan can withdraw any consent to anyone at any time.
Q. Right. And even if he had given any consent previously, or anything he may have said previously...
A. Well, from the time he gives an instruction, it has to be followed.
Q. Right.
A. This is the tenet of our faith.
Q. So, if he has withdrawn his consent now, that is the end of the matter?
A. If he tells me, face to face, 'Nagib, stop', that is the end of the matter.
Q. Right. It doesn't matter what happened in 1992 or 1998, or any time?
A. It doesn't matter. If today, he tells me face to face, 'Nagib, stop', I will stop.
Q. But if the letter is genuine, and he has told you in writing to stop, you would also stop?
A. If the letter is genuine, and he tells me, 'This is a letter which I have composed and signed', I will accept.


N. Tajdin #236 - #239:
Cross-Examination by Mr Gray.
Q. So, a matter of this importance, when you are asserting forgery, you are not going to produce for me to review, or for my expert to review, the original of either this letter, Exhibit 5, or the original of Exhibit 3?
A. No. I will not, because your client is...if it is the Aga Khan, he can tell me, 'I have signed it and the matter is closed'. We do not need expertise.
Q. well, you might...
A. You don't need a counter-expert. I am really surprised. Why do you need to see the original of the forged letter? You ask the Aga Khan. He is your client.
Q. I have asked the Aga Khan.
A. So, let him tell me that the letter is not forged, and I will accept it.
Q. He has told you in writing, the letter is not forged.
A. Well, this...
Q. And you don't accept that. You might expect that he might be a little annoyed that you have accused all of his various...
A. Mr. Brian, by saying that this letter is forged, I am protecting the Aga Khan. Come on, he cannot be angry at me. He should be happy at me that at least, I am trying to protect his interests. In this whole file, I am the only one trying to protect his interests. Come on.


N. Tajdin #248.
Cross-Examination by Mr Gray.
Q. Right. So, is it not the case that he can...the Aga Khan, His Highness, can give you instructions in writing? You accept that he has to be able to give instructions in writing, doesn't he not?
A. I would accept his writing if they are not forged.
Q. Right. Okay. But there are 15 million Ismailis?
A. Yes.
Q. He cannot possibly meet all of them, can he?
A. There is only one lawsuit against a Murid of the Imam in 1400 years. Surely, he can meet five minutes that person and say, 'I have signed', but he is not doing it because he has not signed those letters.
Q. But he cannot meet all 15 million Ismailis. He has to operate by sending things by writing?
A. Yes.
Q. Do you agree with that?
A. This kind of...
Q. He generally has to operate by sending information in writing?
A. Yes. And this problem has never occurred before. It is once in a lifetime, once in 1400 years.


N. Tajdin #267:
Cross-Examination by Mr Gray.
Q. I see. So, because the first one was forged, everything else you received from the Aga Khan's office must be forged?
A. No. Everything that says that the first one has been written by the Aga Khan is forged.


N. Tajdin #398 - #404:
Cross-Examination by Mr Gray.
Q. But you agree with me already that if he gives you a clear indication in writing, which you understand or believe to be from the Aga Khan, you will stop doing it?
A. At this point, anything in writing will be questioned.
Q. You will question anything in writing?
A. Yes, because there are so many forgeries in this file that I will not accept a letter.
Q. You won't accept a single thing that comes from the Aga Khan in writing?
A. Not in contradiction to what the instruction he has given.
Q. So, no matter what it says in writing, you won't accept it? No matter how many times he writes to you? No matter how many people...
A. If the Aga Khan writes to me, it has to be proven that he is the one, because up to now, in this file, there is not even one that I can see which is in the Aga Khan's style, his real signature. The content is always questionable, and I understand, you are not familiar with the Aga Khan's way, but I have been studying it for 30 years. The Ismaili knows, this kind of letter are never written by the Aga Khan.
Q. If I got 50 people who swore that they saw the Aga Khan sign the thing telling you to stop, you wouldn't accept that?
A. If the Aga Khan tells me, yes, I will stop.
Q. No, I am telling you, if you got in writing, from 50 different people, that they had seen the Aga Khan sign a document saying that he did not consent, you wouldn't accept that?
A. Mr. Gray, you can bring me a million people. Because the Aga Khan has given the instruction to me, he is the only one who can tell me these instructions are no longer valid. No other
people can tell me that.
Q. No person, but...yes, I understand that, but what I am suggesting to you is, if the Aga Khan tells you in writing not to do it, you won't accept it, even if a million people confirm that
that is the Aga Khan's writing?
A. Even if ten million people, because that is not the point. It is beside the point.


N. Tajdin #415 - #418:
Cross-Examination by Mr Gray.
Q. So, you don't want to examine Mr. Gleason to see if there was somebody who looked like the Aga Khan appeared? You don't want to ask him...
A. There is no need for that. I was not there.
Q. You are not going to show him a photo of the Aga Khan, and say, 'Was the Aga Khan there? Is this the person you saw?'
A. I would not do that, because this would be meaningless. If the Aga Khan has made this lawsuit, let him come and say for one minute, 'Nagib, stop', and I will stop. There is no need for this Gleason and notary, letters, and he would not even need someone to forge his signature if he was behind this.
Q. What if the Aga Khan doesn't want to see you, because you have asserted forgery? Has that ever occurred to you that he might not want to see someone who is asserting forgery against all of his employees, and against his secretariat, and against the secretariat of Prince Amyn? Has that not occurred to you that he might not want to see you for that reason?
A. Mr. Gray, I think he would be very happy to see me, because I am trying to protect his interests, not mine. And there is no accusation against the Aga Khan. I have never insulted him.
Q. And what about the precedent of giving an interview or an audience with somebody who is asserting criminal activities on behalf of his own staff? What about that precedent? Do you think that is a good precedent for him?
A. Well, I would not comment to you. You know, in North America, there are enough cases of corporation where people on the top have been betraying the shareholders, so let's not go into this, please.


N. Tajdin #450 - #451:
Cross-Examination by Mr Gray.
Q. ...and that somehow, now, having received the book, and the lawsuit having occurred, and the announcement by the International Leaders Forum having occurred twice, and two letters having been sent to you purportedly from the Aga Khan, and purporting to have been forged, and you have now asserted widely that they are forged, it has been widely circulated, and you are telling me that the Aga Khan, His Highness, would not step forward to stop this, if, in fact, he had not authorized it?
A. I would tell you exactly the same thing, if he was behind this case. For sure, he would step in to stop this case. He would tell me, 'Nagib, stop. I don't want you to print, and I will say there is no need for a lawsuit'.
Q. So...
A. I will stop...


N. Tajdin #470 - #476:
Cross-Examination by Mr Gray.
Q. So, you have put this settlement offer on the record in your other motion, haven't you?
A. Mr. Gray, a follower doesn't do settlement with his Imam.
Q. Right.
A. It can't happen.
Q. So, when I offered to have you have a meeting with the Imam after you agreed to settle the matter, the case?
A. You wanted me to sign some
Q. Right.
A. ...which were against my faith.
Q. That is why the meeting didn't take place, because you didn't agree to that, right?
A. That is your point of view.
Q. Right?
A. I don't believe in that.
Q. Yes, you don't believe, because you think I don't represent the Aga Khan?
A. I don't believe that the Imam will refuse a two-minute meeting which can avoid to him a lawsuit.


Jiwa #125:
Cross-Examination by Mr Gray.
Q. But if we got another affidavit from another person that had seen the Aga Khan, would that convince you?
A. Listen, you can do what you want to do. I won't tell you how to conduct your litigation, sir. You don't tell me how to conduct my defence or what evidence I put in or who to cross-examine. I have told you my position. You have given your evidence as you have.


Jiwa #129 - 132:
Cross-Examination by Mr Gray.
Q. And you questioned Mr. Gleason. He has given evidence, hasn't he?
A. Mr. Gray, I have been a keen follower of His Highness Prince Karim Aga Khan and...not only him, Sultan Mohammed Shah right back to...right to the prophets. I have read a lot of history. And for me to make judgments...I mean, if you tell me that, you know, if another affidavit comes in, for me to make judgment, I know my Imam how he works, how he operates. Right now, to me, all of this stuff seems odd. They are inconsistent with the constitution. They are inconsistent with the Farmans that he has made. They are inconsistent with our oral tradition of 1,400 years. So I have a hard time believing and accepting.
Q. I understand you have a hard time believing. I think we understand that.
A. Yes.
Q. But, nevertheless, you would accept...you understand that affidavits are often accepted by lawyers everywhere all over the world?
A. And I think you are aware that false affidavits are being filed here and there. It does happen.
Q. I..
A. Excuse me. Courts also routinely get defrauded by people.
Q. And you are suggesting that is what I am doing.
A. No, I am not suggesting. I am saying I am not satisfied.


Jiwa #138:
Cross-Examination by Mr Jiwa.
Q. Can you give me some indication of a motivation why Mr. Gleason would lie?
A. Lawyers get duped by clients every now and then. I think you can look at cases. You can look up reports. If you just look up the Law Society's fraud website, you will be able to see in Ontario about 30, 40 lawyers have been defrauded, essentially based on false ID. Law Society has changed its rules for even doing real estate transactions based on fraud that has been perpetrated. I don't believe that those lawyers are committing fraud. They are victims of fraud.


Jiwa #308 - #315:
Cross-Examination by Mr Gray.
Q. There is one more question I wanted to ask you. Is it your position that His Highness has the absolute and unfettered right to withdraw his consent to the publication of these materials at any time?
A. Yes, he does.
Q. And so if he, in fact, has withdrawn his consent now or at any time since the lawsuit started, that is the end of the matter, regardless of what might have happened in 1992?
A. Yes. You know what? If His Highness personally desires to stop everything, it just stops. He is the boss.
Q. Right. Whether he gives that to you generally in writing or whether it is in person...
A. Generally, no, as I said earlier...
Q. You don't want to accept it in writing but...
A. No. I would accept in writing. The problem that I have right now is this issue of whether...for me, I have a grave concern that he has been misled. It has happened in the past. To you it might sound, 'Oh, well, this is...' but it has happened in the past. So, I would...I am hesitant to accept it in writing. Your e-mail said that if you don't accept it, he wants to pursue with the litigation. So, he has repeatedly told us that if we have any concerns, we can discuss with him. He has told us this. He says, 'I am here to guide my Jamats'. He says, 'Ninety percent of my time should be spent for the Jamats', so we are entitled to...he is like our father. He is not a CEO of a corporation. He is like our father and we are entitled to...if I put it another way. We are entitled to beg him to allow his Farmans to be distributed to the Jamats because he wants the Jamats to be guided. So I am entitled to make a plea to him as a Pir. He is our current Pir as well as actually I think it might even be in the constitution that he is the current Pir, so I am entitled to take our pleas to him and, you know, he
is our spiritual advisor. It is just like Jesus is to Christians.
Q. Right, I understand.
A. So at this moment and this state in time, this litigation is completely contradictory to what he has been telling us all along. This is why I appreciate that you are counsel and I appreciate your comments on that, but I have grave concerns. And so as much as you say I have unfettered...I mean, if he tells me to jump out of this window I won't think think about it. And I hope I can maintain that faith; right? So if he tells us and if I am satisfied this is him, I will do it.
Q. And even if it is in writing, if he tells you that it is not to be done, you will do it? Whether in writing or in person; as long as you are satisfied...
A. That it is from him.
Q. Right.
A. Absolutely. There is no question about it.
Q. And that vitiates, if you will, or cancels or annuls any prior consents that may have been given in 1992 or at any other time?
A. Mr. Gray, it would make no difference whether there is consent or not. He says no, the matter is over.

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.

[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
]


N. Tajdin #364:
Cross-Examination by Mr Gray.
Q. Can you identify that as an announcement made by the Ismaili Leaders' International Forum to the Jamatkhannas?
A. Yes.
Q. And so this was on or about April 15, 2010, read to all of the prayer halls at Jamatkhannas?
A. Yes, around that date. I think it
was read the previous day in Canada, the next day in
Nairobi.
Q. So, again, the whole international...the Leaders' International Forum, that is what the LIF is, right? The Leaders' International Forum?
A. Yes.
Q. Those are the leaders of the Ismaili...can I call it religion, Ismaili religion?
A. Yes.
Q. Ismaili religion. They are the leaders of the Ismaili religion, and the National Council. All of them have issued this announcement, in the Jamatkhannas worldwide?
A. I would say it is not all of them. When a corporation gets an announcement out, it is not everybody who is involved. Maybe one person has drawn this, and sends it to be read.
Q. Okay, one person...
A. How can I know?
Q. But circulated it around to the institutions, to go...
A. Yes.
Q. ...through the procedure, right?
A. Yes, circulated all over the place.
Q. Before it was read, it would have been circulated around to the institutional leaders to review.
A. I am not sure. How can I know? I am not part of them, so I don't know what is the procedure there.
Q. Is it conceivable to you that His Highness would not have been aware of the reading of this announcement?
A. Yes, it is conceivable. There are announcements every Friday, every important days...
Q. Does the announcement...
A. ...there are so many of them.


Sachedina #727 - #745:
Cross-Examination by Mr Tajdin.
Q. Okay. How was these four countries affected chosen? In 39 you say: 'As this represented a grave and unprecedented step, His Highness authorized the LIF to issue a second announcement.' Was this done in writing?
A. No. He called me.
Q. He called you?
A. Yes.
Q. So you prepared the announcement?
A. Sorry?
Q. You prepared the announcement?
A. No. He called me. He himself had done a lot of work on the announcement, and he was giving me instructions to say that these are the four countries he wants. Because originally -- normally, announcements of the LIF go global, but in this particular case, it was His Highness's wishes that to keep this announcement in only those four countries.
Q. So you said His Highness had worked quite a lot on this second announcement. Has he shown you a memo or some notes or something which became the base of that second announcement?
A. I'm not privy to Hazar Imam's own work that he does with his staff.
Q. Okay. So announcement, Hazar Imam told you his notes over the phone?
A. No. He himself read out the components to it. It says this is what he wants to say. Because all of these quotations were he -- he wanted those quotations put into the announcement.
Q. So you took some notes during that phone conversation?
A. No, because I was in a car and he was telling me on the phone and I was driving from wherever it was to the airport. So I was being told by -- he was reading it out to me.
Q. So you did not take any note of --
A. No. And he then says that Sherbanoo or somebody will send me the -- whatever the final draft will be.
Q. That's fine. So did Sherbanoo send you the draft?
A. I would presume there must be a draft somewhere, but I haven't got -- I can't tell you that I have definitely got --
Q. Mr. Sachedina, can we have it as an undertaking to provide --
A. It's privileged. As I said to you, what Imam sends me is privileged communication.
Q. It's draft of something which was read -- (inaudible)
A. But I don't know --
Q. Do you agree to it? It's a draft --
MR. GRAY: We don't agree to produce it. We'll take it under advisement though. You want the draft of the announcement of April --
--- UNDER ADVISEMENT
BY MR. TAJDIN:
Q. Yes, I would like to see --
MR. GRAY: April the 15th, I think it is.
BY MR. TAJDIN:
Q. The draft which Mr. Sherbanoo sent to Mr. Sachedina?
A. No. The draft of the final text that Hazar Imam authorized --
Q. So it came from Sherbanoo --
A. Sherbanoo's office, who said this is the text which Hazar Imam has authorized.
Q. Do you remember approximately at what date?
A. It was the day -- the day the announcement happened.
Q. So the same day it was read?
A. I think it was either the same day or the evening. Because I think I was on my way -- it's my recollection, and I want to make it recorded it was my best recollection, and I was in -- and I was going -- and I was travelling to London, and it was on the road that I got this message, and that is when this thing was. And he then says 'I am now authorizing you to release this announcement through the LIF. Talk to Azim, talk to everybody, this is the position.'
Q. Okay. So that announcement was released by the LIF, not by the Council or their institution?
A. No. It came -- as I said to you, it was released through --
Q. By the LIF?
A. LIF.

Contradiction: Did Nagib'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.

[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 #820 - #821:
Cross-Examination by Mr Tajdin.
Q. So D-1 would be a letter purported to be from His Highness Prince Aga Khan, Council for Kenya, dated 5th of July.
MR. GRAY: It appears to be, yes, on its face.
EXHIBIT D-1: Copy of letter dated July 5, 2010, from Nausherwan Parekh, His Highness Prince Aga Khan, Council for Kenya, to Mr. Nagib Tajdin, Nairobi.
BY MR. TAJDIN:
Q. Informing that parcel was sent to Mowlana Hazar Imam on 8th January by courier DHL, and there is a confirmation of the DHL.
MR. GRAY: My understanding is with DHL -- with that number, you would be able to determine when it was delivered to his address.
MR. TAJDIN: Yes. Yes. The DHL delivery sheet, you can see the last entry. It is the same number, the same number as in the Council letter. Last -- second page, last line. And from what I read, they delivered the three parcels to Aiglemont. One was 2-and-a-half kilo from Nairobi to Sherbanoo Moledina.


Sachedina #826:
Cross-Examination by Mr Tajdin.
Q. And DHL is saying that this number of waybill, which is 2-and-a-half kilo, was delivered on 8th of January. We just want to cross-check that this is the information which is in Aiglemont, that this is the date it arrived?
MR. GRAY: We'll take it under advisement.


Sachedina #900 - #916:
Cross-Examination by Mr Tajdin.
Q. Okay. Now, the way it works, you know when you reply to an email, the first email goes below. So the first email is 7 January here, and you are saying. 'Dear Naguib, could you please advise me of the date when you sent the submission to Hazar Imam as his office have no knowledge of this.' Right? You remember that email?
A. On the 7th of January?
Q. Yes.
A. Yes. I checked out and there was no --
Q. And you were right because, as you see, DHL is saying that they came on 8th only.
A. Well, I'm sorry, I didn't -- on that day I --
Q. You are right, it was not there.
MR. GRAY: Just accept that he's saying you're right.
MR. TAJDIN: You always say yes when someone says you are right.
HE DEPONENT: No, but I just wanted to make sure. It's the 7th; right? This is the 7th of January.
BY MR. TAJDIN:
Q. Then on 10th, on 10th, you were looking for it and you had not find it; right? So you sent me another email saying, 'I have no response from you. Please respond or call me asap.' [as read] True?
A. Yes.
Q. So on 10th the envelope was there --
A. I didn't check.
Q. -- you were looking for it but you did not find it?
A. Not for the envelope. Please understand, I'm not looking. The mail manager says that we have not --
Q. There is nothing?
A. Well, I mean this is because -- His Highness said to me you have said that the letter is coming. I have not seen the letter.
Q. Did you check with the Kenya Council if I had given them a letter to send to Aiglemont?
A. That they confirm.
Q. So you told His Highness that my letter is coming?
A. It's on its way but I haven't seen it.
Q. You haven't seen it?
A. It's in the system.
Q. So that day I replied to you the same day, 'The sealed envelope has gone through proper channel a week ago Monday'?
A. Absolutely.
Q. So at that time you knew, on 10th, that the letter was coming, His Highness knew that the letter was coming, you knew that I had given it to the Kenya Council, the Kenya Council had confirmed to you that it's coming; right?
A. Correct.
Q. And before it came, there was already an announcement in jamat khanas, first one?
A. But that was no connection with the letter.
Q. Okay.
A. To me, the letter coming and Hazar Imam's announcement have no relation --
Q. Okay. So Hazar Imam didn't want to know what was in my letter before making the announcement?
A. The announcement issue just came simply because we wanted to make sure that this issue -- because he knew about the publication.

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.

[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 #505 - #509:
Cross-Examination by Mr Jiwa.
Q. When did you first see this letter?
A. After it was -- I was given a copy of this letter after it was sent to you, to Nagib. But I had seen a draft.
Q. Of the letter?
A. Yes.
Q. And did he send it to you for your in--
A. No. He just wanted me to look at the draft and he was going to sign this. And that's precisely -- the date is 18th of February.
Q. And then you reviewed the draft before he sent it out?
A. I saw the draft.
Q. Before he signed and sent it over?
A. Yes, I saw the draft.


Sachedina #697 - #702:
Cross-Examination by Mr Tajdin.
Q. Do you remember if he was travelling at that time?
A. I believe so.
Q. Okay. So that letter he wrote on 18th was not written from Paris then. From where --
A. Which letter are we talking about; the first or the second letter?
Q. The second.
A. I believe he was not at base at that time.
Q. He was not. Do you know which secretary typed that letter?
A. I understand there's a correspondence from Ann-Valerie.
Q. Did she type that letter?
A. Well, she was a secretary I believe accompanying His Highness, to the best of my knowledge. I believe that she was a secretary travelling with His Highness at the time.
Q. Okay. Is it -- okay. We'll leave it at this.

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.

[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 #570 - #573:
Cross-Examination by Mr Jiwa.
Q. Right. Nagib Tajdin had said to you that -- in his letter that he needed clarification?
A. Yes.
Q. Right? And my question is a narrow question; all right? Did you ever raise the topic with His Highness or did he raise it with you? Did you both discuss what kind of --
A. I wasn't involved. That was between -- I think that was between --
Q. My question is not involved. Did he discuss with you or not on that --
A. No. No.
Q. Did you discuss anything? Did you ask him on that point?
A. No.

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.

[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
]


N. Tajdin #333:
Cross-Examination by Mr Gray.
Q. And this announcement was made on behalf of all of the Ismaili Leaders' International Forum?
A. It says for Ismaili Leaders' International Forum, Council for Canada and Tariqah and Religious Education Board for Canada.
Q. Right.
A. That is an awful lot of people. institutions; do you see that in the second paragraph?
A. Yes.
Q. Right?
A. In fact, our constitution has separated all these institutions, so it is always surprising to see something like that, that this is an announcement by more than one institution.
Q. So, the whole of all of the institutions?
A. You know it cannot happen...
Q. They all ganged up against you?
A. So many people...obviously, they have not been consulted.
Q. They have ganged up against you, all them?
A. No, this is an announcement which been sent probably by Dr. Sachedina, 'Please read that, in Jamatkhannas'. As simple as that.
Q. He has the authority, on his own, to send an announcement to all the Jamatkhannas, to the whole world, on his own?
A. If Dr. Sachedina sends an announcement, nobody will question him.
Q. He has the complete authority to send an announcement to the whole of the Jamatkhannas in the whole world on his own. Is that your evidence?
A. He has portrayed to the institution that he is the boss.
Q. I didn't ask you that. I said, does he have the authority, on his own, to send to all of the Jamatkhannas in the world an announcement, on his own, without consulting anyone else?
A. He doesn't, but he does.
Q. He does not have that authority?
A. But he does do it, and people follow him. It is not...I am not the only one to fear him. Everybody fear him. He is quite a strong person who has a lot of influence.
Q. And who appoints the...Shafik Sachedina?
A. The Aga Khan appoints him.
Q. Can the Aga Khan fire him at will?
A. I believe he will.


Jiwa #140 - 141.
Cross-Examination by Mr Gray.
Q. Are you aware how these announcements become approved for circulation in the JamatKhanas?
A. No.
Q. You are not. Do you know how many leaders have to review them before they are circulated to the JamatKhanas in any country or worldwide?
A. No, I don't.


Sachedina #444:
Cross-Examination by Mr Jiwa.
Q. My question was who drafted it?
A. I've told you the process. It is done by the LIF Secretariat with the chairman of the LIF, myself, and the president of the council where the jurisdiction is of the countries involved were consulted.


Sachedina #561 - #562:
Cross-Examination by Mr Jiwa.
Q. I refer to your paragraph 22. You say: 'At this time, the community leaders agreed with His Highness's guidance that the Ismaili community worldwide should be informed that Mr. Tajdin's Farman Book was an unauthorized publication that should not be supported.' Now, when you say 'community leaders,' who do you mean by 'community leaders' here?
A. I explained to you that this announcement was with the -- there was the chairman of the --
Q. Just those? Nobody else?
A. -- community leaders because it's the apex of the body, the head of the body, the chairman, and the head of the Jamati Institution, the president of the councils of countries involved where this issue was from a jamati perspective, they knew he was from Canada and Kenya, Nagib was.


Sachedina #710 - #726
Cross-Examination by Mr Tajdin.
Q. There are a couple of things. Now, it says that His Highness communicated with Mr. Mohamed Manji. Would you know if it was verbal or with a memo or an email?
A. I was told -- I'm given to understand by Mohamed that he spoke to Mohamed.
Q. Okay. So the Imam calls --
A. President.
Q. -- Council presidents --
A. Yes.
Q. -- and important people; right?
A. He does call.
Q. When it is something important, not every day, every moment?
A. No.
Q. And --
A. It's up to the Imam to decide when and for what purpose.
Q. I agree. Now, 38, it says that you informed the LIF. Is it not true that chairman of the LIF is appointed directly by the Imam?
A. Absolutely he's appointed by the Imam.
Q. And the Imam can talk to him directly?
A. Yes. He has absolutely --
Q. Does he do that sometimes, talking directly to the --
A. Yes. He speaks to the LIF chairman.
Q. And the chairman is Mr. Lakhani?
A. Dr. Azim Lakhani.
Q. Dr. Azim Lakhani. Where does he live?
A. He lives in the U.K.
Q. In the U.K. In London?
A. In London.
Q. Okay, that's fine. But the Imam did not call Mr. Lakhani; you informed Mr. Lakhani? When you say you informed the LIF, in number 38, do you mean in the meeting; right?
A. I informed the chairman.
Q. And he called a meeting?
A. First the chairman, and then I asked the chairman, because Hazar Imam spoke to me on the phone, called me and said that, 'I want this conveyed to the members of the LIF.'
Q. And he did not --
A. The first I spoke to chairman --
Q. Mr. Sachedina, he did not call the chairman of the LIF?
A. Because he wanted to discuss other matters with me, and while he was speaking with me, he -- it was he who called me.
Q. It was not important enough for him to confirm directly to Mr. Lakhani that --
A. That was the Imam's prerogative, to decide who he speaks, for what purpose.

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.

[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 #306 - #309:
Cross-Examination by Mr Jiwa.
Q. I'm going to ask you to refer to your Affidavit's Exhibit B in your Affidavit. Now, this says, 'ITREB Canada Farman Dissemination Process.' And you've given this as part of your evidence. And where did you get this from?
A. This is a document that has been the process that they follow in Canada, and I asked them just to make sure -- that the Imam wanted to see what the process was. So that's what they put down, is a process which has been what is in place in Canada.
Q. And so who gave this to you?
A. It came from the National Council president.
Q. From Canadian president?
A. Yes. Because it was through the ITREB Canada to give to the president and it has come. Because it was a process that we just wanted to make sure that what is the process followed, and that's what they have given, that this is the process they followed.
Q. All right.
A. And it was given to me, and I also submitted this to Hazar Imam.

Can anyone else sign for the Imam?

Mr. Sachedina dispels the rumours that someone else is allowed to sign for 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
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]


Sachedina # 503
Cross-Examination by Mr Jiwa.
Q. Do you know if anybody other than Hazar Imam signed this?
A. No way can anybody sign a letter that's purporting to be from the Imam of the Time.

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.

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.

[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
]


N. Tajdin #580 - #584:
Cross-Examination by Mr Gray.
Q. And I am referring you to Article 14.1(c)?
A. Yes?
Q. And (c) says: '...Without the permission in writing of the National Council obtained through the regional council...' Have you ever requested the permission of the National Council under that article?
A. I didn't have to.
Q. I didn't ask you that. I just asked you, did you ever request the permission in writing of the National Council?
A. No, because I had consent from the Imam.
Q. Okay. And I take it you never asked...just to be specific, you didn't ask the permission in writing of the National Council to print or publish or circulate any material that is on behalf of, in the name of, or relating to Mawlana Hazar Imam, the plaintiff?
A. I don't believe it talks of Hazar Imam.
Q. I didn't ask you that, either. I asked you if you ever asked for the permission in writing...
A. No.


Jiwa #45 - #48:
Cross-Examination by Mr Gray.
Q. Okay. I am showing you a copy of Exhibit 13, which I understand you have a copy still there from this morning.
A. Yes.
Q. And can you identify that as the Constitution of the Shia Imami Ismaili Muslims?
A. This is part of the constitution. Our constitution consists of two parts; the constitution and the rules and regulations for each country.
Q. Right.
A. The 1986 constitution that was distributed in Canada had within that document the constitution as well as rules and regulations. This is just the constitution. The rules and regulations are still embodied in the 1986 constitution.
Q. Okay. And can you produce the rules and regulations for me?
A. I can, yes.


Jiwa #56 - #62:
Cross-Examination by Mr Gray.
Q. And in respect particularly to article 14.1(c), have you ever asked for permission in writing of the National Council obtained through
the regional councils to print or publish or circulate any material?
A. I don't need the council's permission.
Q. I didn't ask you that, Mr. Jiwa. I asked you if you ever...
A. No, because you are...
Q. Please answer the question.
A. You are referring to 14.1(c), so if you are going to refer to 14.1(c) then I am going to say I don't need their permission.
Q. Well...
A. So if you want to ask me without referring to the 14.1(c), then you can ask me without referring to that and I have already answered you earlier that I did not.
Q. Right, so...
A. If you are going to ask me pertaining to this, then I don't need consent...
Q. That isn't the question I asked you. I asked you if...
A. You are referring me to 14.1.
Q. I asked you if you ever asked for permission in writing of the National Council obtained through the regional council to print or publish or circulate any material: Yes or no?
A. You already asked me earlier, and I said no.


Sachedina #261 - #269:
Cross-Examination by Mr Jiwa.
Q. I'm going to go back to that. I said to you: Is there any farman or any article in the Constitution that says that farmans cannot be released for distribution to the jamats before the Imam has edited and approved them? That's my question.
A. It is not in the Constitution, but that's a process established by the present Imam.
Q. So what I'm saying to you --
A. Imam is above the Constitution, I explained to you. He transcends the Constitution in a sense that even if the Constitution is there, Imam has a right to do what he wishes to do. He has the authority to change or to decide or to alter or to do whatever he wishes to do.
Q. I'll come back to that in a second. I just want to focus on the question that I asked you. My question, and I'm going to repeat it again: Is there any article in the Constitution or is there any farman that says before any farman that has been made by the Imam, before it is distributed to the jamats, has to be edited and approved by the Imam? That's my question.
A. Not in the way that you describe.
Q. Now, you said earlier -- as you were just answering this issue, I see your lawyer is pointing you to something?
A. The same --
MR. GRAY: Article 14.1(c).
THE DEPONENT: That's the one that I read. Because you're talking about the issue of editing and the issue about farmans, and this to me is the article. That's why I quoted you that article.
Q. Sir, the article that you are quoting me, the 14.1 that your lawyer also is pointing you to see, show me where does it say that it's the Imam who is going to edit and approve before they are released. On the
contrary, it seems to suggest that National Council can do that decision. You are saying all along that the Imam approves and edits farmans?
A. National Council has no authority to edit farmans.
Q. But you're pointing to this --
A. No, it's not. I'm talking about, very clearly, the provisions in this Constitution that gives unfettered right to the Imam.
Q. Okay. 14.1(c), where does it say the Imam has to approve or it gives him the unfettered right, 14.1(c)?
A. No, but it's Imam you're talking about that there is -- anybody who prints, publishes or circulates any material.
Q. But this is not my question. I mean --
A. The questions you are asking is Imam edits, is it in the Constitution, and I'm saying to you not the way as you've described it in the Constitution. I'm saying there are provisions but not the way about editing
or the way that you describe, it's not that.
Q. Now, I'm suggesting to you that what you are saying is simply your opinion and perhaps Mr. Keshavjee's opinion and perhaps other leaders' opinion. But I say to you that the Constitution nor any farman says that a farman that's been made by the Imam may not be distributed to the jamat before it's edited and authorized by the Imam?
MR. GRAY: You've already indicated these are questions of opinion. The Constitution is here. The interpretation of the Constitution I'm sure you will argue before a judge. We'll read the words of the Constitution, and so far as it's relevant, we'll deal with it as a matter of interpretation.
THE DEPONENT: I take my instructions from His Highness, and that's what His Highness has conveyed to me.


Sachedina #370 - 388:
Cross-Examination by Mr Jiwa.
Q. Now --
A. For the present time, this Imam has authorized the ITREBs to be the body, relevant body for publications or, rather, distributions of all the religious matter, according to the constitution.
Q. There is nothing in the Constitution that says ITREB has been given this power?
A. It is there. If you come back to that ITREB, as I say to you, if you look at the -- all the materials relevant to the Islam and the Ismaili tariqa, that if you look at --
Q. Which clause?
A. 8.4(d). And that is the role. If you look at tariqa and Religious Education Board, if you look at that, it says, '...undertake the publication of books and material on relevant aspects of Islam and the Ismaili
Tariqah;'
Q. And he talks of books and materials; right?
A. Yes. On Ismaili tariqa, farmans are part of the tariqa material.
Q. All right. But it doesn't specify farmans, does it?
A. It's included. It's inclusive.
Q. So why --
A. Ismaili tariqa has material, and the tariqa board is responsible, and farmans are part of the Ismaili tariqa, and the doctrine of the Ismailis, sir.
Q. Isn't that contradictory to everything you've been saying to date?
A. What?
Q. You are completely contradictory. You are contradicting yourself, sir, aren't you?
A. What -- the farmans --
Q. You --
A. Release of the farmans, this is the body that actually releases the farmans for the jamat. The process we're talking about, earlier on you said ITREBs, and I said ITREB, yes.
Q. Fine. So if you look at 8.4(b) and if that is your jurisdiction to say ITREB has jurisdiction over farmans, then why do you need Hazar Imam's approval?
MR. GRAY: Look at the beginning of 8.4.
BY MR. JIWA:
Q. Where does it say --
A. It is always done under the behest of the Imam.
Q. Excuse me, sir, where does it say that approval for approval for publication of farmans --
A. If you read 8.4, it says: 'Each Tariqah and Religious Education Board shall under the direction and guidance of Mawlana Hazar Imam.' Not without his directions or guidance. And I want to point out to you it will therefore under Imam's direction undertake the publication of books and materials of relevance to Islam and Ismaili tariqa. The distribution process is part of the responsibility of the tariqa board once given authorization by the Imam of the Time. Does that not make sense to you?
Q. No, it doesn't, because it is one thing to say under the direction and guidance of Mowlana Hazar Imam, and it's another thing to say you need his prior approval. If you look at the Rules and Regulations, if you
look at the Rules and Regulations, function 24, those are the powers that have been granted to each local tariqa board.
A. But that's local tariqa board. You're talking about the national tariqa boards. Because the farmans, I kept on telling you, they come to the national boards, not the local boards.
Q. Right.
A. It's the national board that directs them.
Q. All right. Now -- and this is what you are saying is a breach of the Ismaili Constitution?
A. The article -- in my view, both article 14.1(c) and article 8.4(d) are -- very much work together.
Q. Right. And those are your authority --
A. And I've told you --
Q. Yes?
A. -- there's the Constitution. You have -- the letter from the Imam of the Time telling him not to do that. You have the second letter from the Imam to tell you not to do that. You have an affirmation that says not to do that. And then you also have very clearly the Statement of Claim which was filed by the Mr. Plaintiff, the Imam of the Time saying I don't want you to do that.
Q. Sir --
A. So there are four documents telling you not to do that. Five documents now.
Q. Those documents you know are being disputed by us. But we'll come to that. We'll come to that.

Who Can Print Farmans

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

[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 #848 - #849:
Cross-Examination by Mr Jiwa.
Q. Would you say it's the prerogative of the Imam to decide who to tell to print the farman?
A. The ultimate authority when it comes to printing the farmans, publishing the farmans, Hazar Imam will direct. Any institution within his power, constitutional bodies, IIS -- anybody, he will decide who be able to do the printing.
Q. Does he have the right to give it to any other person?
A. Absolutely his complete prerogative.

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.

[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
]


N. Tajdin #152 - 158:
Cross-Examination by Mr Gray.
Q. ...You received the letter that is now Exhibit 3, as you said, by e-mail?
A. Yes.
Q. Right.
A. First by e-mail, then I insisted to receive the original...
Q. Right.
A. ...and I received it after quite a long time, maybe three weeks.
Q. Right. And you said...
A. And I had to insist many, many times to get the original.
Q. And you received the original when?
A. Sometime in February, mid-February.
Q. February 13?
A. That is likely.
Q. But in the meantime, you sent the photocopy, didn't you, or the electronic copy you had received, you sent it to two experts for examination?
A. Yes, I did.


N. Tajdin #179:
Cross-Examination by Mr Gray.
Q. Based on that, you are accusing Ms. Parkes of criminal behaviour, are you not?
A. Actually, it is not only because of the expertise. The content of the report...you know, for an Ismaili who will read this letter, it is very evident that His Highness has not written this letter, but the expertise was needed for people who are not Ismaili, who cannot, from reading the letter, know that this is not written by the Imam.
Q. I asked you a simple question. Based on the...at this point, you received only a photocopy of the letter...
A. Yes.


N. Tajdin #187 - #251:
Cross-Examination by Mr Gray.
Q. Okay. But will you agree with me that...okay, let's deal with the next one. And you circulated this allegation of forgery, did you not, to other people?
A. I sent...yes, I sent to a couple of people.
Q. Who did you send it to?
A. I will not give you names.
Q. Okay.
A. If you want reason, I will give you reason why. Do you need a reason why...
Q. Sure. Why are you not giving me the names of the people you sent it to?
A. In this file, whenever there is a name which goes out, for example, Karim Alibhay, he gets harassed the whole day and night, he gets phone calls, threats, so I am not going to give any names.
Q. All right.
A. It would not be fair for the people, right?
Q. Right. But in any event, you circulated it to people who you knew were going to circulate it to other people?
A. No.
Q. You circulated...
A. No, when I circulated, it was under
the understanding that this was to be contained.
Q. But...
A. Even when I received the letter from...one of the original, from the president of the Aga Khan council in Nairobi, I had a small discussion with him, and he told me he didn't want me to talk to anyone about it, and I said, 'No, it has to be contained, because people will lose faith in the leadership if they know these things are happening'.
Q. So, then, you...
A. And it was not...
Q. How many people did you send the...
A. A couple of them.
Q. A couple of them? Two people, you sent the notice...
A. Two or three.
Q. ...you told them...two or three?
A. Yes.
Q. At that point?
A. Yes.
Q. Subsequently, you said you told other...
A. Well, after the lawsuit, it was apparent that everything would come to the light, so...
Q. Even before the lawsuit, you sent it to other people, didn't you?
A. No.
Q. Even before the lawsuit, it was widely known on the Ismaili Heritage website, wasn't it?
A. Before the lawsuit, no, absolutely not. There was nothing on that subject on ismaili.net before the lawsuit.


Jiwa #206 - #253:
Cross-Examination by Mr Gray.
Q. Yes. So, when did Mr. Tajdin tell you about the forgeries of the letters, the alleged forgeries of the letter of January 24 or February 18?
A. I don't recall the exact date, but it was in...when he received the first letter. It may have been the very day or the next few days is when he told me that he had received a letter.
Q. And at that point he told you it was a forgery?
A. I don't think at that point he told me, but I was actually in disbelief when he told me that he has received a letter.
Q. You didn't believe that His Highness would have sent a letter telling you not to do it?
A. Yes. I was in disbelief and I said, 'You know what? I don't believe it'. The funny thing is he didn't send me a copy of the letter.
Q. Who is 'he'?
A. Mr. Tajdin did not give me a copy. He just told me that on the phone. and...
Q. So, you were in a state of disbelief
A. I was, yes. I was.
Q. But did Mr. Tajdin tell you at that time that the letter was a forgery?
A. You know what? I don't think he told me the very first day. I think he told me maybe a few days later.
Q. A few days later.
A. A few days later.
Q. Before he had sent it to an expert. He just knew it was a forgery?
A. Yes, before he sent it.
Q. And...
A. I suggested, I said, you know...actually, Nagib told me his mother told him that from the letters that she has, this is not Imam's signature at all. So I told Nagib, I said, 'Look, when we have a situation like that, we send it to an expert'. So I found the two names and I said, 'Let's send it for them'.
Q. And so you helped him send the two...the letters to an expert?
A. I didn't help him send. He sent it straight, because even after we received the reports, I did not see the letter.
Q. You didn't see the letter. But you saw the reports?
A. I saw the reports.
Q. And did you give the experts any instructions as to what to do?
A. No, I did not communicate with the experts, except for one I paid for. I paid for one of the experts.
Q. Which expert?
A. I would have to look it up. One of the two.
Q. One of the two, Carlson or Petinatti. I'm sorry, Carlson or...
A. Because, you know, Nagib's...
Q. It was not Ospreay, though?
A. Ospreay...the first two experts... one of the two I paid. One of the two I paid. Nagib's credit card was not going through. She was trying to ring it through and it wouldn't be accepted, so Nagib told me if I can pay. So then I paid from here.
Q. So...
A. I don't know. One of the two.
Q. Petinatti or Carlson?
A. Yes.
Q. Right. Okay. And how many other people did Mr. Tajdin tell about the forgeries?
A. In terms of experts?
Q. No, no, just in terms of people. He told you about the forgery; right?
A. I don't know. You know, the person that I buy the books from, I discuss with him.
Q. So he knew about the forgery?
A. Yes.
Q. This is the distributor of the books?
A. This is the distributor, yes.
Q. Or the alleged forgery.
A. The alleged forgery, right.
Q. And who else did Mr. Nagib tell? A. You know, I really don't know. I mean, Mr. Tajdin and I, although I have known him for almost some 20 years, but we have never been, sort of, friends. We have never visited...I have never visited his home or he my home. We essentially met at some seminars that...at first I met him when he organized a seminar on our Khojki...it is known as a Khojki script.
Q. Okay.
A. So, we have never been in a sense friends that I associated with. I mean, my interest from Nagib was just to get the Farmans from him.
Q. So, who else did you tell about the forgeries, then?
A. At the time it happened?
Q. Yes.
A. At the time it happened, I didn't discuss it with anybody.
Q. February, 2010.
A. I don't recall telling others.
Q. And when is the first time you told someone else about the forgery?
A. After the litigation started.
Q. After the litigation.
A. Yes.
Q. After what day?
A. April.
Q. April...
A. Whatever. It was in April. I first told my mom.
Q. Sorry?
A. I first told my mother.
Q. You first told your mother.
A. Of course.
Q. That is sweet.
A. She was at my home...so I did tell her.
Q. But that was after the litigation...
A. Yes.
Q. ...was started.
A. Yes.
Q. Do you remember when you told her about the forgeries?
A. To whom?
Q. When did you tell your mom?
A. I told my mom after the litigation started.
Q. Well, the litigation started in April.
A. Yes. I don't remember the date, but it was in April. I know after the litigation started.
Q. Was it before you filed your Statement of Defence...
A. Yes.
Q. ...alleging the forgeries?
A. Yes.
Q. Okay.
A. After that, I was telling everybody, including my sister. My whole family was in shock, of course.
Q. This was after you filed or when you filed the Statement of Defence?
A. Yes. Because before filing the Statement of Defence, the issue of even the prohibition and stuff was technically not public. And finally it was Mr. Tajdin who sort of...I don't even know all the distributors. I just know...
Q. The distributors all knew, and presumably they were telling people buying the books that...there were people...
A. At that time?
Q. Well, let's put it this way...
A. Before the litigation or after the litigation? There is a big difference between the two. Before the litigation...I am talking about before the litigation at the moment.
Q. Yes. Right.
A. Before the litigation, the only person who knew was Mr. Tajdin. Then he told me. And then there is this one distributor that I buy books from. I discussed with him about this.

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.

[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 #206:
Cross-Examination by Mr Jiwa.
Q. Now, would you agree with me that your appointment as the Head of the Department of Jamati Institutions and Head of the Department of Diplomatic Affairs at Aiglemont and a Member of Aga Khan Development Network and a Member of the Board of Governors have not been read in jamat khanas by way of talika as other institution appointments?
A. Correct. Because these are all held at the behest of the Imam at the time of his pleasure.


Sachedina #220 - #228:
Cross-Examination by Mr Jiwa.
Q. So when you say 'coordinating,' what do you coordinate?
A. The budgets of the institutions.
Q. Right.
A. The plans we coordinate.
Q. Right.
A. Their activities in terms of what is to be done within the guidance given the Imam of the Time, these institutions are operating within those guidance that he has given.
Q. Do they report to you?
A. Who?
Q. Those institutions?
A. They report -- all of them are appointed by Mowlana Hazar Imam. So first and foremost, all of them are accountable to the Imam of the Time as institutional leaders. Because their appointment is not by me; it is by the Imam of the Time. I am coordinating their activities.
Q. So you cannot direct them what to do?
A. Unless given by the Imam. And I also would be able to look at the directions that the Imam has given that may need to be followed through as guidance for these institutions. So I coordinate that between the Imam and this institution in terms of the functioning of that institution.
Q. So, for example, ITREB Ontario, you say you are also coordinating them?
A. No. Ontario -- first of all, the point of reference is the national ITREB, according to the Constitution. So the national bodies are the ones that we coordinate at the imamat level.
Q. Right.
A. There are regional bodies and there are local bodies. Those are not coordinated in the sense that they are national jurisdiction.
Q. So when you use the word 'coordination,' if I say that your responsibility was just passing messages back and forth the documents that come back to the Imam from the various institutions, you just organize them and send it over to the Imam if necessary?
A. No. If the institutions have a number of issues, their first point of reference in terms of their activities in terms of their what I call 'functional work,' that is the administrative work, the work that they are doing, the point of reference is the Department of Jamati Institutions at Aiglemont through the ITREB coordinator who coordinates, first of all, all the tariqa board activities.


Sachedina #578 - #579:
Cross-Examination by Mr Jiwa.
Q. Mr. Sachedina, as head of the Department of Jamati Institutions, the position that you hold, it's not a position that's recognized by our Ismaili Constitution; it's just appointed by His Highness?
A. It's a position that has been at the behest of the Imam.
Q. Yes, but it's not under the Constitution; it's by his Secretariat?
A. Yes. The Constitutional -- or the position under the Constitution is only the LIF, and I only sit on the LIF on behalf of His Highness as a member of the LIF.

What is the relationship between Defendants and Plaintiff's witnesses?

Both Sachedina and Bhaloo agree that they are in goodterms 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.

[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
]


N. Tajdin #561:
Cross-Examination by Mr Gray.
Q. ...Mr. Sachedina has no power to consent to the publication of Farmans?
A. I agree.
Q. You agree with that, okay. But you also agree with me that Mr. Sachedina does speak to His Highness from time to time?
A. I am sure he does.
Q. And he does convey messages from His Highness to you? For instance, he conveyed messages about blessings for your family, right?
A. Yes, he did.


Sachedina #328:
Cross-Examination by Mr Jiwa.
Q. In fact, in the plane ride you were going to and coming back from Syria in 2001, you know there were two other individuals with Mr. Tajdin?
A. I'll tell you now I have no recollection of who these individuals are or what they do. I have to tell you that. Because I did not look at them from that view. Because my relationship with Nagib has always been maintained on a real cooperative and in a manner of not adversarial at all.
MR. GRAY: Until now.


Sachedina #580 - #585:
Cross-Examination by Mr Tajdin.
MR. TAJDIN: Okay. Shafik, I have a problem because we have been close and I have been calling you 'Shafik,' and I think I will be calling you 'Mr. Sachedina' so at least there is a consistency. But just for court, not between us. I hope you don't mind. It's not meant to be disrespect or distance between us.
CROSS-EXAMINATION BY MR. TAJDIN:
Q. Shafik, you know me since quite a few years now, and we bump into each other at many, many places. I think in Syria, in Cairo, recently in Zanzibar at the opening of the Forodhani Park. Even Nairobi you came for the nation's 50 years?
Q. That was the opening that His Highness also came. And you see me sometimes taking pictures, videos. And would you say that I always remain at a respectable distance of the Imam?
A. Absolutely.
Q. I have never tried to overstep. And would you accept that probably this is because we have a code of conduct, that unless the Imam allows, we would not approach within his privacy area or his short distance or -- you agree to that?
A. Yes, you travel all over the world. I know that, and obviously you travel wherever His Highness goes.
Q. Exactly.
A. And you are around and I know that you show yourself there.
Q. And I never tried to overstep and go and talk and bother him with anything? And that code of conduct also says that unless the Imam allows, we should not talk to him or even give a gift. Even to give a gift, we have to get permission. If Imam note or make a sign that we are allowed, then we approach and we always -- even during deedars it's always in submission; right?
--- Off-the-record discussion.


Sachedina #635 - #637
Cross-Examination by Mr Tajdin.
Q. Okay. Mr. Sachedina, you know my family since a long time also. It's not a family which is disputing all the time with the leadership; right? And you know our relation, we are always respectful and I have never raised my voice; right? Is it right?
A. We've always had a civil discussion.
Q. Right. And we have always been taking tea together when we bump into each other in many countries; right? Right? Yes, I --
A. Yes, well, we have not all the time, but when I am there and you have offered me sometime, I've always had a cup of tea with you.
Q. Okay. And vice-versa?
A. Absolutely.


Bhaloo #114 - #121:
Cross-Examination by Mr Tajdin.
Q. Mr. Bhaloo, you know me at least since 20 years, I think?
A. (Deponent nods head up and down).
Q. We have always had very amicable relations?
A. We still have.
Q. And we still. And when you were president, vice-president, I was living in your jurisdiction in Canada. And would you agree that we have never had a fight?
A. I generally don't like to fight.
Q. And I also don't like to fight. So there is no -- and there has never been any fight between us. I've never raised the tone with you. I have always been respectable; you agree to that?
A. (Deponent nods head up and down).
Q. And you would say the same thing of my family?
THE DEPONENT: All right. I know your family.
Q. You know my family and we are all civilized people; right?
A. Right.
Q. I think we also have some family relation from the mother's side or something; right?
A. Generations ago maybe, yes.
Q. Generations to generations. Okay. Would you agree that may family is well respected in the jamat -- let me rephrase that -- was well respected in the jamat before this announcement and this lawsuit and -- was it very respected? Yes? No?
A. Yes.

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.

[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
]


Jiwa #145 - #178:
Cross-Examination by Mr Gray.
Q. Now, turning to Exhibit C in your...Mr. Tajdin's original affidavit, this is the Golden Edition that you were involved in?
A. Yes.
Q. And have you been involved in the printing of this book?
A. No, I have not.
Q. Have you been involved in the distribution of the book?
A. Yes.
Q. How many of these books were printed?
A. I don't know.
Q. How many have you distributed?
A. I think I have distributed about 80.
Q. Eighty?
A. Yes.
Q. And you distributed these, I take it, by your LISTSERV?
A. No.
Q. You didn't distribute this by the LISTSERV?
A. No. The copies that I sold...one mailed to Chicago. I received a personal e-mail from a person that I have communicated with in the past.
Q. Okay.
A. The rest are all personal within the GT A.
Q. Personal in the GTA, so you...friends or relatives or people you know?
A. Yes.
Q. Okay. And what about your LISTSERV, ILM...you have a LISTSERV, ILM?
A. Yes, I do.
Q. ILM...
A. ILM-net, yes. It is out of University of Manitoba.
Q. And is that something that is a website or it is just something you send out a broadcast e-mail?
A. It is just a broadcast e-mail.
Q. And you distribute the books through that?
A. Not this Golden Edition.
Q. Not the Golden Edition?
A. No.
Q. And some of the earlier books that Mr. Tajdin has, you distributed through your LISTSERV?
A. I have never distributed any through the...other than this one book, I never distributed anything...well, I sent a few to my family in Kenya, but other than that, I have not distributed any over the mail.
Q. Okay.
A. All the books that I distributed are strictly personal. Like, personal meetings, one-to- one. I often deliver them myself.
Q. And the selling price for the book?
A. This Golden Edition is $50.
Q. And the printing price, the cost to you?
A. The cost to me is $50.
Q. The cost to you is $50?
A. Yes. Canadian.
Q. You don't know what the printing price is?
A. I don't know.
Q. And when did you start doing this?
A. I think I got the first batch just before Christmas. Because it was during the Christmas holidays that I visited family and I...yes, I have given them out.
Q. And are you still doing it?
A. I have been too busy lately, so I have not done any lately.
Q. So you have stopped, then?
A. I haven't stopped, but, as I told you, mostly I sell them to personal contacts.
Q. When is the last one you distributed, then, or sold?
A. I think I gave two copies to my brother. He came to pick it up from me. It is about a month. Maybe three, four, five weeks ago.
Q. Three or four or five weeks ago.
A. Yes.
Q- And before that, the two copies to your brother; before that, when was the last one you sold or distributed or gave away?
A. Before that, after listening to this, one of my client's family picked up, I think, four books from me.
Q. And when was that?
A. I am not sure, but I think this is around the time Haz Imam was here. Around May.
Q. Around the end of May?
A. Yes. Mostly this time I have been selling only to people that I have known and in contact with. So, I normally even when my clients come in I don't normally tell them to buy this. But if they hear from somebody else, they might come and ask me.
Q. And how about the audio bookmark? Did you have any involvement in the production of that?
A. No. I have nothing to do with production.
Q. Nothing to do with the production.
A. Yes.
Q. And any involvement in the collection of the audio speeches?
A. No.
Q. Why does the book not identify a publisher; do you know?
A. You know, Nagib told me once...this was way before. I actually asked him this, I said, 'You know what? There should be some contact on there', because quite often people would tell me they don't know...when I sent to my cousin, my first cousin in Kenya, and so they ask for it but I say I normally don't ship them. I don't even I have time. So I told him, I said, 'You should put at least one number or something', and he says, 'Look, we are doing this...so we don't...' my understanding is Nagib is also selling to people that he know, that he knows at this time. So, it has never been, sort of, an issue that we are going to be mass distribution sort of.
Q. Right.
A. So that was my understanding. You know, it is just being sold...and my understanding also is the reason that he put it into book form is he normally was giving photocopies of it and that was taking too much time and energy and they were being, sort of, not placed properly at people's homes. Loose copies.


Jiwa #187 - #205:
Cross-Examination by Mr Gray.
Q. Do you pay Mr. Tajdin for the books?
A. I don't pay to Mr. Tajdin. I pick them up from a local distributor here.
Q. Who is the local distributor?
A. I won't name him now.
Q. You won't name him now. And where do you...
A. Mr. Sachedina knows them.
Q. And who do you pay?
A. To him.
Q. If Mr. Sachedina knows them, why wouldn't you tell me?
A. Because most of the stuff that is going on in the affidavits is becoming public on the websites. There is a new website that has opened recently. So, people do get harassed. Even I get harassed. So that is the reason.
Q. I see. Well, you...
A. I haven't paid him yet. I owe him for the 50 books...for the 96, I believe, I picked up. I haven't even collected the monies, because most of them are my family and friends.
Q. I see. So, 96 books, you haven't collected the money. And of the 96, you have distributed 80...
A. About 80 I have distributed.
Q. So you probably have 16 left then?
A. About 16 or so, yes. I mean, I haven't counted but it is in that range. I have collected some money, but not all.
Q. So your evidence is you have not sold the books over the web?
A. No.
Q. So, when I show you this...let's see. Excuse me. I am going to show you Exhibit 14. That is not you selling the book on the web; that is Ismaili.net ?
A. Well, this is Ismaili.net .
Q. Right, so you have not...
A. I have no connection with Ismaili.net .
Q. And you haven't sold them through the ILM-net?
A. Through ILM-net I put this brochure on as advertising, but frankly I don't have enough time and I primarily have been giving it only to family and friends.
Q. So you have put that brochure on the ILM-net?
A. ILM-net, yes.
Q. The ILM-net, you have put that brochure on?
A. Yes.
Q. So you have advertised the book on the 'net?
A. Yes, I have. No, not on the 'net. You can't call it the web. ILM-net is...
Q. Through electronic e-mail distribution, let me put it that way.
A. Let me put it this way: ILM-net is a group of, if I can say, friends or Ismailis that I admit. So you cannot become a member, even if you are an Ismaili, just like this. So it is like me sitting at home with my friends. So it is a restricted ILM-net.
Q. Restricted Internet circulation; would that be fair?
A. Yes. I only admit them if I do; otherwise I don't admit them. So nobody can join in automatically.
Q. Are you involved at all in Ismaili.net?
A. No, I am not.
Q. You are not an editor of it?
A. I have nothing to do with it. don't even have time if I wanted to.


Sachedina #638 - #639:
Cross-Examination by Mr Tajdin.
Q. ...Now, here I read in number 28. This is something which I have always had this question in my mind, that you seem to think that Mr. Jiwa operates a website. And I was surprised to read that. Were you thinking that he's co-operating my website or was it another website?
A. I think -- I didn't know about this. You told me that.
Q. I told you that Mr. Jiwa is operating a website?
A. Yes. Yes. No, you said to me in your email when you were trying to remove the book from the website --


Sachedina #642:
Cross-Examination by Mr Tajdin.
Q. Mr. Sachedina, I never wrote that Mr. Jiwa. Can you bring this --
A. Yes. Am I allowed to --


Sachedina #647-650:
Cross-Examination by Mr Tajdin.
Q. Okay. I'm talking about the fact that you're mentioning Mr. Jiwa's website. Which website --
A. It's your website. I'm talking about your website.
Q. No, but what you are writing here, 'operated by Mr. Tajdin and Alnaz'?
A. Yes, because -- I am trying to explain to you, Nagib Tajdin, that the letter -- the email you sent me -- first you said to me the book has been removed from the website.
Q. Yes.
A. Your website. And then you said to me -- then I complained to you that the book is still being advertised and there is still a thread there on the website because it's still being advertised. So you said to me, 'Shafik, don't worry,' and 'I have spoken to Alnaz Jiwa, who will ensure that this will be taken care of.'
Q. Okay, can we have in the undertaking that I need a copy of the email?
MR. GRAY: We'll get you a copy of that email.
--- UNDERTAKING


Sachedina #653 - #663:
Cross-Examination by Mr Tajdin.
Q. Did you not tell me to tell Alnaz not to write these things he was writing about, the farman book and the Constitution and all those things?
A. I -- sorry. Nagib, I am not aware of that conversation --
Q. You don't remember?
A. -- because I don't know Alnaz Jiwa at all. It's the first time today formally that I've actually met Alnaz Jiwa.
Q. Okay. Can we agree then, can we agree, would you agree -- is this the way to ask the question? Would you agree that if in this undertaking you bring the email and it doesn't say that I will ask Mr. Jiwa to remove from his website, there has never been a question of Mr. Jiwa having a website and this conversation which you are saying?
A. I didn't know whether he -- I thought he was connected with the website because if he could do what you gave him instructions from the website, I presumed he's involved with the website. That's the only connection I have.
Q. Is this why his name was put on the lawsuit?
A. He has -- he was part of this, he was involved with this, and I --
Q. Part of the publication?
A. I think that all the people who were involved in the sense that they were known, were people who are engaged with this website. And because Alnaz I think also had posted on the website a thing that he said that I have -- you know, after the announcement was made, he had a very long email saying that --
Q. Okay. So you are referring to his email list?
A. Yes.
Q. What's posted on his email list, not on his website?
A. Well, to me, it's electronic and -- all of this, from my point of view, is a methodology of --
Q. Mr. Sachedina, then on the lawsuit it says the same thing. But the Imam, who is a graduate from Harvard, he knows the difference between an email list and a website. But it says that Mr. Jiwa is operating a website; isn't it true?
A. I don't think I've said to you this website, because it's your website in which he has been associated. So he obviously has connection with the website. So to me he is involved with the website.
Q. So if this email that you will produce as an undertaking doesn't say this, you will accept that it's not there; right?
A. As I said to you, I don't have the words here.
MR. GRAY: If the email doesn't say it, then it doesn't say it. We'll accept that.
BY MR. TAJDIN:
Q. Yes. Because for the moment I am hearing that I have written that Mr. Jiwa had a website?
A. No. No. I didn't say that Mr. Jiwa -- as I said, you said in your email that when I complained to you that the book is still being advertised and there is still a thread there, you said to me -- you sent me an email to say that 'I have asked Alnaz Jiwa, who will actually deal with this matter and make sure that there is no reference to this.' So immediately I realized that and you and Alnaz are involved with this website.
Q. Okay. So let's have the email which will prove conclusively that it is not right, and we can all --
MR. GRAY: Or that it is right, as the case may be.
MR. TAJDIN: Yes. And if it is right, I will make my apologies to Mr. Sachedina. And I hope also --
MR. GRAY: We'll look forward to that.
MR. TAJDIN: And vice-versa, I hope; right?
MR. GRAY: Well, it's --
MR. TAJDIN: I guess this means no.
THE DEPONENT: Well, it's my best recollection. I wish I hadn't got -- but I haven't got the papers here, so.

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?

[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 #14 -#19:
Cross-Examination by Mr Jiwa.
Q. Now, you said earlier that you did review some materials. Can you elaborate on that? What materials did you review? I heard you say something about the Institute as well, you reviewed some documents?
A. Yes, I have read through the Constitution, which was at the Institute as well. There's copies there. I have looked at all the materials vis-a-vis the farmans as well. Because from my point of view, the documents are also kept at the IIS as well, the final text that we also have there.
Q. So all the final text of farmans are kept at IIS?
A. No. At the Imamat level, at the Institute level, so -- and at the Department of Jamati Institution.
Q. So at the Institute, the final copy of the farmans are not kept?
A. We have a copy.
Q. At the Institute?
A. True, because --
--- The reporter appeals.
Q. And, I'm sorry, I'm actually lost. Is there a copy at the Institute or there's no copy at the Institute?
A. No. Farmans, as I said, once they have been approved and authorized by Hazar Imam -- Hazar Imam, which is His Highness.
MR. GRAY: H-a-z-a-r, new word, I-m-a-m.
THE DEPONENT: Once they are released by the Imam, we always have a copy at the Secretariat, at the Imam's office. We also have one at the Institute in our -- for archival purposes.
Q. You said one you have it at the Secretariat as well?
A. The 'Secretariat,' that means the Secretariat of His Highness, and the Department of Jamati Institutions.


Sachedina #208 - #214:
Cross-Examination by Mr Jiwa.
Q. But there are many non-Ismaili members appointed to the Institute?
A. Yes, only as part of the board of governors But the Imam -- the chairman is the Imam of the Time.
Q. I understand. The jamati institutions that we spoke with earlier that announcements are made in talika, those are all hundred per cent Ismaili appointees?
A. Correct. The jamati appointments are constitutional bodies.
Q. And in the Institute there are non-Ismaili who are appointed there, aren't there?
A. Yes, all the directors on the board of governors.
Q. And the employees, there are no non-Ismailis there?
A. There are people. But what I'm saying is this is an institution, and the centrality of its work a tariqa, but also other, Shia Islam and Islamic in general.
Q. But what I'm trying to say, and perhaps if you could just listen, is ITREB is hundred per cent Ismaili men?
A. ITREB is a constitutional body.
Q. Right. And hundred per cent Ismaili men; yes?
A. Correct.
Q. Institute is not hundred per cent Ismaili men. There's a difference between the two, isn't there?
A. But I explained to you the Institute has a board of governors and they have a staff with maybe Ismailis and non-Ismailis, but the Imam is the chair of the Institute.
Q. And those members who are appointed to the Institute don't take this oath of office that we spoke of earlier?
A. No. They are directors.
Q. Even the members who are appointed to Institute, those employees, they did not take an oath of office?
A. No. This is an institution for learning.


Sachedina #928:
Cross-Examination by Mr Tajdin.
Q. And you are -- are you governor of the IIS?
A. I am a governor of the Institute.

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.

[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 #943 - #947:
Cross-Examination by Mr Tajdin.
Q. This is last question. Last question. The first letter dated 24th January was sent to me on 11th of February from Aiglemont. Did you give -- was it you who gave my address to Ms. Parkes, sent it to the DHL --
A. Sorry, to the DHL address?
Q. Yes.
A. No, I had nothing to do.
Q. Okay.
A. It was Ms. Parkes. Ms. Parkes dealt with you directly on this matter.
Q. But Mrs. --
A. I was only informed subsequently.
Q. Okay. So if Mrs. Parkes has never received the address from me, would it mean she has received it from you?
A. She would have asked if I have the address. Because I have the addresses of lots of people, and if she asked me would I have, because they all know that I have been in contact with you and we are in contact with each other, we have been in contact. So it's only natural that she would look to somebody so who is in contact with you.

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.

[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
]


N. Tajdin # 210.
Cross-Examination by Mr Gray.
Q. Okay. We will get back to that, then. Now, have you ever accused the leadership before of forging?
A. Of forging? Never.


N. Tajdin #213:
Cross-Examination by Mr Gray.
Q. You have accused the leadership of misrepresenting His Highness' instructions before, haven't you?
A. Sometimes, it has, and in fact, His Highness has confirmed in London recently that sometimes it tells his leader, and they don't tell his followers. So, the message is not always passed.
Q. What are you referring to?
A. I am referring to a Farmans met by His Highness in London during Golden Jubilee.
Q. And what does that Farmans say?
A. It says, the leader asked me, I tell them but I don't know if they tell you, or something like that. It is not an exact quote.


Sachedina #426:
Cross-Examination by Mr Jiwa.
Q. But I'm going to give you an example, that in Golden Jubilee in London, he said in the jamat khana in the presence of thousands of -- or the whole jamat that his leaders do not convey his message to the jamats, he is not sure of that. You agree with that; right? You were there.
A. I was there, but as I said to you, that it was not completed, the sentence wasn't completed, his chain of thoughts were not completed.


Sachedina #850 - #861:
Cross-Examination by Mr Tajdin.
Q. ...Now, you mention the sentence that the Imam was going to stay in London during Golden Jubilee about the leaders was cut off?
A. No. I said he didn't -- he didn't finish his sentence and there was an interruption. That's all I can remember.
Q. Okay.
A. Because he himself told me afterwards, so that's how I remember.
Q. Can we take that as under -- how do you call it? Undertaking to have his -- I don't want the tape of the farman. I just want that one minute. From the moment he says that the jamat may be wondering why I'm making this farman up to the time people started clapping. That's one minute. Can I have that one minute?
MR. GRAY: Well, if you want to explain something.
THE DEPONENT: Let me tell you, the farmans are privileged communications between the murid and the Imam.
BY MR. TAJDIN:
Q. So I understand that as to be no?
A. I would say to you that this, whatever it is, is in the public domain, and to put any text, my humble view is that --
Q. Mr. Sachedina, partly I would agree with you, because as everybody knows, you have not put the book in the court and I have not done that also, nor has Alnaz done that. So we have all agreed it is remain between Ismailis. We don't dispute that. You have stated that the sentence was cut off. This is why we need that tape, that one minute. Unless you agree that the sentence was not cut off and there is a two-second blank, there is no sound, and then people start applauding to the statement, I would like to have that tape from you. One minute. I don't need the whole farman. That one sentence --
A. On record.
Q. On record plus --
MR. GRAY: On the record here?
THE DEPONENT: Can I share that with you outside this record?
BY MR. TAJDIN:
Q. You know, I'm not a lawyer. Honestly, I have a copy of the tape. So because you have put on record that the sentence was not completed, and having the copy of the tape, I know the sentence was complete. We need to prove it. I don't want it to become a fight between us.
A. No.
Q. But you are saying what I'm saying the opposite. If you produce that one minute, it will prove conclusively that the sentence was completed, there was a two-second gap, and everybody started applauding. Everybody was happy about the statement from the Imam, that the leaders are not necessarily conveying his message?
MR. GRAY: You'd have to put it in evidence now.
MR. TAJDIN: Because you have stated the contrary, that the sentence was not finished. If there is no dispute on that -- and I'm not asking the whole tape.
MR. GRAY: You're giving evidence yourself now. I mean this is --
MR. TAJDIN: Well, because we are talking of --
MR. GRAY: If you wanted to put it in evidence, you could have done so.
MR. TAJDIN: Okay. Mr. Brian, let's take it as an undertaking --
MR. GRAY: No, we will not.
MR. TAJDIN: We need that one minute to prove if, yes or no, you are right.
THE DEPONENT: I'm sorry, but I'm really not getting this at all as to what is the rationale behind this question. Because I told you that we have -- what Imam has authorized for the release of that farman, Imam has authorized. Which is out to the jamat.
BY MR. TAJDIN:
Q. Mr. Sachedina --
A. By the Imam.
Q. -- the question was -- you would allow me to say it again because you replied to me in that way, that the sentence was not completed about what the Imam said on the leaders --
A. No. I said his chain of thought was not completed. You heard me. He was not able to --
Q. So now, Mr. Sachedina, we need that one-minute recording, not more.
MR. GRAY: No.
--- REFUSAL
BY MR. TAJDIN.
Q. Just that recording. You can give me the last word of the recording up to the moment people start clapping?
MR. GRAY: No.
--- REFUSAL
MR. TAJDIN: Well, we need to prove conclusively that the sentence was completed and there was a silence after that.
MR. GRAY: You have a copy of it. I guess if you felt you should --
MR. TAJDIN: But, you know, I'm asking the question. I'm not replying here. I can't produce it; right? I cannot go home and bring the tape.
MR. GRAY: If you felt you needed to put it into evidence, you should have done so. As you yourself said, we are not anxious to put farmans in --
MR. TAJDIN: Yes, but with all respect due, I was not aware that there will be in this examination a statement which is not representing what the tape is showing.
MR. GRAY: Well --
MR. TAJDIN: If I was aware, obviously I would have brought it into --
MR. GRAY: My current position is no, but I will consider it. I'll reconsider it.
--- UNDER ADVISEMENT
MR. TAJDIN: Thank you. Thank you for considering.

Contradiction: Recall all books or just the Golden Edition?

Would the Imam ask Mr Tajdin to undertake an impossible task?

[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 #453 - #459:
Cross-Examination by Mr Jiwa.
Q. Now, if you go to the first page, the last sentence -- last paragraph, rather, he says in there: 'I believe that this has been explained to you by the institutions on a number of occasions. I, therefore, expect you and the other murids who are working with you immediately to take all necessary measures to recall and to withdraw from your circulation your recent publication.' [as read] Now, would you agree with me that in this letter he's asking Mr. Tajdin to recall? What do you understand by 'recall'?
A. Whatever he has been able to distribute to whoever, he should get them back, if possible.
Q. Do you agree with me that Mr. Tajdin has no legal recourse to withdraw or ask anybody to return the books?
MR. GRAY: Don't answer that.
--- REFUSAL
BY MR. JIWA:
Q. Would you agree with me that this sentence imposes on Mr. Tajdin to do something that it is not possible to do; would you agree with me?
MR. GRAY: Are you asking him a legal question, is it possible to do it or not?
MR. JIWA: No. I'm saying that His Highness is asking here, his letter, telling Mr. Tajdin to recall.
BY MR. JIWA:
Q. Let me give you an example. By this letter if Mr. Tajdin has given me hundred books, tells me, 'send it back to me' and I refuse to do so, what can Mr. Tajdin do?
MR. GRAY: Don't answer that question. You're asking him about a legal question and --
--- REFUSAL
BY MR. JIWA:
Q. Would you agree that he has no legal recourse to come to me?
A. I would not be able to respond on legal matters.
Q. So would you agree with me that what His Highness has written here is practically impossible to achieve?
MR. GRAY: Again, don't answer that question.
THE DEPONENT: Same answer again.
--- REFUSAL
BY MR. JIWA:
Q. Would you also agree with me that his only concern now with this publication, because all he's asking to withdraw is your recent publication; he's no longer concerned about his previous publications; would you agree with me?
A. This publication covers farmans from the previous publication.

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.

[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 #465:
Cross-Examination by Mr Jiwa.
Q. And in those discussions, did His Highness ever tell you who is behind the publications?
A. He asked the question. He has asked the question, and I have told him Nagib because I know of Nagib as the publisher.


Sachedina #468 - #471:
Cross-Examination by Mr Jiwa.
Q. So His Highness did not tell you that it's Mr. Tajdin. He said 'there are some murids who are doing this and I want you' --
A. I did tell him that the one that I know who is at the centre of this was Nagib.
Q. You told him?
A. Yes.
Q. So at that time you told His Highness that you know it's Nagib?
A. Yes.
Q. And did His Highness say that there are other individuals as well?
A. No, I said to His Highness I know of Nagib's publications, and I did say to him that when I will go next to Canada, this issue, I will take it up with Nagib.

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.

[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
]


Bhaloo #136:
Cross-Examination by Mr Tajdin.
Q. Okay. How many of the farman books I have printed you have at your home either in Nairobi or in Toronto?
A. I have one book which is not printed. You gave it to me at the meeting. It is a white book. It's a draft farman. That's the one I have.
Q. It was a white book?
A. Yes. It had a white cover on it, and it said 'draft.'
Q. Okay. Can you take an undertaking -- undertaking of producing it?
MR. GRAY: I'll take that under advisement. I'm not going to undertake to do it, but I will consider it.
MR. TAJDIN: Okay. Can you produce --
MR. GRAY: As you know, this is a cross-examination.
MR. TAJDIN: -- a colour photograph of that draft book?
MR. GRAY: Okay, that's an alternative. We'll consider that, too. As this is a cross-examination, there's no duty to produce anything, but we will consider it. So you would like, as an alternative to producing the whole book, you would like a photograph of --
BY MR. TAJDIN: Q. I don't need the book because obviously I know what it is, but I just had a question because it was said it's a white cover, and I don't remember giving you any white-cover book. So just a colour photo will do.
MR. GRAY: So you would like a colour photograph of the cover of this document, this draft book?
MR. TAJDIN: Yes. I would like to see if it is white or it is burgundy. Just a colour photo.

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. Nagib himself has been part of the solution.

[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 #477 - #493:
Cross-Examination by Mr Jiwa.
Q. Now, again, if you go to the second page, it says 'I'm aware' -- the last paragraph: 'I'm aware that you perceive your efforts including the website that you have established and operate.' [as read] Now, I'm not so clear. Are you saying or His Highness saying that the website is also inappropriate?
A. Well, he is aware also of the website.
Q. No, that's not my question.
A. Yes. Inappropriate.
Q. My question is: In your discussions with His Highness --
A. Yes?
Q. -- did he tell you that website is also a problem?
A. Well, he says that there are a number of websites which cause him concern.
Q. So he's concerned about the websites as well?
A. Yes, but this is publication which is his works. The websites do not publish farmans on the thing. The issue I'm talking to you is very simple. This is talking about his works.
Q. My question is --
A. Websites are not his work.
Q. I understand. I understand. I just want to be clear with this. His Highness is concerned with the websites as well, and there are a number of websites, not only Mr. Tajdin?
A. Yes.
Q. And he's expressed that concern to you?
A. Yes, and we are looking into this matter. We have started working through the process with the website people to see how we can work with some of these. And, in fact, Nagib himself was part of the solution in some cases, and his advice was sought on some of the matters, to see how we can solve this problem.
Q. Right. But right now my question is that he disapproves of the various websites as well; correct?
A. Yes. From this letter to you.
Q. Not from the letter. You said earlier he has told you about that as well?
A. Yes.
Q. Yes?
A. I've said to you the websites are also a concern to him.
Q. To him?
A. Yes.
Q. And he has told that to you; right?
A. Yes. But here we're talking about how this particular issue relates to the publication of the farmans that we have got, which you have just -- the matters which are ahead of us in the litigation. We're not talking about the website in the litigation. We're talking about copyright issues of the publications and not the websites.
Q. Now, there are a number of individuals with websites; correct?
MR. GRAY: Are you telling us?
MR. JIWA: I'm asking him.
THE DEPONENT: There are people who have websites, yes, a number of websites.
BY MR. JIWA:
Q. Other than Mr. Tajdin?
A. Absolutely.
Q. And His Highness is concerned about all of them?
A. Well, no. It's a question of what is -- the review of these websites he wants to be carried out so that we know what is in each of these websites. He's concerned about the websites --
Q. So he's asking a review?
A. Of course. Of all of these websites.

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.

[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 #179 - #183:
Cross-Examination by Mr Jiwa.
Q. All right. And would you agree with me that the purpose here is for the Imam to interact with that murid when he presents the mehmani?
A. If he wishes to do so.
Q. And often he will do so himself?
A. It is up to the Imam.
Q. No, we know it's up to the Imam. But often he does interact with the murid himself even without being asked?
A. Yes, it does happen.
Q. It does happen, right. And there is no restriction on that murid from talking to his Imam?
A. The murid is quite entitled to speak to his Imam if he wishes to do.
Q. And some do?
A. Some do, some don't.


Sachedina #195 - #199:
Cross-Examination by Mr Jiwa.
Q. However, if anybody wished to talk to the Imam, he can talk to the Imam?
A. It's the right of the murids, right.
Q. And to your knowledge, because you have been extensively involved in the jamat, and you were in 1994, which was a lot larger jamat than the Montreal jamat, to your knowledge, when that murid asked the Imam a question, the very purpose for the mehmani is for the Imam to respond and guide that murid?
A. Yes. The Imam, it's at his mercy and pleasure.
Q. And that's the purpose he does these mehmanis --
A. Yes.
Q. -- is to guide? Would you also agree with me that this mehmani is personal and not published? Like, you know, the whole jamat who is sitting there, they don't hear what's happening between the Imam and the murid.
A. Yes, it is done in the context of closeness with the murid and the murshid. But there are people standing nearby who are also observing, and the jamat observes what's happening. So there are always people who know but they can't listen.
Q. They can't. Because they are just observing?
A. (Deponent nods head up and down).


Bhaloo #67:
Cross-Examination by Mr Jiwa.
Q. ...My question was: Is the murid who presents the mehmani prohibited from asking the question orally to the Imam without giving any memorandum in writing?
A. It's not a generally-done thing.


Bhaloo #96 - #98:
Q. And do you recall during that '78 visit, His Highness a number of times said he wants to listen to specially the mehmanis that are represented so the jamat to remain calm?
A. Yes, I remember.
Q. He said that on a number of occasions?
A. Yes.
Q. And then he specified that he wishes to listen to what his murids tell him, and he wants quiet in the jamat so he can listen; he said that a number of times?
A. Yes.

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.

[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
]


Bhaloo #142 - #167:
Cross-examination by N. Tajdin
Q. Okay. Mr. Bhaloo, not as a leader, not as a constitutional expert, just as an Ismaili, would you say that a talika and a farman is about the same thing; a talika is a written farman?
A. They're both given by the Imam, yes.
Q. You would accept that the talika is a written farman?
A. Sometimes the talikas are blessings, not farmans.
Q. Oh, blessings are not farmans?
A. I told you that talikas are sometimes blessings given by the Imam to the individuals, but not instructions in farmans.
Q. What about -- let's talk of -- tell me just -- you don't have to reply, just what age are you?
A. Old enough.
Q. Old enough. So in the '60s were you in East Africa?
A. In the 1960s?
Q. Yes.
A. Yes, I was.
Q. Do you remember that period?
A. Parts of it, yes.
Q. Was it Nairobi or Kisumu or someplace around Kenya?
A. Both.
Q. Do you remember at that time when a talika was to be read, it was announced, and Ismailis kotters [ph.] in the street with drums and a person going around saying there is talika tonight?
A. Yes, I believe so.
Q. And the flag was put --
A. I do not think it was the '60s, though. It was the '50s.
Q. It was the '50s. Sorry. I did not think you would remember up to that time. I think you look so young. But, okay, so 50's. And the flag would go up on the jamat khana, and people seeing the flag up would know that there's a talika?
A. Correct.
Q. Now, we both live in Nairobi, so even today when there is a talika, the flag goes up to the jamat khana. Have you noticed that?
A. No, I have not.
Q. You have not noticed?
A. No, I have not.
Q. I would just suggest that it's a good thing to notice.
A. Thank you.
Q. So a talika, when it is read, I just want to go through some of the ceremonies that accompany the talika to show how important it is. Is it true that when a talika is to be read, there is a special ceremony for holy water?
A. Yes.
Q. Is it true that when a person is called to read the talika, usually it's a person of standing, someone very respected?
A. Mr. Gray, these are -- these are really questions dealing with religious matters and --
MR. GRAY: You have to speak up for the --
THE DEPONENT: These are really questions of religious matters, and I don't know whether it's pertinent to the case.
MR. GRAY: It is not pertinent to the case. It's totally irrelevant, in my submission, but I was letting Mr. Tajdin have as much leeway as I thought reasonable. It is really way beyond anything relevant to this case, and so in the interest of --
MR. TAJDIN: Okay, we are trying to define --
MR. GRAY: You're paying for your transcript and so you're paying for my copy of the transcript, so --
MR. TAJDIN: Mr. Gray --
MR. GRAY: Let me finish. You're paying for transcript and I'm paying -- and you're paying for my copy of the transcript. So if you want to go on like this, spending money and time on irrelevant matters, I'm going to let you do that as long as the witness feels comfortable. But when you're exploring these questions of holy water in Nairobi and the talika flag, I think we are getting awfully far afield from the issues in this case. So if you could try. And I really would like to give you as much leeway --
MR. TAJDIN: Mr. Brian --
MR. GRAY: Let me finish.
MR. TAJDIN: This is going just -- like, how long are you going to talk? Because we want to put it brief. You have said what you have to say. So can I continue asking my questions?
MR. GRAY: You interrupted me, but fine, go ahead.
BY MR. TAJDIN:
Q. Okay. Mr. Bhaloo, the book on which you have written an affidavit contains talika and farmans; right?
A. Clarify that?
Q. There is this Affidavit -- you are saying in your Affidavit that you are making this Affidavit in support of the Plaintiff's motion for summary judgment and for no other purpose? The last line. Do you know the subject matter of this lawsuit?
A. Yes, I do.
Q. Okay. Would you agree that it's on a book which contains talika and farmans?
A. Yes. It contains farmans, yes.
Q. Does it contain talikas also?
A. I have not read the Golden Edition book, so I would no know. This is the first time I'm looking at it.
MR. GRAY: The witness is referring to a book sitting on the table here in the examination room.
BY MR. TAJDIN:
Q. You have written an affidavit in support of the motion. Have you read the motion? Did you read the motion?
A. Yes, I did.
Q. So you know it's about farmans and talika book?
A. It is for summary judgment.
Q. It doesn't matter what summary judgment on what subject?
A. Yes, it does.
Q. Okay. Is it on a book which was printed with farmans and talikas?
A. I remember the farman. I don't know about the talikas.
MR. GRAY: If it helps, we'll admit that the book contains farmans and talikas. If that helps you, we'll admit that.
BY MR. TAJDIN:
Q. Yes. And I will not go through the 15 or 12 ceremonies which accompany the reading of a talika. I will just ask you one general question: When a talika is read, there are a lot of religious ceremonies surrounding the reading of the talika; yes or no?
A. Mr. Tajdin, these are matters for those who have been initiated into the faith, and they are not matters for public discussion, and I will not get into that.
Q. Okay. Mr. Bhaloo, I'm not sure what to ask because it looks like you are very much on the defensive and whatever I would ask would not bring me any kind of reply.

2010-11-29 Summary Judgment : Plaintiffs Revised Combined Factums of Reply and of Motion

Attached in a combined document are:

- The Plaintiff's Revised Memoranda of fact and Law of the reply to the Defendants' motions for Summary Judgment
AND
- The Plaintiff's Revised Memoranda of fact and Law on its own motion for Summary Judgment

Attached also is:

- A revised page 31 pursuant to Justice Tabib's order that that page must be replaced as in the original and may not be revised by the Plaintiff

The Evidence relied on by the Plaintiff can be found here:

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

- 2010-06-28 Summary Judgement MOTION Filed by Plaintiff

Discovery:

Justice Tabib declared that the Plaintiff's references to the discovery (such as the Plaintiff having appeared for discovery in order to show he authorized the case) consist of only opinions and not facts, and as such, the defendants are also free to submit their own opinions

[All Comments on the case]

2010-11-29 Summary Judgment: Defendants' Revised Factums of Motion and of Reply

Attached are:

- The Revised Factum for N. Tajdin's Motion for Summary Judgment

- The Revised Factum for A. Jiwa's Motion for Summary Judgment

- The Revised Factum for N. Tajdin's Reply to the Plaintiff's Motion for Summary Judgment

- The Revised Factum for A. Jiwa's Reply to the Plaintiff's Motion for Summary Judgment

Evidence used in these factums is found here:

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

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

Discovery:

Upon leave by Justice Tabib, the Defendants also submitted their interpretation of the Aga Khan's appearance at discovery in the following paragraphs:

NT Reply:

10. The court record reflects the fact that the Plaintiff did attend in Canada to be questioned on October 15, 2010. Thereafter, on November 2, 2010, the Court fashioned a procedure for the Plaintiff to introduce evidence relating to that discovery in a motion. No evidence whatsoever has been submitted by the Plaintiff to support the inadmissible evidence in His case, or the unsubstatiated claims that the Aga Khan did not consent in 1992, or that the Aga Khan initiated or instructed the terms in the statement of claim.

11. The lack of true and tested evidence from the Aga Khan to support this action is not surprising and supports the Defendants. The Aga Khan does not need to give any public evidence or start a lawsuit in order to be obeyed by the Defendants who have pledged unconditional obedience. He has many other simple means of dealing with this in a definite and binding manner. On the other hand, if, as evidence shows, He has been misrepresented in this case, then there is no use in His giving contradictory evidence either: it would go against the conciliatory approach that He favours, and it would only further embarrass community leaders and undermine the Ismaili institutional structure.

18e. e) Paragraph #108 is wrong: Defendants have not asked for any meeting with the Aga Khan since the Discovery, and have not shown any doubt about understanding the Aga Khan's actual intentions.

AJ Reply:

8. In responding to arguments set out in paragraph 2 of his memorandum (Tab 1), that the
defendants are continuing with their allegations “even after the attendance of the Plaintiff for
discovery on October 15, 2010 as reflected in the court record.”, this defendant states that
Mr. Gray confirmed with Prothonotary Tabib as reflected in the Direction of the Court dated
November 2, 2010, that he would continue with the Motions for Summary Judgment and not
bring a Motion for Judgment. With respect to the discovery, the court directed as follows:
“To the extent any party were to attempt to raise, at the hearing of he motion for
summary judgment, anything of what occurred at the attendance on discovery, they
would be precluded from doing so unless admissible evidence of those facts were put
before the court. The motions fo summary judgement are now fully briefed. No
further evidence may be filed for use at the hearing of the motions without leave of
the court, to be sought by way of motion.”

9. The attendance at discovery is not evidence that the Aga Khan is the real plaintiff, that has authorized the action. The Aga Khan, although a person, is an “institution”. He functions as a government in his own right, a King without a Kingdom, and his “kingdom” runs as a government runs.

15. In responding to arguments set out in paragraph 53, 96 and 108 of the memorandum (Tab 1), Mr. Gray submits that “the Plaintiff showed up as ordered for his examination for
discovery...” this defendant states that had the Aga Khan been the real Plaintiff, then Mr.
Gray would have brought a motion as Directed on November 2, 2010, to prove the fact he
wishes this court to infer from facts that are not in the nature of evidence filed in these
motions. Mr. Gray also had an option to bring a Motion for Judgment, but as noted by
Prothonotary Tabib in her Direction dated November 2, 2010, that Mr. Gray refused to do
so.

16. In Cooper v. R., Justice Wyman W. Webb J. of the Tax Court stated with respect to adverse inference: In the Law of Evidence in Canada, third edition, by Justice Lederman, Justice Bryant and Justice Fuerst of the Superior Court of Justice for Ontario, it is stated at p. 377 that:
Ҥ6.449 In civil cases, an unfavourable inference can be drawn when, in the absence
of an explanation, a party litigant does not testify, or fails to provide affidavit
evidence on an application, or fails to call a witness who would have knowledge of
the facts and would be assumed to be willing to assist that party. In the same vein, an
adverse inference may be drawn against a party who does not call a material witness
over whom he or she has exclusive control and does not explain it away. Such failure
amounts to an implied admission that the evidence of the absent witness would be
contrary to the party's case, or at least would not support it.”

Cooper v. R., 2010 CarswellNat 2499, at para. 20
Revised Memorandum of Fact and Law, Tab 16

NT Motion:

58. In view of this defendant's unwaivering allegiance to the Imam, the fact that after Discovery he has maintained that the Statement of Claim does not represent the Imam's intentions is sure evidence of the Imam’s position in this matter.

79. There is a very special relationship of Love and, as described in the Ismaili constitution, "a permanent spiritual bond between the Imam and the murid" who is considered His spiritual child. Mr Tajdin pointed out a couple of times to Gray that "If you don't understand the relation between me and my Imam, it will be very difficult for you to even ask questions.". Because of this special relationship, the Defendants have consent. Because of this special relationship, Gray did not obtain any admissible evidence from the Aga Khan to back his case, not even at the discovery. And because of lack of admissible evidence from the Aga Khan, this action does not belong in a legal setting and must be dismissed.

[All Comments on the case]

2010-12-07 Summary Judgment Motion Hearing for Copyright Lawsuit Lasted 2-Days

The Hearing for the Plaintiff's and the Defendants' Summary Judgment Motions was Held in Toronto On December 7 & 8.

Here is the entry in the Court Docket:
http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?...

Toronto 07-DEC-2010
BEFORE The Honourable Mr. Justice Harrington
Language: E
Before the Court: Motion Doc. No. 20 on behalf of Defendant (Jiwa)
Result of Hearing: Matter reserved
Before the Court: Motion Doc. No. 28 on behalf of Defendant (Tajdin)
Result of Hearing: Matter reserved
Before the Court: Motion Doc. No. 36 on behalf of Plaintiff
Result of Hearing: Matter reserved
held in Court Senior Usher: Noel Nation
Duration per day: 07-DEC-2010 from 09:30 to 04:45
Courtroom : Courtroom No. 4-A - Toronto
Court Registrar: Jeff Weir
08-DEC-2010 from 09:15 to 03:05
Courtroom : Courtroom No. 4-A - Toronto
Court Registrar: Jeff Weir
Total Duration: 2d
Appearances: Brian Gray, Allyson Whyte Nowak (416) 216-4000 representing Plaintiff Alnaz Jiwa (905) 640-3831_ representing Defendant Jiwa Nagib Tajdin (514) 212-5789 representing Defendant Tajdin Court Reporter: Calypso Schincariol, ASAP Reporting Services Ltd (416) 861-8720 07-DEC-2010 Calypso Schincariol, ASAP Reporting Services Ltd. (416) 861-8720 08-DEC-2010
Transcript not requested
Comments: Index of Materials filed for Summary Judgment Motions and Plaintiff's and Defendants loose authorities and Plaintiff's Draft Bill of Costs to be received
Minutes of Hearing entered in Vol. 835 page(s) 51 - 61 Abstract of Hearing placed on file

2011-01-10 Court Gives Summary Judgement in Copyright Case - PDF

On January 7, 2011, The Judge filed an injunction and reasons for Judgment.

View the pdf below to read the Judgment and the Reasons for Judgment.
The Final Order was to be drafted separately.

See subsequent pages in this online book to read how:

- On January 21, 2011, There was a suspect "Talika" in select JK's that sounded more like a pressure tactic to get defendants to sign a very broad order drafted by the "Plaintiff"'s Lawyer. It referred to this judgment as the basis for the future policies of the Imamat.

- On February 7, 2011, The Defendants filed an appeal on the last possible date because noone was willing to discuss anything with them.

- On February 8, 2011, The "Plaintiff" motioned to get a Final Judgment according to their broad draft.

- On February 14, 2011, The "Plaintiff" motioned to get the Appeal dismissed for being premature because no final order was signed. (Funny that the "Talika", sent out by Sachedina's office, and referring to this judgment, was not considered premature? At that time, there was no final order yet and discussions on the contents of the order remained to be undertaken?)

- On March 4, 2011, A final order was issued that was still very broad

- On March 14, 2011, The "Plaintiff's" motion to dismiss the appeal was itself dismissed.

Subsequently,

- The Counsel for Plaintiff started procedures and sending letters to expedite the fulfilling of the order before the appeal, namely, he demanded the $30,000 and he demanded a discovery with Names of the recipients of books.

- The defendants motioned to amend the Notice of appeal and to consolidate both the appeals of Tajdin and Jiwa, in order to save time and resources.

.....

All Comments on the case

2011-02-07 Summary Judgment: APPEAL filed by Defendants

If left unchanged, Gray's draft order paves the path to prolonged additional discoveries and witch-hunts of any person, who, like the Defendant Jiwa, had only given a few copies of the Golden Edition to some family or friends, and it allows SS to continue suing Murids of the Imam in Imam's name for "loss of profits" and "damages", which is obviously against Imam's wish.

As a result,Tajdin and Jiwa both filed Notices of Appeal on Monday February 7, 2011.
Notice of Appeal by Alnaz Jiwa 2011-02-07
Notice of Appeal by Nagib Tajdin 2011-02-07

About the Appeal Process:
Dignified Consent Judgment refused to Defendants - Appeal filed! - Aga Khan Copyright Lawsuit -2011-02-08
What Happened Leading up to the Appeal?
What Points does the Appeal rely on?

On Feb 14, 2011, Plaintiff's Lawyers filed a Motion to dismiss the appeals.

Follow the appeal process on the Court Docket here:
Link to Court Docket Appeal A-60-11
Link to Court Docket Appeal A-59-11

2011-02-08 - Motion for Judgment by Plaintiff

MOTION

Text of Motion for Judgment by 'plaintiff' 2011-02-11

On February 8, 2011, After refusing to discuss any of the terms of the proposed Order, The 'Plaintiff' filed a Motion for Judgment. This means that the parties will not agree to a draft of an order, and want the Judge to draft the Order.

REPLY by Defendants

Text of Defendants' Reply to the Motion for Judgment 2011-02-16

Even though they intend to appeal the order, the defendants replied to the Motion for Judgment suggesting modifications to the Order because the draft presented by the 'Plaintiff' does not correspond to the Judgment given by Justice Harrington.

Counter- REPLY by Plaintiff

Text of Plaintiff's Reply to the Defendant's Representations 2011-02-22

On February 11, 2011, Counsel for Plaintiff replied by reiterating that

- He wants to keep the order broad and prevent the defendants from keeping Any copies of Any Farmans in Any format. (Is this plausibly coming from the Imam who has recommended that Ismailis Read and share Farmans at every occasion?)

- He wants accounting of Damages, Profits, and of all sales of books, and wants to conduct a discovery to investigate these. (Is this plausibly coming from the Imam who said 4 times during discovery that "those who have them can keep them", and who saids he did not want any costs?)

Final ORDER issued for Summary Judgment

Text of the Final Order for Summary Judgment 2011-03-04

On March 14, 2011, Judge Harrington issued the Final Order:

- He started by stating that the Order sought by the Plaintiff was indeed too Broad. He was asking for more than was awarded. (Would the Imam do this?)

- He removed some items from the Plaintiff's draft, but still made a very broad order that prevents defendants from having any copy of any Farman from any source, and that allows the "plaintiff' to ask for who the books were sold to. It will require the defendants to further modify their Notice of Appeal.

2011-02-14 Plaintiff Unsuccessfully Pursues Motion to Dismiss the Appeal

MOTION TO DISMISS APPEAL

Text of the Plaintiff's Motion to Dismiss the Appeal

On Feb 14, 2011, Plaintiff's counsel filed a motion to dismiss the Appeal filed by Tajdin and Jiwa on Feb 7 in response to the Reasons for Judgment delivered on January 7, 2011.

Canadian Law provides for the right to Appeal for everyone.

Plaintiff's counsel claimed that this Appeal is premature and should be dismissed because the Judgment did not contain a final order.

REPLY

Text of the Defendants' Reply to the Motion to Dismiss the appeal

On Feb 24, 2011, the defendants replied that they were informed by the court clerks that the 30-day time limit started running from the time the Reasons for Judgment were served on them, and they did not want to lose their right to appeal by filing too late.

Had Mr. Gray drawn the relevant cases to the Appellant’s attention and sought ways of resolving the issue on consent, there would not have been the need to bring the motion to dismiss the appeal.

DECISION

Text of the order dismissing the motion to dismiss the appeal

On March 4 2011, a final Judgment with Order was rendered for the summary Judgment Motions.

On .March 14, 2011, the Motion to Dismiss the Appeal was itself dismissed. Because the order was finalized, the appeal was no longer premature and could no longer be dismissed.

2011-03-29 Requisition by Plaintiff

On March 29, Plaintiff's counsel sent a Requisition to the Federal court in order to proceed with the fulfillment of the Summary Judgment Order, in particular the Reference discovery.

Even though an appeal is in process, and the order may get overturned, the Plaintiff's counsel is insisting on proceeding with lengthy procedures to find out who bought books.

2011-03-29 Requisition From Plaintiff

2011-03-29 Statement of Issues from Plaintiff

Extract:

10. The Plaintiff hereby elects an accounting of the Defendants' profits, rather than the Plaintiff's damages, and now seeks to have the quantum of said profits determined by way of a Reference

As a result of the foregoing, THE PLAINTIFF REQUESTS THAT:

11. The Referee schedule a reference to quantify the profits realized by the
Defendants as a result of their infringement, pursuant to Rule 153 et seq. of the Federal Courts Rules, in accordance with the issues identified in the Plaintiffs Statement of Issues;

12. A timetable be set for the conduct of the Reference, including discovery of the
Defendants, pursuant to Rules 3, 153(2), 156 and 157 by the Referee;

What's next?

As Plaintiff's counsel is refusing to Delay the Order until the Appeal is decided, the defendants will have to file a motion for Stay of the Order.

.....

2011-07-18 Reply to the Statement of Issues

All Comments on the case

2011-04-13 Revised Notice of Appeal by Defendants

On April 11, upon submitting a motion, and with the consent of all parties, it was ordered that the Defendants may amend the Notice of Appeal, and also consolidate their two appeals.

Text of Order allowing Amending of Notice of Appeal

On April 13, Tajdin filed an amended notice of Appeal. The amendments are 6 additional paragraphs added to deal with additional causes of appeal that came up once the Final Order was issued.

Amended Notice of Appeal

2011-04-21 Defendants file Motion for Stay of the Order

Context for this motion

The final order is quite broad and involves accounting and document disclosure that may be lengthy.

This final order is being appealed by the defendants.

The Plaintiff's counsel is insisting on applying the order without awaiting the appeal resolution.

Defendants therefore filed a motion to stay the Order pending the Appeal of the Summary Judgment.

The Motion for Stay of the Order, Pending Appeal

On April 21, 2011, the defendants filed one motion to Stay the Order pending Appeal with:

A New Affidavit From Tajdin dated 2011-04-12

A Motion Memorandum elaborating the above 4 points dated 2011-04-21

In order for a Stay to be granted, the defendants must show that:

1- There is cause for appeal

Defendants drew form their notice of Appeal to show that there is cause for Appeal

2- Proceeding with the Order will cause irreparable harm

The main harm is that although no distributed books have been ordered to be returned, the Plaintiff's counsel is insisting as Sachedina has done all along to find out information about people who have received books. Revealing this before appeal would be an irreparable breach of privacy and may cause irreparable harm and harassment to any person whose name may come up.

3- Delaying the Order will not harm the Plaintiff

Delaying costs cannot harm the Plaintiff, and The Plaintiff's counsel has not been in a hurry to stop the distribution and has not asked for any injunction last year until summary judgment.

4- The balance of convenience favours the Stay of the Order.

Since the Order can cause irreparable harm, the balance tips in the favour of Staying the order. And in any case, it is a better use of resources to delay the application of the Order rather than to engage a lengthy process of investigation at this point, when an appeal may very well reverse the Order

2011-05-19 Stay of Order (Motion)

On April 4, 2011, a Motion for Stay had been filed by Defendants
2011-04-21 Defendants file Motion for Stay of the Order
See the article linked above.

On May 3, 2011, the Plaintiff's Counsel filed a response to the Stay motion.

2011-05-03 Plaintiff's Response to the Stay Motion
- It contained no new affidavit
- It attempted to portray the Appeal as frivolous
- It attempted to deny irreparable harm to defendants by claiming that they are lying.
- It claimed in the pleadings that the Aga Khan will safeguard all documents revealed in the reference, but without relying on any evidence/affidavit for this statement.

On May 9, 2011, Defendant Tajdin filed his reply to the Plaintiff's response.

Tajdin's Brief Reply to the Plaintiff's Response
- The reply was brief and mentioned facts and Law that were relevant.
- The reply ignored misrepresentations in the pleadings because, as they were not based on any evidence, they were unsubstantiated.

On May 19, 2011, Justice Mainville Gave an Order

2011-05-19 Order of Justice Mainville
2011-05-19 Reasons for the Order
- Justice Mainville did not recognize the Plaintiff's argument that the Appeal is frivolous.
- The Judge dwelled on the issue of irreparable harm, and decided to take the Plaintiff's pleadings as an undertaking from the Aga Khan that any documents would be protected.
- The Judge also put the onus on the Referee to limit the documents needed to the essential ones.
- The Judge believed the Plaintiff's misrepresentation about Tajdin lying about his travels, when there was no corroborating evidence.

On May 24, 2011, Tajdin wrote to Justice Mainville requesting a review

2011-05-24 Letter by Tajdin requesting a review
Re: A-59-11 Federal Court of Appeal
Judgment dated May 19, 2011

Dear Sirs:

Please bring this to the attention of Justice Mainville.

I am the main appellant in this appeal. I am self-represented and residing in Kenya. I am
writing in regards of the Judgment with respect to two specific orders.

It was my understanding that the court would not consider matters that are not in
evidence, and therefore I did not respond to the claims and false assumptions that were
only in counsel's pleadings and not in evidence.

I respectfully ask for reconsideration of the Stay on:
- The order with respect to submitting documents; and
- The order with respect to quantum of damages.

The following court's assumptions are based only on the pleadings and are not backed
by any facts:

a) That Tajdin lied about travels and would not suffer irreparable harm

- As I said in my affidavit [at para 64], I moved to Africa in late 2005. I then started
my business in 2006. The dates in the Golden Edition Index submitted in the Plaintiff's
evidence show that my longer travels to collect Farmans occurred when I resided in
Canada, and before I moved to Africa (India 1988, France 1989 and 2002, Tajikistan
2003, Pakistan 1981, 1988, 2000 and 2003, Syria 2001, USA 2002, Afghanistan 2003-
2004, Dubai 2004-2005.). Any travels I made to collect Farmans after I moved to Kenya
were mostly weekend trips - Madagascar (1 day in 2008), Uganda (1 day in 2007),
Tanzania (2 days in 2007), Ivory Coast (3 days 2008) and UK (3 days 2007)

- As I said in my affidavit for this Motion [paras 64-68], the reconstitution of records
based on old documents that span decades and that may or may not be found will
indeed be time consuming. Any lengthier current travel would require advance
preparation and incur tangible loss of business and customers, as well as rampant
security risks for my family and theft risks for my business. During three of the four trips
I made to Canada for this lawsuit last year (May, August, October, December 2011), I
had to close my bakery. I lost my customer base each time I tried to restart, and
because of those trips my business suffered extreme losses.

- As I said in my affidavit for this Motion [at paras 79, 80], avoidable appearances
for court procedures in Canada are also an unnecessary security risk. There are, on
record, multiple death threats against me on the Internet. All of these threats originate
from Canada, as can be seen from the IP number identified for those postings on the
Internet. These threats are real; for example, four people traveled from Toronto to
Ottawa on a “holy war” to assault me on Spark Street immediately after a hearing on the
same subject matter on 13 October 2010. One of these people, known by the name of
Mehboob Kamadia, even gave his business card to Counsel for Plaintiff in my presence
inside the courtroom at the end of that hearing.

b) That without his documents Tajdin will be like other Ismailis and would get
"Authorized" Farmans

- There is no evidence that other Ismailis actually get access to "authorized
Farmans" from any institutions for study. The record does show that it is the Ismailis'
duty to study Farmans and to apply them in their everyday lives. As I said in my affidavit
[at para 44 and 85], cross examination of Sachedina on record also shows that over
80% of Ismailis have NO access to Jamatkhanas or to Farmans from institutions.

- The record also shows that Institutions have not published any Farmans or
provided any Farmans to Ismailis for personal study in around 35 years. The record also
shows that Ismailis fulfill their duty by collecting and keeping personal collections of
Farmans in various countries and various languages from other sources. This has
helped keep Ismailism alive. I am only one of the many Ismailis who are currently
compiling, publishing and circulating compilations of Farmans, though I may be the one
with the most extensive collection.

- As I said in my affidavit for this Motion [at paras 11,29, 84, 86, 89], the record
shows that the Aga Khan's word in a Farman is a final order to Ismailis, and that He has
made Farmans that encourage individual Ismailis to study and share His Guidance, and
to listen to it at their leisure. There has never been any Farman of the Aga Khan to
Ismailis limiting them to obtaining Farmans only from the institutional sources nor any
process truly approved by the Aga Khan since 1986 in this regards. So depriving Tajdin
of his personal collection does indeed put him at a disadvantage in comparison to other
Ismailis.

c) That The Aga Khan will protect documents

- There is no direct evidence whatsoever from the Aga Khan on this subject, and
the record does show that Mr Sachedina is in fact liaising with Mr Gray, counsel for the
Plaintiff.

- As I said in my affidavit for this Motion [at paras 10, 44], the record also shows
that Sachedina has access to all correspondence to and from the Aga Khan's
Secretariat, and that he has vowed to ruin Tajdin in the eyes of the worldwide Ismaili
community well before the lawsuit was started.

- There is therefore no assurance that this part of the order will be followed.
I therefore respectfully request the Court to review and re-consider the decision in so far
as these two serious issues are concerned: remitting my personal copy of the
documents used to print the book and the travels for the alleged damage/profit quantum
calculation.

Respectfully yours,
_______________
Nagib Tajdin.
CC: Alnaz Jiwa
CC: Brian Gray

On May 31, Justice mainville refused a review

2011-05-31 Order refusing a Review
Justice Mainville simply referred to the Federal court rule that said that a review should have been requested by motion within 10 days of the original order and not by letter. This order came after the 10 days elapsed.

.....

All Comments on the case

2011-05-25 Payment of $30,000 by a Jamati Member

Background information:

The Federal Court in canada ordered Mr Jiwa and Tajdin (Defendants in the Copyright Case) to pay $30,000 in Cost to H.H. Tthe Aga Khan. A cheque was sent by a well-wisher from London, UK, which the defendant had never met nor did they know at that time who was Chatur,. The Imam never cashed the cheque. Sachedina tried to convince Chatur to take back his cheque. The fact that the cheque was never cashed by the Aga Khan was a blow to the face of those pretending that the Imam had sued his Murids (followers) and that the lawyer was acting on behalf of the Imam in asking those costs. The non-cashing of that cheque was instrumental in convincing the Jamat (community) that Gray may have been hired by Sachedina and not by the Imam.

The following was written by Mahebub Chatur:

27th May 2011

President Amin Mawji and Mukhi Saheb Alnashir Rehmu (West London)
Shia Imami Ismaili council for UK
Ismaili Center
Cromwell Road
London SW7 By email and hand

Dear President Saheb and Mukhi Saheb,

In accordance with our policy of communicating with Hazar Imam (Aga Khan), I request you to forward this letter urgently to Hazar Imam personally, with the enclosed Cheque of Canadian $30000 in favour of “H H The Aga Khan”. I look forward to your confirmation as normal that you have forwarded them. (The cheque is pursuant to the Judgment of Justice Harrington, of the Federal Court of Canada, under file No. T-514-10 whereby he ordered costs of $30,000.00 to be paid by Nagib Tajdin and Alnaz Jiwa.)



Cover Letter To Hazar Imam by Mr Chatur

On June 6th, 2011 Nagib (not verified) says:

His Highness Prince Karim Aga Khan
The Aga Khan Secretariat
Aiglemont, France

May it please Khudavand,

Your Highness;

It is an honour and a privilege for me to forward a cheque in favour of “ H H The Aga Khan “ for GBP £ 19000, which is equivalent to Canadian $30000. This includes an additional sum of $300 in case of any bank or conversion costs. (The sum is pursuant to the Judgment of Justice Harrington, of the Federal Court of Canada, under file No. T-514-10 , and order for costs of $30,000.00 to be paid by the 2 murids, namely Nagib Tajdin and Alnaz Jiwa.)

Unfortunately this lawsuit has not ended based on Imam’s guidance and interaction with Aitmadi Sachedina, and the Leadership by me and many others. The court ordered the sum to be paid, pending the outcome of an appeal which has been filed.

I am making this payment from my own personal funds, and on behalf of my two spiritual brothers, out of love, brotherhood and affection. I do not know Alnaz Jiwa or Nagib Tajdin personally nor have I ever met them. I shall look forward to meeting them.

My reasons for making this payment are as follows;

1 I have studied all the court documentation and thousands of comments by many Murids I have personally discussed with hundreds of Ismaili Murids, and Leaders around the world regarding the 2 murids and this Lawsuit.. I have communicated with the Leaders generally and the leaders involved. I have verified the ground realities. I have the requisite professional qualifications, experience and expertise to enalble me to do so professionally , fairly and objectively.

2 I am convinced that the 2 murids (and their families) are loyal and devoted followers (muirds) and are my true spiritual brothers (They are truly Farmanbardari and Sevadari momeens)

3 They have in the past, and continue to serve the Jamat selflessly, with sharing considerable amounts of time, money, resources, and knowledge.

4 Resources and farmans which they have made available to the Jamat for over 20 years have been invaluable to Leaders, scholars and Al Waezeens around the world. In fact most Al Waez’s in most parts of the world use them because they cannot access them institutionally.

5 After the meeting with Hazar Imam on 15th October 2010, the 2 murids signed a consent order which they sincerely believe was as directed by Hazar Imam.

6 Nagib Tajdin has handed to ITREB Kenya the remaining 193 books as directed by Hazar Imam on 15th October 2010

7 Preservation and understanding by the Jamat of the The sanctity of Mehmani’s.

8 My conversation on 6th December 2010 and related communication with Aitmadi Shafik Sachedina (memorandum attached - annexure 1).

9 Alnaz has suffered professionally and lost business and clients as a result of this lawsuit. The business of Nagib has also suffered similarly.

10 If the lawsuit is not settled and the appeal is not allowed, then the 2 murids will have to pay additional costs.

11 The Lawyers are now seeking assessment hearing to determine the profits that might have been made by these two murids.

12 I am happy to assist and contribute in the interest of the Jamat, as a spiritual brother and a member of the Jamat.

13 I feel a compelling duty to support and assist under the circumstances.

14 As a result of this lawsuit the 2 murids, and their family are facing extreme emotional and socio economic challenges.

15 Hazar Imam has confirmed and directly clearly that all Farmans and guidance are to be made available to all murids, in all locations and in remote locations. Leaders have been limiting and restricting access to Farmans and Imams guidance.

16 I have discussed this with my wife and we are both in agreement.

17 I Informed the 2 murids that I wish to make this payment and requested their permission. They inform me the have considered and agreed.

If the appeal is allowed by the court, It is my wish for Hazar Imam to use the sum of $30000 for any activities Imam so wishes (without any limitation whatsoever)

I seek guidance, and pray for good health, for unity, for brotherhood, for peace and happiness for my family, all our leaders and Jamat. I also seek forgiveness for my shortcomings.

I am sending a copy of this letter to the 2 murids.

Yours truly

Mahebub Alam Chatur



memorandum by Mr Chatur the day before the December 7 hearing

Memorandum - conversation with Aitmadi Shafik Sachedina (SS) 6 December 2010

Dr Shafik called me. He said he was on route to Brussels and will be meeting Bapa today. SS said since he knows me personally he felt he wanted to speak with me to clarify some of the matters in the Lawsuit. The following is a summary of our conversation.

1 SS said, Gray had drafted the Consent after 15 Oct 2010. Alnaz and Nagib did not agree to it. Gray drafted a second one. They signed and sent a different one. Mawla saw and annotated the drafts. The main issue is an admission of infringement

2 SS said Mawla personally picked the legal advisers and appointed Mr Gray. He had not met Gray before the start of the lawsuit and that Firm has not done any work for us (SS – institutions) before the lawsuit. and has not used him. That Firm was recommended to Bapa by the Lawyers in France.

3 SS said Mawla approved and wrote the letters to Nagib, and there was no forgeries of the signatures, by him or by anyone else.

4 SS said it was Mawla who first instructed Gray, and not him. I said that will not be an issue if the case is settled since only one issue remaining. That of an admission of Infringement – He agreed.

5 SS said he does not have anything to do with case as Mawla is handling it direct with the Lawyers and the lawyers in France. I said surely Mawla is sharing with the top leadership and keeping him informed on such an important Jamati matter.

6 I requested him to please speak to the top 5 leaders and then say to the Mawla that there is only one small issue separating us and the 2 murids which is an admission of Infringement. I requested SS to give Mawla the 7 reasons I gave why we need to preserve the sanctity of Mehmani and end this case with honour and respect. I said he can say to Mawla, we as leaders would like one opportunity to meet the 2 murids as leaders in a group to agree the infringement issue, and conclude this case by consent. By doing so we can also legally achieve the objective and the santity of our mehmani, rites and ceremonies will also be protected. I said Mawla would be very happy. If for some reason Mawla does not Mawla will tell the leaders why and you will have tried your best to end the case.

7 SS said Mawla is very angry and wants to proceed all the way, and neither he nor other leaders can go against Mawla’s wishes. It is Mawla who is handling the case.

8 I said that he speaks to Mawla every day and I know decisions are made on for example budgets which are then presented. Then there is new information or a reconsideration. There are then changes and we have seen changes with new suggestions and Ideas . I said this is in the same spirit. I said Mawla is Rehman and Rahim and Karim and wishes us to work together. I said Mawla I feel Mawla will be happy if all his top Mawla leaders come to him through SS and speak with one mind and are working together and in this case as directed on 15th October. I asked why there has been no meeting and Alnaz was never contacted.

9 He said he tried very hard before the lawsuit, and after lawsuit they did not ask for a meeting and it is up to them to ask. I said they did ask for meetings but did not trust him so a meeting with other leaders or local Mukhi’s would have done the trick, I said in this case it is also up to leaders to take the initiative and the first step if needed.

10 He said that for 45 minutes in London Mawla spoke to all the Leaders recently about the lawsuit too. I said my info from some who attended say this was not discussed by Mawla, and they are also as concerned and as confused as I am. He assured my Mawla did speak about this. I said maybe my info is incorrect and I would love to speak to a few of our leaders on this so we are all on the same page

11 He said there was a leaders meeting in Toronto and leaders agreed to proceed. I said but he is saying Mawla decided Mawla is controlling. So why can SS not now also have a discussion with Azim, Mohammed, MM, AK and Presidents of Canada, UK and Kenya,. Then say to Mawla we have considered and if it pleases Mawla we would like to meet the 2 murids and close this case as the only issue remaining is an admission of Infringement. I said if mawla is approached by them Mawla will re consider if they speak with one voice, and Mawla is remided of the Directions and given a copy of the consent signed by Alnaz and Nagib.

12 I said I can assure him that this consent is legally possible and the result can be such that “lathi bi na toote ane samp bi na mare” I said I am sure Mawla would very happy to see conciliation and agreement with all speaking with one voice, rather than to continue the lawsuit.

13 He said we have agreed that there should be no damages or costs. We are only asking for $30000. I said in this case money is not an issue and money means nothing. They have given more and would give all their money to Mawla if that was an issue, and if Mawla asked. I said so would I too and so would you Shafik. I said they are loyal and sevadari’s.

14 He said he has tried hard before the lawsuit was filed by Mawla. I urged him not to stop now. He should have continued after the lawsuit was filed. I urged him to meet them now with other leaders since they do not trust him. I remined him that I had offered this to him in April 2010. He with other leaders should have met them. SS said they have not asked for a meeting. I said according to their comments in the net, they had and I feel he should have arranged for other leaders to meet them to understand and agree. I said Mawla wishes that and it would make Mawla very happy.

15 I urged him to rise above all this and speak to the leaders and to MHI and try his best to settle the case before the hearing tomorrow. He is our top leaders and this is the least he should do and he should expect this from himself for himself. I expect this from him and passionately urged him to do so.

16 He promised to discuss with Mawla and “flag ” this to Hazar Mawla. He said he was meeting Mawla later today. He said he will let me know. I urged him before now and his meeting can he please speak to other leaders and get their agreement so he can say all leaders agree.

17 I said if he wishes I will fly out today to be in that meeting and or if I can see the 3 drafts I will be happy to facilitate a meeting with the 2 murids who as he knows I have never met or knew before the lawsuit.

18 I said am in touch with Nagib, and have also asked searching questions, and I see no reason why they will not agree if Mawla says so since there is one issue on the table and to reinstate confidence and trust. I added that If you resolve this then the issue of mehmani and all other issues will all be preserved and settled. I said to continue the lawsuit will have an impact on the external geo political dynamics which can be significant if and when someone decided to take pot shots at Ismailes or Mawlaat in future.

19 He said he is personally taking so much flak and it was Mawla who decided to take Action. I said I appreciated this and It is in his hands to speak to leaders and Mawla to end this case. I said I hope this lawsuit can be ended before the hearing tomorrow. He said he will flag Mawla and let me know.

The only remaining issue is an admission of Infringement by Alnaz and Nagib and preserving the sanctity of our Mehmani, and related rites and ceremony. Our Tariquah, I said can be easily and legally addressed for the purposes of a settlement. I f it is agreed that there was consent in that Mehmani, which by agreement has been withdrawn. Copyright has never been an issue in this lawsuit. Thus preserving the sanctity of Mehmani.

Alnaz and Nagib will be happy to give undertakings and we can all work together going forward as directed by Hazar Mawla. There is no reason to distrust Alnaz and Nagib (who are loyal sevadaris)

.....

All Comments on the case

2011-06-16 Appeal Factum Against Summary Jugment - Filed by Defendants.

On June 16th 2011, The Defendants filed, in the Federal Court of Appeal of Canada, the Memorandum of Fact and Law for the Appeal against the Summary Judgment.

Inexplicably, on June 14th, immediately after the defendants served him with the document, the Plaintiff's Lawyer, Mr Gray, leaked the information to a newspaper dedicated to demeaning the defendants, two days before it was filed in court.

You may download the Full Memorandum of Fact and Law in printable pdf format, or Keep reading it online below. Note that the Defendants are referred as the 'Apellants', and the Plaintiff is referred to as the 'Respondent'.

APPELLANTS’ MEMORANDUM OF FACT AND LAW

PART I - OVERVIEW

1. This is an appeal by the defendants from the Judgement of The Honourable Justice
Harrington dated March 4, 2011. In that Judgment Justice Harrington granted summary
judgment in favour of the plaintiff, while simultaneously denying the defendants’ motion for
summary judgment.

2. The plaintiff commenced this action by Statement of Claim dated April 6, 2010. By this
action, the plaintiff seeks: (a) a declaration that copyright subsists in the Aga Khan’s literary
work; (b) a declaration that the defendants have infringed the plaintiff’s copyright and moral
rights; (c) injunctive relief; and (d) damages. The infringing material is defined as the
Golden Edition Book (“Golden Edition”) accompanied by its mp3 bookmark.

3. The named plaintiff, His Highness Prince Karim Aga Khan (hereinafter the "Imam" or the
“Aga Khan”), is the spiritual leader of the Shia Imami Ismaili Muslims. There are
approximately 15 million Ismailis worldwide, located in over 25 countries. The Imam
succeeded his grandfather, Sir Sultan Mahomed Shah Aga Khan, to become the 49th
hereditary Imam on July 11, 1957

4. In this action, it is asserted that the appellants have infringed the Aga Khan’s copyright by
distributing His works, known as "Farmans" which are oral Guidance made by Him as Imam
(spiritual leader) when He blesses His Jamats (congregation, "Ismailis").

5. As Ismailis, the appellants are expected to guide their lives according to the Farmans made
by their Imam, who has said that He makes Farmans for the Ismailis, and He has also said
that not abiding by His Farmans can have very serious consequences to the individual.

6. Although the appellants defended this action on the grounds that the litigation has been
commenced and prosecuted by Shafik Sachedina ("Sachedina"), who was appointed as Head
of the Imam's Secretariat in or about December 1996, their main defence is that on August
15, 1992, during His visit to Montreal, the Imam gave His personal consent and authorization
(with blessings for the success of the "work") to publish and distribute His Farmans during
a ceremony known as Mehmani (a religious ceremony when the Imam personally meets His
followers), and, in any event, by virtue of having given an oath of allegiance to the Imam,
thereby becoming His Spiritual Children, the appellants also have an implied consent and
authorization to the Farmans (the Ismaili Constitution which governs all aspects of an Ismaili
life also does not prohibit the activities complained of), and as a result, the activities
complained of are not infringing the Aga Khan's copyrights. The appellants also relied on the
legal concepts of Detrimental Reliance and Latches.

7. The appellant Nagib Tajdin (“Tajdin”) has published about 10 books after the Imam gave His
personal consent, authorization and encouragement on August 15, 1992, to “continue”
publishing His Farmans, The last publication, “Golden Edition” (the publication subject of
this action) contains all of the Farmans previously published by Tajdin with new ones added
after the date of the previous publication. All of the work undertaken by Tajdin was on a
voluntary basis out of love for the Imam and was undertaken without any motivation for
making profits. He invested his time and money and sold the books at nominal prices without
recovering his investments (all projects were deficit projects.)

8. The appellants note that no evidence has been filed denying the giving of consent,
authorization or encouragement in 1992, or any evidence explaining away the words spoken
by the Aga Khan on August 15, 1992, to either deny what was said or to explain what He
might have meant when He said “continue doing what you are doing” while placing His hand
on the Farman Book, which clearly indicated that it was Volume 1 of His Farmans between
1957 to 1991, nor is there any evidence to place limitations or conditions on the words
spoken. Yet, inexplicably, the motions judge speculated about what the Aga Khan might
have meant by the words spoken and also speculated about restrictions on the words spoken
by the Aga Khan in coming to a decision that no consent was given by the Imam in 1992.
The motions judge also held that he would require expert evidence to determine the issue,
but then nonetheless granted judgment.

PART II - STATEMENT OF FACTS

9. The Aga Khan is the spiritual father or “Imam” of the appellants. Farmans are given orally
by the Aga Khan as Imam to His followers (Ismailis) when He grants them an audience, and
the Farmans immediately become binding upon all Ismailis across the world whether or not
they were present to hear the Farman in person.
Appeal Book, Vol 1, Tab 11, p.132, paras. 3, 4; Tab 13, p. 195, paras 2, 4

10. One of the most important tradition of the Ismaili faith is that all Ismailis give their Oath of
Allegiance to their Imam before they are accepted into the Ismaili faith, and in return, the
Imam also reciprocates by giving His promise to protect and to guide them through the
making of Farmans, in their worldly and spiritual lives. The appellants have given their Oath
of Allegiance to the Imam and He in return promised to guide them through the making of
Farmans. The appellants note that there is no evidence at all contradicting or challenging this
issue and as such implied consent could be established by this evidence standing on its own.
Appeal Book, Vol 1, Tab 11, p. 132, paras. 3, 4; Tab 13, p. 195, paras. 2, 4

11. One of the essential obligations of Ismailis is to abide by the Farmans, which are generally delivered
by the Aga Khan orally, or occasionally, He might send a brief written message to the Jamats or
individual Ismailis, which is known as Talika. A Farman remains valid until and unless superceded
by a new Farman.
Appeal Book, Vol 1, Tab 11, p. 132, para. 5, 6; Tab 13, p. 195, para. 3, 4;
Tab 14, p. 209, para. 14

12. As Imam of the Ismailis, the Aga Khan has absolute authority in interpreting the faith for the
Ismailis to practice according to the Time and Age, and accordingly, it is incumbent upon
Ismailis to follow closely every word of every Farman delivered by their Imam, and non
obedience of Farmans with respect to religious matters have serious consequences to an
Ismaili. The Aga Khan has said in this regard:

The Imam’s word on matters of faith is taken as an absolute rule. ... The Community
always follows very closely the personal way of thinking of the Imam. ... An Ismaili
who did not obey My word in matters of faith, would not be excommunicated, he
would still be a Muslim. He simply would no longer be a member of the Jamath [His
followers].
Appeal Book, Vol 1, Tab 13, p. 200, para. 21

13. The Imam Himself has often acknowledged that the Farmans are made for the Jamats (His
followers). On November 29, 1964, the Imam said:

I have given you Farmans which I urge you to follow, because these Farmans I make
are made for My Jamats.

On March 4, 1981, the Imam said:
I have a feeling I may have been speaking at a level which is difficult for some of you
to comprehend. If this is the case, I simply ask you to listen to this Farman at your
own time more peacefully, and try to understand what I have been saying to you.
This is a complex Farman. ... think about it, discuss it with your children, discuss it
with your grandchildren, if they are old enough to think in these terms, and prepare
them to see the way ahead, wisely and properly.
Appeal Book, Vol 1, Tab 13, p.199, para. 19

14. Despite the above, Farmans have not been available for personal study through any official
channel in at least three decades (previously there were printed and distributed to the Jamats).
Cross examinations of Sachedina have established that over 80% of Ismailis have no access
to Farmans. Evidence by Tajdin, confirmed on cross-examination, has established that many
other Ismailis maintain personal collections, and publish Farmans and circulate them
amongst themselves, or to their friends and other Ismailis in accordance with a longstanding
Ismaili tradition.
Appeal Book, Vol 1, Tab 11, p. 133, para. 7, 8,11; Tab 15, p. 215, para. 18-22;
p. 222, para. 57;
Appeal Book, Vol III, Tab 33, p. 668, Q. 633-637; Tab 34, p. 893, Q. 606-614,
Exhibits E, F;

15. In searching for Farmans, the appellant Alnaz Jiwa (“Jiwa”) came across co-appellant Nagib
Tajdin (hereinafter “Tajdin”) who provided Jiwa with Farmans, copies of which he could not
obtain from any institutional body. The first books were obtained by Jiwa in 1993 for his
personal use. Shortly thereafter, Jiwa obtained more Farman books to distribute to friends
and family members and has been distributing the Farman books as they were periodically
published by Tajdin since 1993. Tajdin asked Jiwa to put the monies received from the sale
of the books to be delivered to the Jamat Khana for the benefit of the Aga Khan.
Appeal Book, Vol 1, Tab 6, p. 71, para 40; Tab 13, p. 196, para. 6-10

16. Jiwa undertook the distribution of the Farman books to enable other Ismailis to become
better acquainted with their faith and to enable them to abide by the Farmans, and distributed
these Farman books at the same price he paid for them to his family and friends. Tajdin has
also undertaken these publications as a volunteer of the Aga Khan - not only without the
intention of making profits, but also by investing his own money knowingly that it will not
be recovered, essentially knowingly entering into deficit projects by selling the books at cost,
by giving many books away for free, by cashing his insurance monies, etc. Overall, Tajdin
has lost a huge amount of money all in the name of voluntary spirit, to enable the Ismailis
to have Farmans to enrich their spiritual lives due to love and affection for the Imam and the
Ismailis.
Appeal Book, Vol 1, Tab 11, p. 139, paras. 36, 37; Tab 13, p. 196, paras. 7-9

17. Jiwa states that in distributing Farman books obtained from Tajdin to his families, friends,
and other Ismailis, Jiwa (as well as Tajdin) in loose format (pages) or in book formats over
the years, he has not violated either the Ismaili Constitution or any Farmans of the Imam, the
two primary sources that all Ismailis are obliged to abide by. Farmans made after ordaining of
the New Ismaili Constitution can supercede the Ismaili Constitution in the case of any
inconsistency between the provisions of the Constitution and the Farman.
Appeal Book, Vol 1, Tab 13, p. 196, paras. 11-18
Vol III, Tab 33M, p. 721, Article 2.6

18. The first Farman book was published by Tajdin in August 1992 when the Imam visited
Canada to grant an audience to the Canadian Ismailis. The Imam agreed to personally grant
an audience to approximately 20% of Canadian Ismaili families, and they were to be chosen
alphabetically, and as such Tajdin was unable to personally meet the Imam. Accordingly,
he asked a very good friend of his, Karim Alibhay (“Alibhay”) to present the Farman book
to the Imam and to seek His Guidance.
Appeal Book, Vol 1, Tab 11, p.134, paras. 13-16;
Tab 14, p. 208, paras. 6-9; Tab 15, p. 213, para. 11

19. Alibhay, in Montreal on August 15, 1992, presented the Imam with the first book published by
Tajdin during a personal attendance before Him. The first Farman book clearly indicated on the
cover page that it contained the Aga Khan’s Farmans made to the Western World between 1957 to
1991, and that it was a Volume 1.
Appeal Book, Vol 1, Tab 14, p. 208A, paras. 9-10

20. Alibhay gave evidence that after posing a question to the Imam, the Imam placed His right hand on
his shoulder, His left hand on the book of Farmans and responded in French: “Continuez ce que vous
faites (continue what you are doing), réussissez ce que vous faites (succeed in what you are doing),
et ensuite nous allons voir ce qu'on peut faire ensemble (and then we will see what we can do
together)”. Since then Tajdin has been publishing Farmans (openly to the knowledge of the Imam
and the Institutional leaders) for distribution on a non-profit basis to the followers of the Imam.
Appeal Book, Vol 1, Tab 14, p. 209, para. 6-12

21. Most important, the presenting of the Farman Book to the Imam has been recorded on video and
despite asking for same, has not been produced to the appellants or to the court, and its existence has
not been denied. This would have been the best evidence concerning the presentation of the Farman
book to the Imam and his response. An adverse inference could and should have been drawn due
to the failure to produce this best evidence that goes to the heart of the issues raised in defence. As
noted above, there is no evidence tendered at all to dispute Alibhay’s evidence and he was not cross-
examined.
Appeal Book, Vol 1, Tab 13, p. 201, para. 25, 26; Tab 14, p. 209, para. 15, 16;
Tab 15, p. 214, para. 14-18

22. Based on the Imam’s direction and encouragement to “continue” the work, with blessings for
success, Tajdin has been publishing and openly distributing Farmans as from August of 1992 to his
family, friends, and other Ismailis on a non-profit basis since the year 1993. The last book
(Golden Edition) was published in December 2009.
Appeal Book, Vol 1, Tab 7, p. 89, para. 30-35; Tab 11, p. 132, para. 18-21, 36;
Tab 13, p. 195, paras. 6-9;Tab 15, p. 214, paras. 12,13,36, 52, 54;

23. The appellants state that they cannot be said to be infringing the Copyright of the Imam when
they acted on the Imam’s personal authorization and encouragement to “continue the work”
which has not been revoked by Him. The two letters and the Affirmation purported to have
been signed by the Aga Khan is the only evidence which could be said to have revoked the
1992 consent. The appellants’ expert has made a finding that these documents are not signed
by the Aga Khan.
Appeal Book, Vol 1, Tab 12B, 12E, p.169, 189; Vol II, Tab 26J, p. 443
Tab 18B,18C,18D, p.308, 322, 333

24. However, even if the documents were authentic, they were signed in the year 2010, well after
the Golden Edition was published and distributed, which raises the issues of whether it is an
infringement to publishing of the books before the consent is revoked, and whether once
published an injunction can issue prohibiting the books published during the consent period.

PART III - STATEMENT OF ISSUES

25. The appellants raise the following issues for determination:

(a) Whether the motions judge erred in law when, contrary to Rule 216(1), he failed to
consider whether there was a genuine issue for trial but instead proceeded as though
he were the trial judge;

(b) Whether the motions judge erred in law in admitting and relying on hearsay evidence
(the two letters and the Affirmation purportedly signed by the Aga Khan) to ground
his judgement;

(c) Whether the motions judge erred in law in relying on the evidence of the
respondent’s expert after finding that the experts’ evidence was contradictory;

(d) Whether the motions judge erred in finding that the experts’ evidence was
contradictory;

(e) Whether the motions judge erred in law by drawing inferences without the necessary
facts on the record, and/or on drawing inferences on contested facts;

(f) Whether the motions judge erred in rejecting the unchallenged evidence of Alibhay
who was not cross-examined, and in relying on the evidence of Sachedina when his
evidence not only was contradicted by Tajdin but also by Mohamed Tajdin’s
(“Mohamed”) evidence (who was not cross-examined);

(g) Whether the motions judge erred in speculating what the Aga Khan might have meant
when he said, “Continuing doing what you are doing”when there was no evidence at
all on this issue to either contest the evidence of Alibhay, or to explain away the words
spoken;

(h) Whether the motions judge misapprehended evidence of the words spoken “continue
the work” by the Aga Khan in 1992 when he concluded that the Aga Khan never gave
consent to the publication of the Farmans, despite jurisprudence on the issue (that
consent can be implied from relationship, conduct, including indifference);

(i) Whether the motions judge erred in granting a judgement after acknowledging that he
had no expert evidence on the issue of religious gestures relating to the issue of the
personal consent and authorization given by the Aga Khan on August 15, 1992;

(j) Whether the motions judge erred in making a determination on the issue of
authorization and consent and implied consent without a factual underpinning on the
complex issues;

(k) Even if the consent and authorization given by the Aga Khan on August 15, 1992, to
“continue the work” was revoked after the date of the publication of the Golden
Edition, whether the appellants could be found to have infringed on the Aga Khan’s
Copyright, and whether an injunction could issue restraining the further distribution of
the Golden Edition without being liable for the damages suffered by the appellants for
same?

(l) Whether a party responding to a motion for summary judgment is required to file all
evidence as if they were conducting a trial and in failing to do so, the party risks having
an adverse inference drawn against them, and judgment granted?

(m) Whether the motions judge erred in speculating what the impact of the discoveries were
when there was no evidence on the record, and erred in stating that the attendance was
proof positive that the consent, if given, was revoked;

(n) Whether the motions Judge erred in interpreting the Ismaili Constitution and its impact
on the issue of implied consent in the issue of Copyright infringement;

(o) Whether the motions Judge erred in holding that the onus is on the appellants to prove
consent contrary to the holding made by the Federal Court of Appeal in Positive
Attitude Safety System Inc. v. Albian Sands Energy Inc., 2005 CarswellNat 3575 (Tab
13), which held that the plaintiff had the onus of proof of no consent;

(p) Whether the entered order goes beyond what is sought for in the Statement of Claim
(infringing materials is defined as the Golden Edition), but the Judgment granted is
much broader in that regard;

(q) Whether the motions judge erred in his assessment and his finding on the issue of
Latches;

(r) Whether the issue of Detrimental Reliance applies, given the fact that appellants had
changed their position after the Aga Khan had said in 1992 to “continue doing what
you are doing”?

(s) Whether the motions judge had jurisdiction and /or whether he erred on the issue of
Ordering Costs be payable to the plaintiff when the Notice of Motion did not seek that
relief.

PART IV - LAW AND ARGUMENT

Standard of Review

26. In determining what the standard of review is from an appeal from a judge's decision, the
Ontario Superior Court of Justice (Divisional Court) referred to the decision in Housen v.
Nikolaisen, [2002] 2 S.C.R. 235, 211 D.L.R. (4th) 577, [2002] S.C.J. No. 31 (S.C.C.) (cited
to Q.L.), and summarized the law as follows:
“The standard of review on a motion for summary judgment does not require an
analysis of whether a palpable and overriding error has been made by the judge hearing
the motion. It is strictly one of correctness.”
Canadian Imperial Bank of Commerce v. F-1 Holdings & Investments Inc., 2007
CarswellOnt 8012, at paras 5-8; Appellants’ Brief of Authorities, Tab 3

27. Justice Himel in B. (F.) v. G. (S.) (2001), 199 D.L.R. (4th) 554 (Ont. S.C.J.), explains why the
appropriate standard of review of a summary judgment should be one of correctness as follows:
“In a motion for summary judgment, the judge hearing the motion is not finding facts
but, rather, is determining whether or not there is a genuine issue for trial. ... On an
appeal of an order of summary judgment, the appellate court must determine whether
the judge applied the appropriate test and whether there was any error in its application.
... The standard of appellate review is, therefore, a standard of correctness, not a
standard of deference applied to findings of fact in a trial.
B. (F.) v. G. (S.), 2001 CarswellOnt 1413, (O.S.C.J), at para. 10
Appellants’ Brief of Authorities, Tab 4

28. Accordingly, the appellants submit that the appropriate standard of review for reviewing the
decision of a motion judge’s hearing motions for summary judgment is a standard of
correctness, in so far as he is assessing whether there is a genuine issue for trial, and when he
is exercising his discretion in determining the issue of granting judgment pursuant to Rule
216(3), then the standard is whether the judge gave sufficient weight to all relevant
considerations.
MacNeil Estate v. Canada (Department of Indian & Northern Affairs), 2004 FCA
50, [2004] 3 F.C.R. 3 (F.C.A.) at para 28
Appellants’ Brief of Authorities, Tab 6

Role of the Motions Judge / Appropriateness of Summary Motion

29. The motions judge started his reasons for decision by stating that the “only issue in these cross-
motions for summary judgment is whether the Aga Khan gave the appellants his consent to
publish his literary works known as Farmans and Talikas.” [Emphasis added]. However, as
noted in paragraph 9 above, the appellants are not only relying on the issue of consent as
articulated by the motions judge.
Appeal Book, Vol 1, Tab 3, p..23, para. 1

30. The motions judge erred in focusing on the merits of the action as opposed to the more limited
question of “genuine issue” which is the cornerstone of a motion for summary judgment.
Having made that error, the motions judge then proceeded to analyze the evidence as a trial
judge as opposed to a motions judge. The motions judge erred in failing to determine properly
the import of the following issues:

a. issue of the oath of allegiance given by the appellants to their Imam and in exchange
the promise by the Imam to guide His flock which would mean that an individual who
is the Imam’s follower is entitled as of right to the Guidance issued by his spiritual
guide and to distribute them to his families and fellow Ismailis;
Appeal Book, Vol 1, Tab 11, p.132, paras. 3, 4; Tab 13, p. 195, para. 2
Tab 33M, p. 706, Articles D-F

b. issue of whether the Ismaili Constitution is a complete code of conduct and whether
the Ismaili Constitution supercedes the provisions of Copyright Act in that it could be
considered as an implied consent, consent by conduct and/or relationship;
Appeal Book, Vol 1, Tab 13, p. 196, para. 11-23

c. issue of the Farmans made by the Imam wherein He urges His followers to abide by
every word of His, that He makes Farmans for His followers, and many other such
Guidance which could be deemed to be implied consent;
Appeal Book, Vol 1, Tab 13, p. 199, paras. 18 -22

d. issue of the continuous publication of Farmans from 1992 with the knowledge of the
Imam and his institutional leaders thus precluding the granting of an injunction on the
legal consent of “Latches”, and or “Detrimental Reliance”; and
Appeal Book, Vol 1, Tab 13, p. 196, para. 6,10; Tab 15, p. 216, paras. 26, 36
Vol II, Tab 26, p. 395, para. 14; Vol III, Tab 34, p. 750, Q. 468-470

e if this litigation or the letters purportedly written by the Aga Khan is deemed to revoke
the consent given by Him in 1992, then can it retroactively prohibit the publication of
the Golden Edition which was published within the period the consent was effective.

31. The motions judge identified (at para. 60) numerous questions that remained unanswered, and
in light of such fundamental questions remaining in doubt, the motions judge erred in granting
summary judgment. In the case of Garford Pty Ltd., Justice James Russell sternly drew the
distinction between hearing a motion for summary and trials at para. 9 as follows:
"A motion for summary judgment is not intended, and should not be treated, as a
substitute for a trial. In determining whether a trial is unnecessary and would serve
no purpose, the motions judge must guard against assuming the role of a trial judge and
deciding the issues" and at paragraph 10, he states that, "... [summary judgment] should
not be granted where, on the whole of the evidence, the judge cannot find the
necessary facts or it would be unjust to do so. If there are serious factual or legal
issues that must be resolved, the case is not appropriate for summary judgment."
[Emphasis added]
Garford Pty Ltd. v. Dywidag Systems International Canada Ltd., 2010 FC 996
Appellants’ Brief of Authorities, Tab 5, paras. 6-9

32. The motions judge’s decision relying on inadmissible hearsay evidence (paras. 18, 20, 23, 30,
44), drawing an adverse inference (paras. 58-65), preferring one version of evidence when
faced with contradictory evidence (para. 19), drawing inferences from contested evidence
(para. 44), without explaining why the contradictory evidence between Bhaloo and Sachedina
against Tajdin and Mohamed (who was not even cross-examined) did not raise a serious
credibility issue when the evidence they contradicted on was on material issues, ignoring
evidence that was not challenged and in speculating (without any underlying evidence) on what
might have been meant when the Imam said, “continue doing what you are doing” (paras. 39-
46), drawing an adverse inference (paras. 25, 59, 60, 63 67) because evidence was not led on
all of the issues are all indications of the motions judge misapprehending his role as a trial
judge as opposed to being a motions judge.
Appeal Book, Vol 1, Tab 3

33. Rule 216(3) permits a judge on a motion for summary judgment, after finding that a "genuine
issue" exists, to conduct a trial on the affidavit evidence with a view to determining the issues
in the action. However, this is not always possible, particularly where there are conflicts in the
evidence, where the case turns on the drawing of inferences or where serious issues of
credibility are raised (MacNeil Estate), and a motions judge can only make findings of fact or
law provided the relevant evidence is available on the record and does not involve a "serious"
question of fact or law which turns on the drawing of inferences (para. 33 of MacNeil Estate).
A respondent to a motion for summary judgment does not have the onus as they would if they
were plaintiffs at trial, and do not have the burden of proving all of the facts of their case.
Rule 216(3), Appellant’s Brief of Authorities, Tab 2
MacNeil Estate, supra, at paras 25, 36, 37, 38; Appellants’ Authorities, Tab 6

Petrillo v. Allmax Nutrition Inc., 2006 CarswellNat 3328, 300 F.T.R. 262.
paras. 40, 41, 42, 45, 49; Appellant’s Authorities, Tab 26
34. The Federal Court of Appeal in the case of Pyrrha held that when significant consequences
flow from a summary judgment decision on an issue [under Copyright Act] which had not
previously been litigated in Canada and that difficult issue should not be decided in a summary
way without have more evidence at trial on the issues.
Pyrrha Design Inc. v. 623735 Saskatchewa Ltd., 2004 Carswellnat 4660, 2004
FCA 423, at para 13; Appellants’ Brief of Authorities, Tab 27

Admissibility of Evidence

35. The respondent’s evidence consists of five affidavits: by Sachedina; by Aziz Bhaloo
("Bhaloo"); by Jennifer Colman ("Colman"); by Daniel Gleason ("Gleason"); and by Brian
Lindblom ("Lindblom") an expert witness. All of the evidence filed primarily consists of
hearsay and/or double hearsay evidence, or documents attached to Exhibits to their affidavits,
which documents are in the nature of hearsay. Such evidence can only be admitted if the
grounds of necessity and reliability (Merck Frosst Canada Inc.) are satisfied. The motions
judge erred in law in admitting (and in relying) on the impugned evidence, and also founding
his judgment almost entirely on the impugned evidence, evidence which was materially
contradicted by the appellants’ evidence, some of which was not even cross-examined.
Appeal Book, Vol II, Tabs 26, 27, 28, 29, 30, p. 392-489

36. Sachedina’s affidavit and Bhaloo's affidavit were entirely based on hearsay or double hearsay
evidence, and Sachedina attached two letters purportedly written by the Aga Khan as exhibits
to his affidavit. Gleason and Colman attached an Affirmation purportedly signed by the Aga
Khan as an exhibit to their affidavit, all without tendering any evidence of necessity and
reliability to make these attachments admissible.
Appeal Book, Vol II, Tab 26 & 27; Tab 28A; Tab 29A.
Vol I, Tab 18B,18C,18D, pp.308, 322, 333

37. Sachedina confirmed on cross-examinations that the Aga Khan did not instruct them or ask
them to file evidence on his behalf or at all, and that they did not consult with the Aga Khan
nor did they review the contents of their affidavits with the Aga Khan, essentially confirming
the appellants’ evidence that they are the instructing minds in this litigation.
Appeal Book, Vol III, Tab 34, p. 750, Q. 25,26,28-33; Tab 35, p.1040, Q. 6

38. Associate Justice K. Sharlow of the Federal Court of Appeal in the case of Candrug Health
Solutions Inc., allowed the appeal and reversed the motion’s judge’s order after reviewing
thirteen affidavits and finding that many affidavits did not contain admissible evidence and/or
evidence capable of supporting the evidence required to support the issue in question, and said
that: “It is not clear from the judge's reasons whether and to what extent he relied on any of this
evidence, but I must conclude with respect that any such reliance would have been misplaced.”
Candrug Health Solutions Inc. v. Thorkelson, 2008 CarswellNat 663, 2008 FCA
100, at para. 14; Appellants’ Brief of Authorities, Tab 8

39. Additionally, the court in Merck & Co. stated:
“In my opinion the evidence in question is clearly hearsay and is precluded from
admission unless it be admissible by some exception to the hearsay rule. That rule, as
defined by Sopinka, Lederman and Bryant in The Law of Evidence in Canada, (1992,
Butterworths, Toronto) p. 156, may be stated as follows:
“Written or oral statements, or communicative conduct made by persons
otherwise than in testimony at the proceeding in which it is offered, are
inadmissible, if such statements or conduct are tendered either as proof of their
truth or as proof of assertions implicit therein.”
Merck & Co. v. Apotex Inc. 1998 CarswellNat 560, 79 C.P.R. (3d) 501, 146 F.T.R.
148, at para. 7; Appellants’ Brief of Authorities, Tab 9

40. A comprehensive analysis on the issue of hearsay is set out in Rees.
Rees v. Royal Canadian Mounted Police, 2005 CarswellNfld 83, 2005 NLCA 15
at paras 71-73; Appellants’ Brief of Authorities, Tab 10.

41. The Court in the case of T.E.A.M. sternly reminded the importance of requiring parties to bring
forth “best evidence” as follows:
“The court should afford little or no weight to hearsay evidence ... Reliance on hearsay
evidence should be particularly discouraged in the context of a summary judgment
motion. Parties are urged to put their best evidence before the court in a direct fashion
when they seek a summary judgment in their favour: Podkriznik v. Schwede,[1990]
M.J. No. 179, 64 Man. R. (2d) 199 (Man. C.A.).” [Emphasis added]
T.E.A.M. v. Manitoba Telecom Services Inc., 2005 CarswellMan 446, 206 Man. R.
(2d) 39, para. 10; Appellants’ Brief of Authorities, Tab 11

42. Justice Gibson in the case of American Cyanamid Co. said as follows:
“I conclude that it would be quite inappropriate to allow the defendant to rely on this
motion for summary judgment on evidence, whether or not it is "other evidence", that
it would not be entitled to rely on at trial.
American Cyanamid Co. v. Bio Agri Mix Ltd., 1997 CarswellNat 636, 73 C.P.R.
(3d) 277, 127 F.T.R. 274, at para 10; Appellants’ Brief of Authorities, Tab 7,
Voltige Inc. v. Cirque X Inc., 2006 FC 686, 2006 CarswellNat 2808, paras. 13, 14
Appellants’ Brief of Authorities, Tab 29

43. Justice Pelletier, in Canadian Memorial Services, held that “One cannot create a credibility
issue by tendering inadmissable evidence” and said that the case raised a credibility issue
making the disposition inappropriate by summary proceedings.
Canadian Memorial Services v. Personal Funeral Services Ltd., 182 F.T.R. 28, 2000
CarswellNat 149, paras 11, 12; Appellants’ Brief of Authorities, Tab 30

Conflicting Evidence

44. Jurisprudence has consistently held that assessment of credibility should be decided at a trial
where the witnesses are cross-examined before a trial judge who must observe the witnesses
give viva voce evidence before deciding the question of credibility, which witness’ testimony
be accepted or rejected.

45. The motions judge held (at para. 19) that the “experts’ reports are contradictory”, but then
accepted the respondent’s expert’s opinion (or non-opnion) and rejecting the appellants’
expert’s finding to ground his decision. The issue of contradictory expert’s findings was an
issue in a motion for summary judgment before Justice Hugessen, who referred to a decision
of the Federal Court of Appeal as follows:
“Clearly the two experts conflict. Both were cross-examined at some length. Neither
resiled from his opinion. That seems to me is the classic circumstance in which the
Court ought not to grant summary judgment and I would cite Trojan Technologies Inc.
v. Suntec Environmental Inc. ( 2004), 31 C.P.R. (4th) 241 (F.C.A.) as a sufficient
authority for that proposition.”
Rivard Instruments Inc. v. Ideal Instruments Inc., 2007 CarswellNat 2695, 2007 FC
870, at para 9; Appellants’ Brief of Authorities, Tab 12

46. However, the evidence does not support the finding made by the motions judge that the
experts’ reports were contradictory. The appellants’ expert conclusively made a finding that
the Aga Khan did not sign the two letters and the Affirmation. The respondent’s expert did not
contradict this finding at all. In his report, the respondent’s expert stated that he could not
make a determination of the question that the Aga Khan had signed the questioned documents
because the quality of the documents given to him was of poor quality. On cross-examination
he admitted that he asked respondent’s counsel, Mr. Gray, “repeatedly” for original documents
which were alleged not to have been signed by the Aga Khan and some contemporary
signatures of the Aga Khan for his review to determine if the appellants’ expert’s findings
could be impeached. Although the respondent’s counsel purportedly said that he had three
original copies of the Affirmation, he did not give even one of the three original copies for
examination by his own expert, nor give contemporary sample signatures of the Aga Khan to
his expert for review.
Appeal Book, Vol 1, Tab 18B,18C,18D, pp. 308, 322, 333
Vol IV, Tab 37, p. 1220, Q. 228-231

47. The respondent’s expert admitted on cross-examination that he was not retained to make a
determination of whether the documents in question were signed by the Aga Khan but that he
was retained to critique the appellants’ expert. He also admitted that he had in the past made
positive determination on the authenticity of a questioned signature on a facsimile copy, and
also admitted that he had undertaken a study which had found that 183 experts out of 186 got
their assessment of the authenticity of signatures correct from reviewing photocopies.
Appeal Book, Vol IV, Tab 37, p. 1220, Q. 100-103, 216-233; Tab 37E

48. Notably though, the respondent’s expert did not contradict the findings made by the appellants’
expert, yet the motions judge inexplicably dismissed entirely the appellants’ expert’s
uncontradicted evidence that the two letters and the Affirmation were not signed by the Aga
Khan.

49. Similarly, Justice Harrington also erred in preferring the evidence of Sachedina and Bhaloo
when their evidence was materially contradicted by Tajdin’s and Mohamed’s evidence (who
was not cross-examined). Sachedina‘s evidence was that since late 90s (after his appointment
in late 1996 and early 1997 at the Imam’s secretariat), the Imam frequently informed him (a
classic hearsay statement) that he was concerned about Tajdin publishing Farman books.
However, his evidence was self-serving and he could not give any details of the information,
when, where, how, etc., the alleged statements were made by the Aga Khan. Sachedina also
declared in his affidavit that he traveled with Bhaloo to Montreal in 1998 inform Tajdin of the
Imam’s position. Justice Harrington relied on this evidence (para. 44) to found his decision
despite the fact that Mohamed and Tajdin materially contradicted their evidence that Sachedina
and Bhaloo did not come to visit Tajdin as deposed by them but that both of them attended a
National fund raising as Guests of Honour (photos enclosed) for the Focus Humanitarian
Group. at the invitation of Mohamed who organized the fund raising event.
Appeal Book, Vol 1, Tab 15, paras. 12-17, 24-39; Tab 17, p. 282, paras. 13-14

50. Mohamed also testified that the meeting with Sachedina and Bhaloo (both of whom were
invited as guests) was organized at the request of Tajdin. Both gave evidence that Sachedina
did not convey any message concerning the ceasing the distribution of the Farman books, and
instead had brought a special message from the Aga Khan to Tajdin family with special
Blessings for their services to the community. Mohamed was not cross-examined on his
affidavit (he has served the Imam and his institutions for three continuous decades in various
voluntary capacity, and currently he (an engineer) and his wife (a physician) are serving the
Imam in senior positions in a voluntary capacity (without any pay or remuneration) for several
years at the Aga Khan Hospital in Kenya as their gift to the Imam for his Golden Jubilee.)
Appeal Book, Vol 1, Tab 17, p. 282, paras. 5-9, 19,22
Appeal Book, Vol 1, Tab 15, p. 212, paras. 35-38

51. Sachedina’s evidence is further eroded in light of the fact that Bhaloo was the Vice President
of the National Council for Canada from 1987 to 1993 and was the organizer for the Aga
Khan’s visit to Montreal in 1992 when the first Farman book was presented to the Aga Khan
and he would have the video of that event but has not produced it. He was also then appointed
as President from 1993 to 1999 during which time Tajdin printed most of the Farman books.
As the most senior leader of Canada, he agreed that he frequently met the Aga Khan during the
relevant period, and yet the Aga Khan never told him that he wanted Tajdin to cease the work
complained off. It is not a coincident that the complaints alleged to be from the Aga Khan
commenced after Sachedina came on board, and who is responsible for the forged letters to be
sent to Tajdin after Tajdin responded to him that he would abide by the Aga Khan’s
instructions.
Appeal Book, Vol I, Tab 16, p. 242, paras.25, 30-31; Tab 15, p. 218, paras. 35, 36;
Vol II, Tab 27, paras. 2-4

52. Justice Harrington made findings of fact despite the seriously contested evidence that goes to
the heart of the dispute contrary to MacNeil Estate and Garford mentioned above. (Sachedina
was contradicted by Tajdin and by Mohamed, who was not even cross-examined. The motions
judge did not even explain why he relied on Sachedina’s evidence to ground his judgment
(although hearsay) and more importantly, why he rejected the evidence of Tajdin (who did not
resile on cross-examination) and Mohamed (who was not cross-examined)). It is submitted
that the Ismaili Constitution, the Ismaili traditions and the Aga Khan’s Farmans all are
contradictory to Sachedina’s evidence in addition to being contradicted by Tajdin and
Mohamed’s evidence.

Onus to Prove Consent

53. The Motions Judge erred in holding (at para. 46) "I am unable to accept the defendants'
tortuous, convoluted reasoning" on the issue of onus of proof. In doing so, he rejected the
appellants’ reliance on a Federal Court of Appeal ruling on point in Positive Attitude Safety
System Inc. held as follows:
“However, even if one assumes that the motion judge was right to consider the
question, the difficulty is that copyright is defined in terms of the absence of the
consent of the owner of the copyright.”
“Consequently, proof of copyright infringement requires proof of lack of consent. It
is therefore illogical to conclude that there has been infringement, subject to the effect
of a purported license. It may be that a party has done something which, by the terms
of the Copyright Act, R.S.C. 1985, c. C-42, only the owner of the copyright may do.
But, before that conduct can be defined as infringement, the judge must find that the
owner of the copyright did not consent to that conduct.” [Emphasis added]
Positive Attitude Safety System Inc. v. Albian Sands Energy Inc., 2005 CarswellNat
3575, 2005 FCA 332, paras 39, 40; Appellants’ Brief of Authorities, Tab 13

54. The above case has approvingly cited in the Canadian Law of Copyright & Industrial Design,
4th Edition (Carswell), at page 21-7:
"In order to show infringement the plaintiff must provide proof of lack of consent".
Justice Russel W. Zinn of this Court in the recent case of Atomic Energy of Canada
Ltd. v. Areva NP Canada Ltd., 2009 FC 980, also held that a plaintiff must prove, on
a balance of probabilities "that there has been a copying from that work without its
consent."
Canadian Law of Copyright & Industrial Design, 4th Edition (Carswell), p. 21-7
Appellants’ Brief of Authorities, Tab 14

55. The motions judge erred in law in not applying the law on onus with respect to the proof of
consent. There is no evidence led on this point at all to prove lack of consent, particularly a
important point in light of Alibhay’s evidence of presenting the book to the Aga Khan in 1992.

Express Consent, Authorization and Instruction

56. The motions judge held that the Aga Khan did not consent to the publication of any Farmans,
and also speculated as to what the Imam might have meant when he said the words, “continue
doing what you are doing” or that He might have wanted only Alibhay to publish, or just that
first book to be published. The motions judge also opined that he would need expert evidence
to be able to understand the “gestures” during the ceremony of Mehmani when Alibhay
presented the Farman book to the Imam in Montreal on August 15, 1992, to help understand
the words spoken by the Aga Khan at that time. In Robertson, the Court held that “a
freelancer who knows the uses to be made of a work and expresses no limitations can arguably
be said to impliedly licence the publisher to make use of the work within those contemplated
uses.”
Appeal Book, Vol 1, Tab 3. p. 35, paras. 41, 45, 46; Tab 14, p. 208, paras. 11, 12
Robertson v. Thomson Corp. 2001 CarswellOnt 3467, 15 C.P.R.(4th) 147
Appellants’ Brief of Authorities, Tab 23, para. 158

57. Alibhay gave evidence (he was not cross-examined) that Tajdin gave him a copy of the first
Farman book to present to the Imam (as people were chosen by their last name to present their
offerings to the Imam and Tajdin was not chosen as part of the group of people who could
present themselves personally before the Imam). On August 15, 1992, Alibhay presented the
first Farman prominently titled, “Farmans to the Western World, 1957-1991, Volume 1,” to
the Imam. The Imam first blessed Alibhay and his family and thereafter, the Imam looked at
the Farman book when Alibhay asked the Imam what else could they do to serve the Imam.
The Imam after placing His hand on the Farman book said: "continue doing what you are
doing" in response to the question. The Imam then said, “Succeed in what you do”.
Appeal Book, Vol 1, Tab 14, p. 208a, paras. 8-12

58. It is after this event that Tajdin commenced distributing the first Farman book and published
(continuously) about 9 more books between 1992 and 2009, when the last book (Golden
Edition) was published by him.
Appeal Book, Vol 1, Tab 11, p. 134, paras. 13, 19 -29

59. It is noteworthy that no evidence at all was led on behalf of the Aga Khan denying speaking
the words as described by Alibhay, nor seeking either to explain away what He meant, or to
try to restrict what he said as speculated by the motions judge. The sole evidence on this issue
is the evidence of Alibhay. Yes, inexplicably, the motions judge speculated what the Imam
might have meant and came to a decision that the Aga Khan never consented to the publication
of His works.
Appeal Book, Vol 1, Tab 14, page 208, para. 11-12

60. In the case of Concept Developments Ltd., the Court explained the matter of authorization as
follows:
“The issue of (c) the question of "authorization" is both legally and factually complex.
It is best described in CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1
S.C.R. 339, at para 38:
"Authorize" means to "sanction, approve and countenance": Muzak Corp. v.
Composers, Authors and Publishers Association of Canada, Ltd., [1953] 2 S.C.R. 182,
at p. 193; De Tervagne v. Beloeil (Town), [1993] 3 F.C. 227 (T.D.). Countenance in the
context of authorizing copyright infringement must be understood in its strongest
dictionary meaning, namely, "[g]ive approval to; sanction, permit; favour, encourage":
see The New Shorter Oxford English Dictionary (1993), vol. 1, at p. 526. Authorization
is a question of fact that depends on the circumstances of each particular case and can
be inferred from acts that are less than direct and positive, including a sufficient degree
of indifference ... These are determinations best left to a trial judge to weigh in the
context of all of the evidence.”
Concept Developments Ltd. v. Webb, 2010 CarswellNat 4906, 2010 FC 1315
Appellants’ Brief of Authorities, Tab 15, para. 11

61. Justice Joyal in the case of de Tervagne v. Beloeil (Town), held (at Para. 45) that a factor to
determine this issue is whether a reasonable person is led to conclude that consent has been
given. He then said:
"... it is possible to establish that a person has sanctioned, approved or countenanced
an actual infringing activity ... if it is shown that certain relationships existed between
the alleged authorizer and the actual infringer, or that the alleged authorizer conducted
himself in a certain manner." [Emphasis added]. In the case of BMG Canada, the
Court held that authorization can be inferred from less than direct acts including a
sufficient degree of indifference.
de Tervagne v. Beloeil (Town), [1993] 3 F.C. 227, Tab 16, paras. 42, 44, 45, 49
BMG Canada Inc. v. John Doe, 2004 FC 488, Tab 11, para 24

62. The Court in Concept also reminds the limits of summary procedures as follows:
“However, these summary procedures have their limits. Trials are the ways by which
true disputes are resolved. People have a right to their day in court to deal with
legitimate claims. Courts must be mindful that the effect of a summary judgment
motion can deprive a party of that right.”
Concept Developments Ltd. v. Webb, supra, at para 15
Appellants’ Brief of Authorities, Tab 15

63. The appellants’ state that the relationship between the parties, the Ismaili Constitution, the
Oath of Allegiance, the various public Farmans encouraging the reading of the Farmans, the
saying that He makes Farmans for the Jamats, the words spoken by the Aga Khan during the
Mehmani are complex matters, and these types of “complex” issues are best left for a trial
judge to determine. It has been held that a licence to use may be implied from the conduct of
the parties and need not be in writing.
Appeal Book, Vol 1, Tab 15, p. 212 para. 17; Vol III, Tab 34, p. 750 Q. 195-197

64. It is submitted that the motions judge erred when he made findings of fact (at para 11) in his
reasons for decision: "I declare that the Aga Khan has never given the defendants permission
to publish any Farman, much less the Golden Edition", in face of Alibhay's unchallenged and
uncontradicted evidence, and the motions judge's admission that he might have needed expert
evidence to determine the issues which were of religious nature. The conflicting and/or the
missing evidence, as held by the motions judge, in respect of authorization and/or consent, the
interpretation of the Ismaili Constitution, the interpretation of Farmans and the issue of
relationship are all complex matters and presented genuine issues for trial. It is noteworthy that
the Ismaili Constitution governs all aspects of an Ismaili’s life, and publishing Farmans is no
longer prohibited under the new 1986 Ismaili Constitution, and it raises an issue of whether
the Copyright Act is superceded by the Ismaili Constitution.

65. The motions judge made findings in regard to the provisions and import of the Ismaili
Constitution on the issues before him. In this regard, Snider J. held:
“there is a significant gap in the evidence required to determine the proper
interpretation of the provisions (of the Regulations). That missing evidence relates to
the intent and object of both the regulations at issue and the underlying statutory
framework. It consists of further evidence from Merck, third party evidence and
evidence from government officials, as described below.” ... “the context of
legislation is critical to understanding it. Expert evidence on statutory interpretation
or, in particular, the evolution of the provisions in dispute in this action will be helpful
to the judge. ... The Regulations were the subject of extensive consultation prior to their
enactment in 1993 and their amendment in 1998. The understanding of the parties to
this action may well be relevant in establishing the contextual framework. ... The
conduct of all parties to this litigation may be relevant.”
Apotex Inc. v. Merck & Co., 2004 CarswellNat 584, 2004 FC 314, 248 F.T.R. 8
Appellants’ Brief of Authorities, Tab 17, at paras. 28, 35, 36, 37

66. After stating the above, Snider J. concluded that, “In my view, all of this evidence is relevant
to the determination of the issues in this matter. Further, much of this evidence will be
contested and, thus, is properly dealt with at trial. Apotex should not be precluded, through
summary judgment, from leading this evidence.” Accordingly, the motions judge erred in
holding on the issue of interpreting the Ismaili Constitution contrary to jurisprudence.
Apotex Inc. v. Merck & Co., supra, at para. 36
Appellants’ Brief of Authorities, Tab 17

67. In considering the issues relating to Libel and Slander Act, the Ontario Court of Appeal in
Romano v. D'Onofrio stated that, "This was not a case where the law was settled and could be
applied to admitted facts." The Court said: "Matters of law which have not been settled fully
in our jurisprudence should not be disposed of at this [interlocutory] stage of the proceedings.
The Court went on to hold that; "That type of interpretive analysis should only be done in the
context of a full factual record, possibly including appropriate expert evidence”
Romano v. D'Onofrio, 2005 CarswellOnt 6725, (O.C.A.), paras. 7, 9
Appellants’ Brief of Authorities, Tab 22

68. In the case at bar, the issues are complicated and not previously litigated, and the interpretation
of the Ismaili Constitution and the religious nature of the issues are the type for which
interpretative analysis would require a trial and possibly expert evidence to properly understand
and deal with the matter.

69. The motions judge also misapprehended evidence when he held that at para. 2: "They say that
if the Aga Khan is not pleased with what they are doing, all he has to do is amend the Ismaili
Constitution, or simply issue a Farman, as a new Farman has the effect of overriding the
Ismaili Constitution. However, it is not up to the defendants to dictate to the Aga Khan. He
tried the religious route, without success." By holding as he did, the Motions Judge failed to
appreciate the arguments made by the defendants that none of the official pronouncements
made by the Imam, including the Ismaili Constitution, Farmans or Talikas, indicate that the
activities complained of are not desired by Him, and the only evidence that purports to be from
the Aga Khan concerning these activities is forged. The defendants were not seeking to dictate
to the Aga Khan, but are pointing to evidence that establishes that the Aga Khan's official
pronouncements as set out in the Ismaili Constitution and all of his public Farmans support the
defendants' activities, and that instead of prohibiting such activity, He actually encouraged
them. The defendants' evidence is that they have abided by what was expected of them, that
in abiding with their Constitution and Farmans (which provides implied consent, authorization
based on relationship, etc.) they are not in breach of their Constitution or any Farmans.

70. According to the Federal Court of Appeal in the MacNeil Estate, parties responding to a
motion for summary judgment do not have the burden of proving all of the facts in their case;
rather, they have only an evidentiary burden to put forward evidence showing that there is a
genuine issue for trial.

Adequacy of Record (Adverse Inference)

71. The motions judge drew an adverse inference against the appellants for not filing transcripts
of the discoveries. However, in a motion for summary judgment, drawing an adverse inference
against a responding party is not available at law.
Appeal Book, Vol I, Tab 3, paras. 59-67

72. The motion records were filed, cross-examinations conducted, and the motions were essentially
ready for argument by the time the discoveries took place. Prothonotary Tabib directed on
November 2, 2010, with respect to the discovery, as follows:
“To the extent any party were to attempt to raise, at the hearing of the motion for
summary judgment, anything of what occurred at the attendance on discovery, they
would be precluded from doing so unless admissible evidence of those facts were put
before the court. The motions for summary judgement are now fully briefed. No
further evidence may be filed for use at the hearing of the motions without leave of the
court, to be sought by way of motion.”

73. Both parties had an option: either one could have brought a motion for filing further evidence.
Neither did that, and were content to and argued the motions on the briefs filed. Yet the
motions judge drew an adverse inference against the appellants for failing to file evidence. It
is trite law that adverse inference cannot be drawn if both parties have access to that evidence -
it is only available when that evidence is exclusively in one party’s control. Furthermore, the
motions judge inferred without any evidence on the issue of what the Aga Khan might have
said at the discoveries. Had the Aga Khan said what is speculated by the motions judge, then
respondents’ counsel, Mr. Gray, would have without doubt sought to file evidence of same.

74. Respecting this issue, the Federal Court of Appeal in MacNeil Estate held:
"Nowhere in the Rules is a responding party required to bring forward sufficient
evidence so that genuine issues for trial may be resolved on a motion for summary
judgment."

MacNeil Estate v. Canada (Department of Indian & Northern Affairs), Supra
Appellant’s Authorities, Tab 6, para. 37

75. In Apotex, it was alleged that Apotex had not put its "best foot" forward when it did not file
certain evidence in response to a motion for summary judgment, and the moving party sought
that an adverse inference should be drawn for Apotex’ failure to file that evidence which was
in its possession. Snider J. reviewed case law and held:
“In my view, Merck carries the obligation on Apotex in this motion too far. If Merck
is correct, any responding party on a motion for summary judgment would be required
to bring forward all the evidence necessary to allow the motions judge to resolve the
issues in dispute. In respect of Rule 216(1), this ignores the first step-that the judge be
satisfied that there is no genuine issue for trial. To my mind, the first obligation on a
responding party is to put its "best foot" forward in convincing the motions judge that
a genuine issue for trial exists. As discussed elsewhere in these reasons, that can be
done by identifying "gaps" in the evidence before the motions judge that can only be
addressed through evidence led at trial. [Emphasis added].
Apotex Inc. v. Merck & Co., supra, at Tab 17, paras. 27, 28

76. Furthermore, the Federal Court of Appeal in MacNeil said that, “I think that the Motions Judge
erred by simply rejecting the appellant's arguments without apparently considering whether
they raised a genuine issue for trial.” In the case at bar, the motions judge also erred by not
determining the issue of genuine issue.
MacNeil Estate, supra, at para 40; Appellants’ Brief of Authorities, Tab 6

77. The Nova Scotia Court of Appeal in the case Bank of Nova Scotia said the following with
respect to the obligation of a party responding to a motion for summary judgment:
“As I see it there is no explicit obligation either within the Rules or in case authorities
that requires the defendant to raise every arguable issue for trial in response to the
plaintiff's application for summary judgment or even most of the defendant's arguable
issues for trial. To fend off an application he merely needs to raise one,
notwithstanding some others may be known to him, or become apparent through the
course of the litigation.” [Emphasis added].
Bank of Nova Scotia v. A. MacKenzie's Auto Mart Inc., 2010 CarswellNS 654, 2010
NSCA 81, para 32; Appellants’ Brief of Authorities, Tab 18

78. The motions judge’s reasons indicate that he conducted a trial on affidavits by drawing an
adverse inference against the appellants. However, the legal requirement of putting the best
foot forward does not “entail turning a summary judgment motion into the trial itself by
requiring all the trial evidence. A motion for summary judgment must be judged on the basis
of the pleadings and materials actually before the judge...” The jurisprudence on Rule 216 is
clear that a motions judge should refrain from issuing summary judgment where the relevant
evidence is unavailable on the record and involves a serious question of fact which turns on
the drawing of inferences, and finished by saying that the trial judge would benefit from having
more evidence on the intentions of going into contractual relations.
AMR Technology Inc. v. Novopharm Ltd., 2008 CarswellNat 2986, 2008 FC 970,
70 C.P.R. (4th) 177, 169 A.C.W.S. (3d) 76, para 22, Tab 19
Society of Composers, Authors & Music Publishers of Canada v. Maple Leaf
Sports & Entertainment, 2010 CarswellNat 2101, FC 731, para 17 Tab 28

79. The appellants submit that Justice Harrington erred in drawing an adverse inference against
the appellants on the issue of the transcripts of discovery, on the grounds that a responding
party need not call all evidence to defend the motion for summary judgment. Furthermore,
it is trite law that it is not appropriate to draw an adverse inference where the witness in
question was available to both parties as in this case, the witness is the party who could have
given the necessary evidence. On the contrary, the motions judge ought to have drawn an
adverse inference against the respondent for not filing His personal affidavit as would be
expected in the circumstances in a Copyright case due to the fact that the evidence about lack
of consent can only be given by the Copyright holder.

80. The motions judge misapprehended evidence when he held that, "However, it is not up to the
defendants to dictate to the Aga Khan. He tried the religious route, without success. This is a
finding of fact on inadmissible hearsay evidence, and evidence that is shown to be forged
(forged signatures). By holding as he did, the motions judge failed to appreciate the arguments
made by the appellants that none of the official pronouncements made by the Imam, including
the Ismaili Constitution, Farmans or Talikas, indicate that the activities complained of are not
desired by Him, and that these materially support the appellants’ evidence instead of defeating
their evidence.
Appeal Book, Vol 1, Tab 3, para. 22

81. The Motions Judge misapprehended evidence when he held at para. 12, "..in their devotion to
him all he has to do is say the word and they will cease and desist. However they have placed
so many conditions on this word that this lawsuit was taken in frustration." The only condition
placed by the Appellants is that the communication from the Aga Khan be authentic, and there
is nothing else on evidence on this point. Justice Harrington has speculated on this matter
without any evidence to support his findings.
Appeal Book, Vol 1, Tab 3, para. 12

Detrimental Reliance/Latches

82. Evidence has established that Tajdin has been publishing Farman books (as other individuals
also do across the world) and published ten books as from 1992 to 2009, and that distribution
of same was undertaken publically to the knowledge of the Aga Khan and His institutional
leaders. Alibhay’s evidence, which was not contradicted, was that the Aga Khan knew of the
publication in 1992, when He encouraged the ‘work”, and Sachedina confirmed that the Aga
Khan knew of the publications at least as of mid-nineties of the various publications by Tajdin.
Appeal Book, Vol 1, Tab 11, p. 132, para. 22

83. Accordingly, the legal concept of Latches and the law of Detrimental Reliance is relied upon
by the appellants. Although the appellants’ presented case law for consideration, the motions
judge essentially ignored this line of defence and granted judgment against the appellants. The
appellants submit that it is unjust to grant judgment against them without consideration of all
of their defences and evidence filed by them based on Garford: [summary judgment] should
not be granted where, on the whole of the evidence, the judge cannot find the necessary facts
or it would be unjust to do so.

84. The Court in Paul v. Vancouver International Airport Authority, stated as follows: (i) Estoppel
by Representation operates over a wide field of common law and equity. The basic principle
is that a person who makes an unambiguous representation, by words, or conduct, or by
silence, of an existing fact, and causes another party to act to his detriment in reliance on the
representation will not be permitted subsequently to act inconsistently with that representation.
Paul v. Vancouver International Airport Authority, 2000 CarswellBC 561, 2000
BCSC 341, 5 B.L.R. (3d) 135, at para. 74, Tab 20

85. The Ontario Superior Court states as follows about latches and acquiescence:
“In determining whether there has been such delay as to amount to laches the chief points to
be considered are (1) acquiescence on the plaintiff's part, and (2) any change of position that
has occurred on the defendant's part. Acquiescence in this sense does not mean standing by
while the violation of a right is in progress, but assent after the violation has been completed
and the plaintiff has become aware of it. It is unjust to give the plaintiff a remedy where he has
by his conduct done that which might fairly be regarded as equivalent to a waiver of it; or
where by his conduct and neglect he has, though not waiving the remedy, put the other party
in a position in which it would not be reasonable to place him if the remedy were afterwards
to be asserted. In such cases lapse of time and delay are most material. Upon these conditions
rests the doctrine of laches: Lindsay Petroleum Co. v. Hurd (1874), L.R. 5 P.C. 221 at 239, per
Lord Selborne.”
Egnatios v. Leon Estate, 1990 CarswellOnt 502, paras. 63, 68, 70
Appellants’ Brief of Authorities, Tab 21

86. The appellants state that as from 1992 the Aga Khan knew of the publications, and encouraged
it, His institutional leaders also knew of the publications and the appellants have changed their
position by publishing books at enormous expenses and it is unjust to suddenly hold the
appellants liable for infringement.
Appeal Book, Vol 1, Tab 11, p. 132, paras. 11, 22, 36

87. The Statement of Claim identifies the Golden Edition as the infringing material and sought an
injunction restraining the distribution of the Golden Edition. The Injunction granted by the
motions judge is much broader: “.. restraining the defendants... from infringing the plaintiff’s
copyright in the literary works…” which has been defined as Farmans and Talikas. The
previous editions published by Tajdin cannot be restrained by an injunction due to the
Limitations period (of three years) set out in the Copyright Act. The only evidence against this
point is the evidence of Sachedina who said that Tajdin ceased (denied by Tajdin and Jiwa)
distributing the books in 1998 and he just discovered after the publication of the Golden
Edition. Appeal Book, Vol 1, Tab 5, p. 55, paras. 1(a)(i) and 3

88. However, his evidence is materially contracted by the appellants (documentary evidence has
been given to prove that distribution of the books were ongoing and not ceased after 1998), and
by Mohamed. Accordingly, the evidence on this issue is contradictory and it is an error for the
motions judge’s judgment applying to the previous publications without considering the
Limitations period pleaded by the appellants. The motions judge’s judgment ought to be
reversed on this ground as well.
Appeal Book, Vol I, Tab 11, p.135, paras. 19-23; Tab 16, 3-5

89. The Manitoba Court of Appeal held in the case of Shell v. Barnsley, where the issue was
whether the plaintiff could found his claim in contract and negligence as well as on negligent-
misrepresentation. The Court states that “Matters of law which have not been fully settled in
our jurisprudence should not be disposed of at this [interlocutory] stage of the proceedings”,
and then continued, “My view is strengthened by the fact that motion was premised on
assumptions concerning the pleadings and the facts. ... My conclusion ... highlight the
importance for counsel, and the judge, to address the appropriateness of proceeding by way of
summary judgment where issues concern the developing areas of law.”
Shell v. Barnsley, 2006 CarswellMan 394, 2006 MBCA 133, paras. 16, 17, 18
Appellants’ Brief of Authorities, Tab 25

90. On the issues of credibility the only thing the motions judge said is: “Although there are
credibility issues in the motions as pleaded before me, they are not, in my opinion germane.”
With respect, it is trite law that justice must not only be done, but be seen to be done and it is
a dereliction of duty for a judge to casually dismiss the credibility issues raised without
explaining at all why certain witnesses’ evidence was found to lack credibility or why he
dismissed entirely the appellants’ expert’s unchallenged finding, or why he discarded evidence
of Mohamed when he was not even cross-examined. The resolving of the credibility issue,
even cursorily, evidences that serious credibility issues were raised but not adequately
addressed by the motions judge.

91. It is submitted that Justice Harrington erred as follows: (a) in not ruling the impugned evidence
as inadmissible; (b) in relying on the inadmissible hearsay evidence to ground his decision
on; (c) in casually dismissing the credibility contest between the evidence of Sachedina and
Bhaloo and Tajdin and Mohamed (who was not cross-examined and has served the Imam and
his institutions for three decades in various capacity, and currently he, an engineer, and his
wife, a physician, are serving the Imam in senior positions in voluntary capacity, without any
pay or remuneration, for several years at the Aga Khan Hospital in Kenya as their gift to the
Imam for his Golden Jubilee); (d) in finding that the expert’s evidence was contradictory; (e)
in accepting the evidence of one expert and entirely rejecting the other evidence; (f) in
dismissing the Latches argument on inadmissible evidence and contested evidence; (g) in
misapprehending the importance and interpretation of the Ismaili Constitution; (h) in not
dealing with the issue of Detrimental Reliance.

Costs

92. The Notice of Motion sought that costs of $30,000.00 be made payable to the Aga Khan
Development Network, or such other charitable institution as may be designated. Tajdin and
his family are major donors to the AKDN and other community institutions. Based on the
Notice of Motion, the appellants’ consented without making any submissions against the costs
award, but then at the time of settling the Order, the motions judge went beyond what was
asked for in the Motion and made an Order that costs be payable to the respondent personally,
without jurisdiction in doing so.
Appeal Book, Vol I, Tab 2, para. 9; Vol II, Tab 24, p. 372, para. 1(f)

PART V - ORDER SOUGHT

93. The appellants respectfully request that the appeal be allowed and the Judgment of Justice
Harrington dated March 4, 2011, be set aside.

Date: June 13, 2011 Respectfully submitted,
____________ ______________
Alnaz I. Jiwa Nagib Tajdin

.....

All Comments on the case

2011-07-18 Reply to the Requisition

On July 18th, 2011, the defendants replied to the Requisition and statement of issues served by the Plaintiff's Counsel in March.

Although the Plaintiff party has implied that they want the proceedings to end, the Plaintiff's counsel is continually showering the defendants with proceedings. They continue to insist for a private discovery apart from the reference that was ordered.

Since the reference pertains only to an accounting of any profits (if applicable), and since the distributed books were not ordered to be returned, there is no need for further inquiry into any names or other information.

Statements of Issue

Plaintiff's Requisition and Statement of issues, March 29, 2011

Tajdin's Statement of Issues in Reply, July 18, 2011

Jiwa's Statement of issues in Reply, July 18, 2011

Letters to the Court: ( section is updated regularly)

Plaintiff's Letter demanding discovery, July 21, 2011

Tajdin's Letter in response, showing discovery is unnecessary, July 27, 2011

Letter from Plaintiff's lawyer saying Aga Khan has changed His mind and now wants payments and costs, dated July 29, 2011

Tajdin's letter in response, showing discrepancies in Mr Gray's above letter, August 1, 2011
---
All Comments on the case

================================================
REPLY TO PLAINTIFF’S STATEMENT OF ISSUES
(of the defendant Alnaz Jiwa)

In response to the Plaintiff’s Statement of Issues dated March 29, 2011, the Defendant, Alnaz Jiwa, states as following:

1. This defendant has not been involved in the collection, recording, transcribing, or publishing the Golden Edition.

2. This defendant states that he bought 96 Golden Edition books at $50.00 each and the ones sold by him were sold at $50.00.

3. This defendant states that he shipped only one book to a lady in Chicago who paid the sum of $50.00 plus actual shipping charges. The rest of the books were distributed to his family and friends: some of which were given as gifts; some were purchased for the sum of $50.00 each for the books; and others have not paid for the books and may not pay for the books. This defendant has not sought to collect from those who have not paid for the books.

4. This defendant’s activities were of a voluntary nature and undertaken in a spirit of encouraging the followers of the Aga Khan to become serious about their faith and to obey the guidance given by their spiritual leader and as such often the books were just given away and left to the recipients to pay or not to pay.

5. This defendant has undertaken the distribution of these books as a community service and not to make any profits or even to sell the books.

6. This defendant picked up and delivered all of the books personally except for one book which was sent by courier to an individual in Chicago. Those who paid for the books usually paid by cash and some (about three or four) paid by cheque which was cashed by this defendant.

7. This defendant did not issue any receipts or receive any receipts for the collection or payment of the books.

8. This defendant states that even if he had sold all books with all purchasers paying him the asking price, the resulting sales would not have resulted in even one dollar of profits. This defendant has not charged anyone one dollar more that what he paid for the books.

9. This defendant has never dealt with the printer, or the publisher, nor is aware as to how many total books were published or at what cost.

10. This defendant states that Justice Harrington refused to order the return of the books already sold or distributed and that the identities of the individuals who received the books is thus unnecessary to be revealed as the only issue for the reference is the accounting for profits.

11. This defendant has not made or expects to make even one dollar of profits.

July 18, 2011
____________________
Alnaz Jiwa

===========================================
REPLY TO PLAINTIFF’S STATEMENT OF ISSUES
(of the defendant Nagib Tajdin)

In response to the Plaintiff’s Statement of Issues dated March 29, 2011, the Defendant, Nagib Tajdin (“Tajdin”) states as follows:

1. This copyright lawsuit is about a book entitled “Farmans 1957-2009 - Golden Edition Kalam-E Imam-E-Zaman” (the “Golden Edition”) and an mp3 audio bookmark (the “MP3”), collectively (the “Infringing Materials”).

2. The Golden Edition is a book of Biblical proportions containing most of the general pronouncements made by the Aga Khan as Imam of the Ismailis from 1957 to 2009. These pronouncements of divine nature called “Farmans” are made in various countries across the world and are binding to all Ismailis unless stated otherwise within the Farman.

3. The MP3 is an audio bookmark preloaded with 14 short audio extracts of recording of Farmans read in the Aga Khan’s own voice. Each extract is about 30 seconds in length.

4. In his Reasons for Judgment dated January 7, 2011, and amended January 13, 2011 (the “Reasons for Judgment” and his Judgment dated March 4, 2011 (the “Judgment”) the Honourable Mr. Justice Harrington declared the Plaintiff to be the owner of the copyright in the Farmans and Talikas and held that the Defendants had infringed the Plaintiff’s copyright.

5. By Notices of Appeal dated February 7, 2011, the Defendants appealed to the Federal Court of Appeal the Judgment, and on June 16, 2011, the Defendants perfected their appeal. The Plaintiff’s counsel served and filed their responding Memorandum of Fact and Law on the Defendants on July 14, 2011.

6. The named Plaintiff, His Highness Prince Karim Aga Khan (“Imam”), is the spiritual leader of the Shia Imami Ismaili Muslims. There are approximately 15 million Ismailis worldwide, located in over 25 countries across the world. The Imam succeeded his grandfather, Sir Sultan Mahomed Shah Aga Khan, to become the 49th hereditary Imam on July 11, 1957.

7. The Aga Khan is not just a religious leader in the ordinary sense, but is the bearer of the “Noor”, a word which means “The Light”, and the Noor has been handed down in direct descent from the Prophet. As Imam of the Ismailis, the Aga Khan has an absolute authority in interpreting the faith of the Ismailis to practice according to the Time and Age, and such guidance is given by the Imam through His Farmans.

8. According to the traditions of the Ismaili faith, the Imam’s word on matters of faith is “taken as an absolute rule,” and the Ismailis are expected to unconditionally abide by their Imam’s Farmans with respect to religious matters. The Aga Khan, when responding to questions posed by the Sunday Times reporter on December 12, 1965, stated:

Q: Are you, for all believing Ismailis, a symbol of their Faith?
A: "Yes. Since My grand-father, the last Aga Khan, died, I have been the bearer of the "NOOR" a word which means "The Light". The NOOR has been handed down in direct descent from the Prophet. But My work and responsibilities overflow into the practical side of life."

Q: You have been compared to the Pope. Is your word, like his infallible?
A: "The Imam’s word on the Faith is taken as an absolute rule. Every Ismaili is expected to accept it. The Community always follows very closely the personal way of thinking of the Imam. It’s one of the particularities of Ismailis. An Ismaili who did not obey My word in matters of Faith, would not be excommunicated, he would still be a Muslim. He simply would no longer be a member of the Jamath – The Community of Ismaili Muslims. “One has to make a very careful distinction here between worldly and religious matters. An Ismaili may ask My advice on a worldly problem, then not accept it. Bit if he were to ignore the Imam’s decision on matters of Faith, the Community pressures on him would be very strong.”

9. All Ismailis give their oath of allegiance to the Aga Khan, and the Aga Khan in return promises to guide and protect His followers, and therefore, all Ismailis have an inherent right to the Farmans of the Aga Khan.

10. Tajdin is a loyal follower of the Imam and has sworn allegiance and obedience to Him. All of Tajdin's Farman book publication projects were done out of his love and affection for the Imam and His followers. The Imam encourages all within his community to give generous voluntary services in various capacities to the Ismailis and to the local communities. Accordingly, the publication of the Farman books were undertaken by Tajdin in the spirit of service in the same manner as Christians would spread the Good Word without any ulterior motive of making profit. Publishing these books has been a labour of love for Tajdin.

11. The Golden Edition is the last of a series of 10 books of Farmans of the Aga Khan published by Tajdin. The Golden Edition (published in late December 2009) is a consolidation of the previous Farman books published by Tajdin since 1992, along with new Farmans made by the Imam. These publications were undertaken after the Imam expressly gave His consent and authorization in Montreal, on August 15, 1992.

12. The Golden Edition contains 1,513 pages and weight about 2.5 kg. It has a comprehensive index of more than 200 pages. It is a hard binding with separations within and comes in a decorative box with the MP3. It is presented respectably as a precious book of divine nature made as a service to the community without regards to costs, expenses, work, difficulty or time investment. The module in the shape of a bookmark is an invention of the publisher and contains 3 batteries instead of one for long life duration. Tajdin has never tried to cut the cost and make profit. On the contrary all effort have been made to present the highest quality of book sold at the lowest possible subsidised price. A similar book on the market, without the MP3 and the decorative box, is being sold for about $120.00 to $200.00 per book, in a for-profit market.

13. Tajdin ordered 5,000 books, but the printer published 5,500 copies of the Golden Edition on December 13, 2009 (the birthday of the Imam), and copies were either sold or distributed free to Ismailis and delivered to various countries to Ismailis (followers of the Imam) only. By November 2010, Tajdin was left with 193 copies, which were delivered as a gift to ITREB of Kenya (religious organization of the Ismailis) for their use. This is the same organization to which Justice Harrington later ordered all remaining Golden Edition books to be delivered.

14. There is no profit made by Tajdin in this matter. The evidence shows that for each of the publications, about 33% of the Farman books were given away free. Tajdin is a loyal follower of the Aga Khan, and he and his family are "Major Donors" to all the Aga Khan’s Institutions. In fact, in January of 2010, before this lawsuit started, Tajdin offered to donate one book free for each of the 5,000 to 7,000 existing Jamatkhanas in the world, a gift based on a number given by Shafik Sachedina and estimated to be of $300,000 in value.

15. Tajdin is in the process of seeking witnesses from across the world from who are willing to sign affidavits to confirm that they received Golden Edition free of all charges, including shipping costs.

16. On March 29, 2011, plaintiff's counsel submitted a Requisition to the Court reference to conduct "discovery" for accounting for damages as ordered by Justice Harrington, including discovering the identities of the persons to whom the books were sold, and for all of the Farman books sold or distributed as from 1992 (see paragraph 24(a)), when Justice Harrington’s order extends to damages or profit for the publication of the Golden Edition only (published in December 2009).

17. The previous publications are not subject of the lawsuit, and yet the plaintiff's counsel seems to be seeking damages for all Farman books published by Tajdin between 1992 and December 2009, even though the pleadings specifically identified only the Golden Edition (published in December 2009) as the infringing material

18. No harm has been done to the Aga Khan by this publication. On the contrary, Tajdin has obeyed Him. In His Farmans, the Aga Khan encourages His followers to share and disseminate His Word within the community as has traditionally been done for centuries. The previous Imam has even said that by distributing His Farman, Ismailis are helping in keeping them alive. According to Ismaili Constitution and belief, Farmans of previous Imams are valid up to the time the Farman has been specifically revoked by a subsequent Imam, not by any other person. This Farman is still valid for the community.

19. Tajdin’s work in collecting, transcribing, publishing, and even distributing the various Farman books published over the past two decades, has been undertaken in the nature of service and donation to his community not only without expectation of profits, but at enormous personal costs, both time and monetary, incurred by Tajdin. Since this undertaking is a voluntary religious undertaking to the community without any expectation of profits and not undertaken as a profit making project nor as a business, Tajdin did not keep records of same.

20. The Golden Edition, which is a labour of love, is a compilation of most of the Farmans collected during Nagib’s trips to over 52 destinations. [See Schedule A]

21. All of the Farmans, which have been attended in person during these trips have descriptions either at the top of the page or within the text testifying information such as the mood of the community, the number of people who attended; etc For example, on page 914 of the Golden Edition, we read as heading to a Farman made in Dushanbe in 1995:

"The morning was cloudy with mild temperature. The Jamat started arriving just after 6:00 A.M. The gathering of around 8,000 Ismailis was expected. The soccer field itself was wet with morning dew and the people kept standing. Plastic bags were provided and the Jamat was encouraged to sit down. Madhos (religious poems) with musical instruments were sung, some mentioned "Sultan Mohamed Shah." Sermons were made with mentions of Aby Ali Ibn Sina, Nasir-Khusraw, al-Kirmani etc. Explanation of Salwat and how to recite Salwat should be recited with loud voice

Mowlana Hazar Imam entered the Stadium at exactly 9:00 A.M. in full regalia: white Sherwani, ceremonial Khitat and astrakhan cap. He walked slowly, on the carpet for about 5 minutes, turned right before climbing the stage to sit on the chair. Behind the chair was the Imam Crest. Seated behind and to the left of Hazar Imam were six Khalifahs of Tajikistan Jamats. Sura Noor was first recited in Arabic then the translation was recited by a girl in Farsi. She bowed from afar. Then two men recited a Madho."

22. As a devoted Ismaili, Tajdin has never had any reservation whatsoever in practicing the long standing tradition of voluntary service in time or resources to help the community and please the Imam. Beside giving free copies to fellow believers, Tajdin absorbed most of the shipping expenses, which were substantial in view of the weight of the book and the remoteness of the many countries, where the Ismailis were sent the Farmans books. Rarely a token shipping charge was asked. Only about 300 books had been paid though Paypal had shipping charges to them as mostly they were from Ismailis in affluent countries that could afford to pay the cost.

23. Five thousand (5,000) copies of the Golden Edition were ordered by Tajdin in December of 2009, but 5,500 were delivered and paid by him. In relation to the 15 million Ismailis worldwide, this was a very small publication, and most of the books were either distributed free or sold at $50, and within six months only 193 copies were remaining with Tajdin in Nairobi which were delivered and given free to the ITREB Nairobi, (an organizations belonging to the Ismaili Community), before the hearing of the motions for summary judgment in December 2010.

24. All documents have been given to Plaintiff's counsel with Tajdin's Affidavit of Documents, sworn October 2, 2010, and served on Plaintiff's counsel, Mr. Gray, on October 4, 2010. In fact, the only documents that were not produced are the expenses incurred during the past 15 years because those were not kept, as this was a deficit project of religious nature.

25. In the case at bar, Justice Harrington refused to order the return of the Golden Edition from all individuals who bought these from the Appellants despite being sought by the Plaintiff. Divulging any names or contact information of the people who now have the books would be detrimental to them, as they would also be targeted and harassed and would breach their privacy and cause irreparable harm.

26. Harassment, ostracism in the community, threats of harm, and even death threats and physical attacks against Tajdin and Jiwa are on record. Evidence was also provided that people whose name we have given up to now have been subjected to harassment and ostracized in the community, therefore, the purchasers’ privacy rights must be protected.

27. The reference is strictly to resolve the issues of monetary nature (profits, interest, etc..) not to extract information about defendants or others who they have come in contact with. No breach of privacy should be allowed. And no additional documents containing any names should be divulged.

28. The Plaintiff party should not be permitted to pursue further open-ended discovery, such as discovering the names and addresses of the purchasers. On February 8, 2011, in its motion for judgment, the Plaintiff party asked for:

"....and the Defendants are ordered to attend for discovery to answer all relevant questions relating thereto. The Plaintiff may in his sole discretion choose not to proceed with the reference for damages or profits at any time, in which case all further steps in the reference shall cease and the reference shall be discontinued with no costs of the reference to either party."

29. On March 4, 2011, Justice Harrington did not award such a discovery, and wrote that "The declaration sought is broader in scope than the injunctive relief sought ".

30. With respect to paragraph 25 of the Plaintiff's Statement of Issues, attached is a copy of the cheque showing that the Defendants had complied with the costs order. [See Schedule C]. The Defendants complied with the costs order as well and on May 27, 2011, sent a cheque for 19,000, British Pounds, equalling C$30,300, payable to the Aga Khan, but seven weeks later (to date), although a stay pending appeal was refused by the Plaintiff and a requisition is being actively pursued, the cheque still has not been cashed. The reference and discovery should not be pursued in order to get information rather than money.

31. With respect to paragraph 24 of the Plaintiff's Statement of Issues, Tajdin states as follows:

a. What is the total number of books and mp3 audios that were printed and produced?
- the total number of books ordered is 5,000; the total number of books printed and charged by the printer is 5,500.

b. What sales did the Defendants make of the Farmans and Talikas and the MP3 audio bookmark by the reproduction and distribution of the Golden Edition and the Farmans and Talikas contained therein (the "Impugned Sales")?
- A spreadsheet is attached with the sales numbers and the expenses associated. The book was either sold for $50CDN in Canada, $50USD in the US or given away for free. There was no other price. [See Schedule B]

c. What revenues were made by the Defendants from the Impugned Sales?
- A spreadsheet is attached with the sales numbers and the expenses associated.
- Shipping Costs: Only the Paypal orders paid a subsidised rate for part of the shipping cost (average $9/book which weighs 2.5kg and which was sometimes sent overseas where shipping can cost close to $50 per book) None of the books ordered in person or distributed in person was charged for shipping. All other books were shipped at no cost to the purchaser according to the Fedex published rates. Receipts were not kept.

d. What costs are properly deductible by the Defendants from the revenues made in respect of the Infringed Sales?
- Total cost = Shipping costs + Printing Cost + Cost of designing and formatting + Cost of data processing and automation + Cost of transcribing, proofreading, travel for meeting, meeting arrangements over 15 years + Cost of hardware over 15 years dedicated to this project + Cost of Travels (52 trips around the world) to collect material over many years, these trips only covers material not in the other books published by Tajdin.

- Looking at the calibre and quantity of work done over 15 years to bring this book to light, even without any documents, a realistic estimate would puts the costs at $500,000.

e. What award of pre-judgment and judgment interest under section 36 and 37 of the Federal Courts Act are applicable?
- This does not apply because there is no profit

32. In Reply to Paragraph 26 of the Plaintiff's Statement of Issues, Tajdin states that the documents produced show enormous costs and deficit of this project; therefore, oral discovery of the Defendants is not necessary, and the matter proceed to a hearing, if the named Plaintiff’s still desires to pursue to recover non-existing profits.

July 18, 2011
_____________________
Nagib Tajdin

====================

[Added July 28, 2011]

July 27, 2011

Ref: Federal Court File T-514-10

Dear Sir/Madam,

Please bring this to the attention of Madam Prothonotary Milczynski.

This is in response to Mr Gray's letter dated July 21st 2011 which I have just received.

Mr Gray has titled his letter as Reference for Damages while previously he has said he was rather looking for profit. He has written that my Affidavit of Document is incomplete, has sought further discoveries and said that I may not be available for many months after our scheduled meeting on August 26th 2011 which he has restricted somehow to only one subject, that of the document production.

I would like to reply to Mr Gray’s attempt to confuse the issues as follow:

1) The Case Management Conference held on June 16th 2011 was the first time since October 2010 that Mr Gray has indicated that he was not satisfied with the completeness of the Affidavit of Documents. In fact his acceptance of my Affidavit of Documents sworn on October 2nd, 2010 as satisfactory for the October 15, 2010 Discovery itself contradicts his new stance.

2) I have agreed on June 16, 2011, to provide a more complete affidavit of documents, and to search for more documents for the expenses incurred for the publication of the book in the last 15 years. Whatever supplementary documents I can find in Montreal in my forthcoming travel will be added to my affidavit of documents which will be served on Mr Gray by August 22, 2011. There are also few more documents which I have found on printing cost and selling price that will be included in the new Affidavit of document.

3) The title in Mr Gray’s letter says Damages Reference. We would definitely like Mr Gray to be clear on whether he has now changed his mind or is he really seeking Damages instead of Profit, now that he has realised that there has not been any profit?

4) My scheduled trip to Canada has been designed around the dates set during the Case Management Conference and the remaining days have been assigned for other family and business work.

5) A requisition for Hearing of the Appeal has been filed and I will be coming back to Canada after August as soon as a date will be assigned.

6) There are no issues which can not be discussed on 26th August during the scheduled meeting.

7) There is no information which I seek to hide from the Referee. The name of the printing press and all available information necessary for “Accounting” will be made available freely and in trust to the Referee. There are reasons why the same information should be restricted to the Referee because any such disclosed information will be impossible to reverse bearing in mind the pattern for Counsel to misuse any information provided up to now. The name of the Printing Press in the statement remitted to Mr Gray has been covered in this spirit, but the original is available for the referee. I will also explain in the 26th August meeting all of the individual items mentioned in my summary spreadsheet of the revenue and expenses already submitted.

8) The extent of the expenses in view of the size of the book and the length of time necessary to prepare the book is such that any reasonable person could see that there was neither possibility nor aim for profit and therefore the whole aim of asking for information covering 15 years or so of expenses is not “accounting” but only harassment. A simple request can be made to an independent publisher and it would convincingly prove that the project has been heavy deficit project.

9) Justice Harrington did not order examination for discovery and did not include, in His Judgment, the following passage that Mr Gray had included in his draft judgment at paragraph 7: "... and the Defendants are ordered to attend for discovery to answer all relevant questions relating thereto. The Plaintiff may in his sole discretion choose not to proceed with the reference for damages or profits at any time, in which case all further steps in the reference shall cease and the reference shall be discontinued with no costs of the reference to either party.." The above passage again shows that counsel is more interested in extracting information than in any actual accounting or restitution of funds. The Reference should not now be used for such a purpose.

10) Mr Gray has been trying to get a private Discovery since the Judgement and it was evident that he would try to circumvent proper process through the Referee. A Stay of the Order of Justice Harrington was therefore requested and though not granted, Justice Mainville said “The Appellant Tajdin’s fear that these reference proceedings will be used by his opponents as a means of harassing him are ill founded, since the judge or other person designated by the Chief Justice of the Federal Court who will conduct the reference can take appropriate measures that there is no such abuse of the proceedings.”

11) The Aga Khan has not cashed the $30,000 paid on May 27, 2011 as cost. Mr Gray has even confirmed to me, at various occasions, in particular in writing in May 2010 and again verbally on 15 October 2010, that The Aga Khan does not want either damages or profit or cost. Apart from this, I have many reasons to mistrust opposing counsel as it has been obvious at many occasions that persons other than the Aga Khan are directing the proceeding of this case, and contradicting the Aga Khan, and that they have their own agenda in pursuing forcefully such a futile exercise.

12) I want to reiterate that my allegiance and obedience to the Aga Khan is unconditional and unlimited. All of my Farman book publication projects were done out of my love and affection for the Imam, and all were deficit projects. My relation with the Aga Khan is the same as would be that of a most devoted Christian with the Christ. I also continue to donate, as always, to The Aga Khan's Institutions. In fact, as recently as this morning in Nairobi, I attended a small private function were I was invited by the Aga Khan, as a major donor to the Aga Khan Institutions, and where He was Himself present with the Prime Minister of Kenya.

Respectfully Yours,
______________
Nagib Tajdin

====================

July 31, 2011

Ref: Federal Court File T-514-10

Dear Sir/Madam,

Please bring this to the attention of Madam Prothonotary Milczynski.

I am the defendant in T-514-10, I reside in Kenya and I am self represented.

This is in response to Mr Gray's letter dated July 29th 2011. Mr Gray is attempting to derail the orderly progression of the Reference and to influence the Court by an avalanche of letters full of unwarranted speculations and insinuations bordering defamation.

I would like to show however, by giving a few specific facts how Mr Gray has tried to mislead the Referee by his letter:

1) Mr Gray is saying that we are wrong in having paid the cost of $30,000 to the named Plaintiff. But in his Judgment dated March 4th 2011, Justice Harrington says: “The cost of the proceedings to date, including the cost of the motion under Rule 394 of the Federal Courts Rules are fixed at C$30,000.00, all inclusive, payable to the plaintiff forthwith.” And Justice Mainville in paragraph 2 of his judgement dated 19th May 2011 only stayed this order for 15 days in which the Appellant had the choice to pay this amount to the Registry else following the expiry of the 15 days Stay, that amount had anyway to be paid to the plaintiff “forthwith”.

On May 25, 2011, a cheque in the amount of 19,000GBP (~$30,300CDN) was paid to the attention of His Highness The Aga Khan as per the original Order. The cheque was accompanied by a letter stating that the funds do not need to be returned in the event that the appeal succeeds and may be used by the Imam for any activities Imam so wishes. On June 3rd, 2011, the stay of the original order was lifted, the amount was due to be paid to the Aga Khan "forthwith", and the Aga Khan had a valid cheque as per the original order for the correct amount plus incidentals for currency conversion. But the Aga Khan did not cash this cheque.

2) Mr Gray is suggesting in his letter at paragraph 7, that he does not believe that at times I have been traveling accompanied by 2 other people for the purpose of collecting the Farmans. But he knows since at least a year that the collection of Farmans has some times necessitated travels of up to 3 people at a time. This was admitted by his own affiant. All that he doesn't know is who these individuals are, and for the purpose of this reference, their identity is irrelevant. For example, in his Cross Examination, Mr Gray’s Affiant said as follows, referring to one instance when The Aga Khan went to make Farmans in Syria:

Cross-Examination of Sachedina pp.78-79: #328:
Q. In fact, in the plane ride you were going to and coming back from Syria in 2001, you know there were two other individuals with Mr. Tajdin?
A. I'll tell you now I have no recollection of who these individuals are or what they do. I have to tell you that. Because I did not look at them from that view. Because my relationship with Nagib has always been maintained on a real cooperative and in a manner of not adversarial at all.
MR. GRAY: Until now.

3) If Mr Gray cannot believe my sworn statements in my Affidavit of Document, there is no reason why he would believe me when I say the same things verbally in a Discovery. In any case, I will be providing the revised Affidavit of Document on 22nd August and a meeting is already scheduled 4 days later (in less then 4 weeks

I do not oppose neutral oversight by the courts, but I do seek the court's cooperation in keeping the unredacted documents confidential, as they are not required to be revealed to opposing counsel for the purpose of the reference.

A current letter from the printing press, which I will bring to the Referee without hiding the name of the Printing Press, and which certifies that only 5,500 copies have been printed and that there has never been any other orders, will prove Mr Gray decisively wrong in his unsubstantiated speculations.

4) It has been a feature of this case that, although I have made my mistrust of Mr Gray amply evident, Mr Gray keeps bringing additional purported “facts” as an "officer of the courts" without backing it up with any factual evidence. In fact, there is even no direct evidence or Affidavit from the Aga Khan on the record.

For example, in the matter of costs, in June 2010 and in October 2010, Mr Gray said to me that the Aga Khan did not want any costs or damages. In the Plaintiff's motion for judgment in February 2011, it was again indicated that costs or damages would be waived. So according to Paragraph 11 of Mr Gray's letter, some time after that motion, once the Order and the Injunction were in place, The Aga Khan indicated to him that he now wants to pursue all costs and remedies because we did not "stop"? But all purported “infringing” activities had stopped well before the injunction. The only thing we did not stop is to defend ourselves. This indicates that the remedies are being pursued as a punishment for defending ourselves, and we believe this is a misuse of justice. And this is not consistent with the Aga Khan’s character, both public and as our spiritual leader.

Respectfully Yours,
______________
Nagib Tajdin

====================

2012-03-28 - Defendant Alnaz Jiwa Offers to Double-Pay his 96 books to end the Reference for Profits

Extract from attached letter to the Referee by Mr Jiwa:

"..I would like to bring a motion for summary judgment for the accounting issues. In my defence I had pleaded that I bought books (96 books) for $50.00 each and distributed them for $50.00 with many books distributed for free. The books were distributed by me without any motivation for profit. The claim alleged that the books were sold by us for $50.00 each. In fact I have given documents to Mr. Gray (for the book which I sold to a USA resident who paid me by cheque) to prove that I sold the book for $50.00 and she paid me exact amount to reimburse me for the cost of shipping that I paid to ship her.

Mr. Gray ’s examination of me (if you read it in full) is harassment and is being done for ulterior motives, and is in the nature of a fishing expedition. Even if no credit was allowed to me for the purchase of the books, I am prepared to pay the full value of $4,800.00 (96 books at $50.00) to the Aga Khan as profits even though I have not made any profits but have actually lost moneys as many books were not paid for. Accordingly , I wish to bring a motion for summary judgment to deal with the profits issues against me."

Extract from Mr Jiwa's forum posts:

My letter to court.
On April 5th, 2012 Alnaz (not verified) says:

How do I post my letter I sent to the court.

I bought 96 books and paid for each book C$50 as everyone else did. For about half of the books I did not get paid and about half I got paid. I gave all books personally except 1 which I sent by FedEx and collected shipping costs from the person in addition to the $50.00.

If I had been paid for all of the books I bought I would not have made any profits. But I lost money. What Gray is seeking from me is accounting for profits. In my letter to the court I told the court that I am prepared to pay the full price of the books as if I collected for all of the books without deducting what I paid for it total of $4,800. Gray has not accepted and he has spent probably about $5,000 in trying to get accounting for profits from me. He has cross examined me and discovered me.

I know that MHI would never instruct Gray to do what Gray is doing. But patience is the best virtue.

Profits or damages
On April 7th, 2012 Alnaz (not verified) says:

Under Canadian law, plaintiffs have options - to seek accounting for profits or seek damages for infringement where profits does not matter.

Profits are sought where the infringer might have made a lot of money . Damages can be awarded by the court of up to $25,000.00 without ANY proof of profit, or even if any profits have been made of not. Even if people have lost, as operated knowing we will lose money).

Most plaintiffs (that is reasonable and not vindictive plaintiffs) will seek damages as opposed to profits, specially as proving profits is an expensive proposition and many small dealers (such a flea marketers selling counterfeit products) do not have profits, unless they are a big operators.

I have defended a few businesses who were sued for selling counterfeit goods and all of the plaintiffs have simply accepted some damages and mainly they want to go after and do go after big importers, wholesalers, etc.

Even if we ignore all other matters, such as Oct 15, meeting, this is proof on its own that MHI would not do this. He did not do this even to Mihr Bose who had written a terrible book on the Imam and his family and such books although were stopped with an injunction still continue to be sold. As far as I know, MHI has not brought any proceedings against these big stores selling these books.



Click Here for All Comments on the Copyright Lawsuit Case by visitors of ismaili.net/heritage

2012-05-14 Refusals Hearing in Copyright Lawsuit

As reported to us by an observer who attended the hearing (Hearings are open to the public)

From the Docket, we can see that "Oral directions received from the Court: Martha Milczynski, Prothonotary dated 25-APR-2012 directing that "Upon the commencement of the hearing of the Plaintiff's motion held April 24, 2012, and hearing the submissions of the parties, the hearing of the Plaintiff's motion shall continue at 10:00 on May 14, 2012 upon the Plaintiff delivering a revised undertakings and refusals chart by Friday, April 27, 2012 and the Defendants serving and filing their responses by May 10, 2012. The motion filed by the Defendant, Nagib Tajdin and that of the Defendant, Alnaz Jiwa, shall be held in abeyance pending the disposition of Plaintiff's refusals motion."

What this means is that Gray's Motion is heard first. The Referee is temporarily suspending the hearing of both the replies of Tajdin and of Jiwa. Tajdin asked for a Stay of the Motion up to the time the matter in Appeal is heard. The matter in appeal ask the Court to appoint a new referee or to set guidelines for the present Referee.

In his Cross-Motion which was not heard Tajdin was asking for an Order as follow:

(i) for Staying the Reference pending decision of the Appeal on Justice Russel's Order dated October 26th, 2011 and on Docket number A_421_11;

(ii) an Order of Confidentiality and an Order that an independent agent be appointed to investigate the printing of the books and to report to the named plaintiff's counsel, the court and confirm how many books were published by this defendant and how much was the cost of the publication, costs of which to be paid by Tajdin; and

(iii) an Order to restrict the remaining reference to strictly financial analysis to the specific exclusion of the names of people who bought the books.

Tajdin had also asked that the Referee tells Brian Gray, the copyright lawyer from Norton Rose, to keep all information confidential from Sachedina and Manji who according to him are directing Gray. Tajdin said that in his opinion Gray had difficulties understanding the meaning of "deemed undertaking" as he was not keeping confidential any information. The Referee told Tajdin that he was making serious allegations but tajdin stood by what he said.

In his replying Affidavit, Tajdin had made serious allegation of misconduct against Brian Gray, the copyright lawyer of Norton Rose with several Exhibits attached to his affidavit.

Alnaz had asked dismissal of Gray's motion because he was not asking to deduct any expenses or buying cost and was willing to pay all of his revenues as profit to the Imam.

Alnaz' Motion was not heard, Tajdin's cross-motion was not heard. Only Gray's Motion was heard.

On 14th May the hearing of Gray's Motion was completed and Prothonotary Milczynski, the Referee said to Gray that as she had not taken any notes, Gray should prepare for her a draft order.

Gray had said he will not be asking any documents for expenses that are not claimed against revenues by the Defendants and therefore Tajdin gave in the unredacted confirmation from the printing press on the cost and number of books printed. But as usual, Gray was not dealing in good faith. As soon as he got the unredacted printing information, he asked for more, for all the names of Ismailis who bought the Golden Edition through the goldenkiz email account and on the Paypall list, bank statements etc... all this knowing that the Referee has not read the Affidavit of Tajdin, his cross-motion, and Alnaz Jiwa's Motion for Summary Judgment.

Alnaz had proposed to give all of the potential revenue that would be generated if he has sold all the 96 books and had received them free. he did not claim any deduction for his purchase expenses nor for the free books he gave to Itreb (18 books) and the free books given to family and friends.

Alnaz was ordered to give all of the unredacted emails and all the names of those to whom he gave or sold books. All this after His Highness had confirmed since 15 October 2010 that he knew that Alnaz was not involved in publication with Nagib.

In the past Tajdin has proposed to Gray to say how much he wanted him to pay to the Imam and Tajdin would double the amount and pay because paying any amount to the Imam was not an issue. But Gray refused. reference is only for monetary issues so what exactly were the instructions received by Gray from Manji and Sachedina? .

It looks like the purpose of the Reference is not anymore to seek profit but has gone through a metamorphosis and is now aimed at continuing harassing the Defendants and all those who supported the Farman book.

Justice Harrington in his Judgment never allowed this but Gray under Sachedina's instruction has hijacked the reference process and tried to turn it into a sweet vendetta. Basically, Justice Russell had wrongly assumed that the Referee will protect the Defendants from Gray's abuse of the Court System.

At some point on 14th May 2012, though, mid-way during the hearing, the Referee told Gray that these were small amounts left and she could give us a mediator to finish the reference but Gray said no, he did not accept a mediator. His clients ("s") had asked him to go to the bottom of it. She did not pursue this avenue but said she may come back with this proposal later.

And obviously the first thing Gray may have done is to share the confidential information with Manji and Sachedina.

The Appeal is now compromised as it looks like it may not be that useful in that the Referee pushed for the hearing of that which was already the subject matter of the Appeal and for which she was clearly in conflict of interests to hear the matter. At her credit, one should say that she ordered that the documents could remain redacted up to the time the Appeal is decided.

Gray convinced everyone that for once he was going to act ethically, so he got the unredacted printing information from Tajdin. But immediately after getting his hands on the documents, he changed his mind and said that he wants now to get names and other info, therefore continuing harassing the defendants and needlessly prolonging this reference.

To be followed...

Motions, Affidavits and Refusals and Undertakings lists are linked below.

A. Various Court Filings

Documents, Orders and Letters that appear on the court docket.

Link To Court Docket

B. News Articles on the Copyright Lawsuit

Links to News Articles from Ismaili.net

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

Worldwide Ismailis perplexed by report of a lawsuit allegedly filed by Aga Khan against two of his own - Can the suit be authentic?

Ismailis find this hard to believe as there is no affidavit by the Aga Khan in the court papers, and as the lawsuit is filed outside of the highly regarded Ismaili Arbitration process that the Aga Khan proudly favours.

Is there more to it than it seems?

View Comments

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 from Tajdin and sells it for C$50.00, 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

EXCLUSIVE: Evidence for Aga Khan Lawsuit - multipart report - 2010-05-01

Lawsuit Allegedly filed by Aga Khan: Heritage News has obtained exclusive access to some of the evidence to be submitted by the defendants Nagib Tajdin and Alnaz Jiwa. Documents and evidence extracts were posted here every few days in a multipart report.

Copyright Lawsuit 2010: Online Book of All available Materials for Lawsuit Allegedely by Aga Khan

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Copyright Lawsuit: Expert says Notarized Affirmation is a FAKE! - 2010-06-22

Breaking their silence of more than a month following the wide circulation of the Notarized Affirmation purported to have been signed in Boston by H.H. the Aga Khan, Defendants have disclosed their findings that the Affirmation is fake and they have therefore swiftly filed a Motion for Summary Judgment to be heard on July 12th 2010 at the Federal Court of Canada. The Motion says: "The activities complained of are not infringing the rights of the Aga Khan, who it appears from the forged signatures, has not authorized this action.

The defendants are seeking to have the action dismissed as well on the grounds that they undertook the distribution of the Farman books after receiving the Aga Khan’s instructions and blessings in August 1992, and any activity undertaken with the copyright holder’s consent, even if orally given, is not an infringement of the copyright law.

The Statement of Claim for copyright infringement purported to be from the Aga Khan against two of his followers was filed at the Federal Court early April 2010. It was based, according to one defendant, on a precursor letter dated 24th of January 2010 sent from the secretariat of the Aga Khan to him asking the defendant Tajdin to recall all the "Farman" books published under the "Golden Edition" title on the birthday of the Imam in December 2009.

Farmans are religious pronouncements believed to come from The Light of God [Noor] in the Ismaili tradition as defined by the Imam himself. They cover all aspects of spiritual and material life of the followers. Defendants Jiwa and Tajdin say they were never warned by The Aga Khan to stop publication and distributions of the Farman books. The Defendants exposed the forgery of the signature in the letter purported to be from the Imam in their Statements of Defense.

The plaintiff represented by the renowned firm Ogilvy Renault filed a reply to the defenses - after requesting an extension of 15 days to file their reply - based on the content of a Notarized Affirmation signed in Boston on May 12th 2010. The Affirmation stated that the Imam had given instructions for the Lawsuit as well as for the announcements in all the Jamatkhanas [religious places of worship for the followers], it reaffirmed that the Imam had himself signed himself the letters THEN proven by TWO forensic examiners to have been forged.

The Affirmation was widely circulated on the Internet by the Plaintiff's lawyer Mr Brian Gray although it was not filed in Court. Last week, Counsel for Plaintiff filed an amended reply to the defense correcting a few typos – thus obtaining a 30 day extension for serving their affidavit of documents which was to be served by june 25, 2010, as per the court rules. Why the action continues to be delayed by the plaintiff is a mystery, and it appears that the defendants wish to resolve this case as soon as possible; as a result, the defendants are moving ahead with a motion for summary judgment.

fake_stampThe defendants themselves, surprisingly, have now introduced in court the Notarized Affirmation, dated May 12th 2010 as an Exhibit with the defendants' affidavits, along with an expert’s report that states that the Aga Khan did not sign the affirmation.

In an email reply to a question by Heritage News, Tajdin said that the defendants were "tipped-off" by someone working closely with the Aga Khan's Secretariat in Aiglemont, only days after the signing of the Affirmation, about a possibility of foul play in the authenticity of the Notarized document,

The Counsel for Plaintiff reluctantly released, for a limited number of days, the orginal affirmation for verification to defendant Jiwa. Counsel for plaintiff also declined twice to provide address and contact information for the Notary and the people who witnessed the signature of the Affirmation. The defendants are not surprised at the refusal to be provided this vital information in light of the expert’s finding that the Aga Khan did not sign the affirmation.

The defendants have now lodged, at the Federal Court, evidence proving that the notarized document is a fake. They write in their Affidavit and Motion: "All four expert-reports by three different experts have confirmed that the signatures purporting to be that of the Aga Khan were forged signatures. To date, no real signature of the Aga Khan, the named Plaintiff, can be seen on any document related to this lawsuit."

The defendants are maintaining that the book in question was published with the authorization and blessing of the Aga Khan. They have filed a sworn first-hand Affidavit describing the acceptance by the Aga Khan of the publication of the Farman book in August of 1992 , who not only gave them his blessings, but also gave instructions to continue the work. Tajdin states in his affidavit that he commenced distributing the Farman books after the blessings and instructions received from the Imam, and has since continued publishing Farman books.

According to Copyright laws, a verbal consent for publication can be cancelled anytime by the rightful owner of the work, but it can not be cancelled retroactively. The defendants have re-affirmed in their affidavit, in no uncertain terms, their willingness to abide immediately to all direct instructions, if received from the Imam, regardless of the legal aspect of the lawsuit.

The defendants also state that to date there is no credible evidence that the Aga Khan has authorized this action. They note that the claim was not served on Tajdin for almost a month after filing, the signatures were forged, vital information was withheld from Tajdin, and proceedings were delayed; such matters simply convince the defendants that their suspicions have substantial merit and they are confident that the action will be dismissed.

The Defendants are confident they will be successful in proving in Court their Motion as well as the forgeries in the Affirmation and in letters purported to have been signed by the Aga Khan. They believe, with the discovery of the repeated forgeries, the whole claim of copyright infringement has collapsed like a house of cards. This has now paved the way for a strong defamation lawsuit and possible criminal case for forgery in any or all of the 4 countries involved.

===

Go to Motion from Defendants

Go to Affidavits in support of this motion

Go to Exhibits in support of this motion

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EXPOSED #4: The Cat is out of the Bag in the case of the Lawsuit Allegedly by the Aga Khan - 2010-05-08

What and who triggered the announcements of LIF in all JK of the world? That is an important question in the matter of the Copyright Lawsuit purported to be from “The Aga Khan.”

In February, long before the lawsuit, there was a phone call received by one of the defendants after he reported to Aiglemont that he had discovered that the Imam’s signature was being forged.

Why was it necessary to forge Imam’s signature? Who did it? How many more forgeries were done?

All these were questions in the mind of one of the defendants, that morning of 17th February 2010, when he received a threatening phone call to silence him. It was a miracle that, the same day, for the record, he decided to put that conversation in writing.

Heritage News is disclosing part of the document here as it will be one of the many documents submitted in Court as evidence that there is more to this lawsuit then meets the eyes.

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UPDATED MAY 22 - Copyright Lawsuit: Solution in Sight - 2010-05-19

A solution is in sight to expeditiously resolve this Copyright Lawsuit case to the satisfaction of the Aga Khan and of all parties.

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Copyright Lawsuit: 5 minute meeting with H.H. The Aga Khan to close the case - 2010-05-19

Law Firm threatens defendants and acts on the threat!

Heritage News has found out that Mr Brian Gray, lawyer for the purported Plaintiff in the Aga Khan Copyright lawsuit, threatened the defendants to widely circulate a purported "affirmation by the Imam" while delivering the said affirmation.

Mr Gray could have used the standard line that noncompliance would result in further court proceedings, but he did not do that. Instead he opted for an unbecoming written threat to defame! This raises more questions about the origin of this case. Would the Imam allow such a threat? Can this have been an instruction from a usurper?

Heritage News has further found out that Mr Gray has started acting upon his threat by publicizing the said affirmation.

5 minute meeting with H.H. The Aga Khan to take His instruction and close the file

Increasing evidence shows that the whole lawsuit was launched without any direct instruction from the Imam

The defendants however, have found some common ground between the lawyer's demand and their position:

* The original forged letter, which Mr Gray believes to be genuine, clearly requires the defendants to confirm their actions directly with the Imam.

* The defendants, upon direct communication with the Imam are willing to stand by every promise in their defense.

* According to the Oxford dictionary, direct means in person and without intermediary.

Therefore, the defendants have asked Mr. Gray if it is possible to arrange a 5 minutes meeting with H.H. The Aga Khan for them to receive direct instructions from the Imam on how to proceed henceforth. They have also expressed their sincere wish to resolve the matter quickly, while ensuring that the Imam's interests are protected.

Here is an opportunity for Mr. Gray to do the right thing.

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Copyright Lawsuit Allegedly by Aga Khan: MOTION FOR DISMISSAL FILED - 2010-06-21

On June 21st, the Defendants filed a motion for an order granting summary judgment dismissing the plaintiff's action. The Motion introduces new evidence of forgery and says: "The activities complained of are not infringing the rights of the Aga Khan, who it appears from the forged signatures, has not authorized this action." The motion will be argued 12-JUL-2010 to begin at 09:30, and an affidavit of reply is due from the plaintiff 10 days before this date.

Heritage news has created this special report section on the new developments in the Copyright Lawsuit allegedly by the Aga Khan. This section will be shortly updated with copy of Motion, Affidavits and Exhibits from Court. View All Comments on the Case

Copyright Lawsuit allegedly by Aga Khan: Defendants Move for Dismissal of the lawsuit - 2010-06-22

Breaking their silence of more than a month following the wide circulation of the Notarized Affirmation purported to have been signed in Boston by H.H. the Aga Khan, Defendants have disclosed their findings that the Affirmation is fake and they have therefore swiftly filed a Motion for Summary Judgment to be heard on July 12th 2010 at the Federal Court of Canada. The Motion says: "The activities complained of are not infringing the rights of the Aga Khan, who it appears from the forged signatures, has not authorized this action."

The Statement of Claim for copyright infringement purported to be from the Aga Khan against two of his followers was filed at the Federal Court early April 2010. It was based according to one of the defendants on a precursor letter dated 24th of January 2010 sent by the Aga Khan to him asking the defendant Tajdin to recall all the "Farman" books published under the "Golden Edition" title on the birthday of the Imam in December 2009.

The plaintiff represented by the renowned firm Ogilvy Renault filed a reply to the defenses - after requesting an extension of 15 days to file the reply - based on the contents of a Notarized Affirmation signed in Boston on May 12th 2010. The Affirmation was widely circulated on the Internet by the plaintiff's lawyer Mr Brian Gray, althought was not filed in Court. The Affirmation stated that the Aga Khan had given instructions for the Lawsuit as well as for the announcements in all the Jamatkhanas [religious places of worship for the followers], it reaffirmed that the Imam himself had signed the letter THEN proven by TWO forensic examiners to have been forged.

The defendants have now lodged at the Federal Court evidence proving that the notarized document is a fake. They write in their Affidavit and Motion: "All four expert-reports by three different experts have confirmed that the signatures purporting to be that of the Aga Khan were forged signatures. To date, no real signature of the Aga Khan, the named Plaintiff, can be seen on any document related to this lawsuit."

The defendants have re-affirmed in their affidavit, in no uncertain terms, their willingness to abide immediately to all direct instructions, if received from the Imam, regardless of the legal aspect of the lawsuit. The Defendants state that to date there is no credible evidence that the Aga Khan has authorized this action.

The Defendants are confident they will be successful in proving in Court their Motion as well as the forgeries in the Affirmation and in letters purported to have been signed by the Aga Khan. They believe, with the discovery of the repeated forgeries, the whole claim of copyright infringement has collapsed like a house of cards. This has now paved the way for a strong defamation lawsuit and possible criminal case for forgery in any or all of the 4 countries involved.

Additional Details are available in the related article titled "Copyright Lawsuit: Expert says Notarized Affirmation is a FAKE!"

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Copyright Lawsuit Motion for Dismissal: ANOTHER DELAY TACTIC - 2010-06-24

The Plaintiff's lawyer at Ogilvy Renault has asked the defendants to allow their Motion to be postponed so that the Plaintiff can have the time to file their own motion for summary judgment and both motions can be then heard at the same time. The defendants have said a categorical “no!” to this new attempt to delay the proceedings.

As usual, the Defendants expect that reaction to their “no” will be more threats, propaganda, defamation and slander but ultimately the defendants have told the Heritage News that they will comply with the Court process and the Law of the Land as required by the Imam in His Farmans. They said they will prove to the Court that the Aga Khan’s name has been misused and that the delays created by Plaintiff’s lawyers are detrimental to the reputation of all of the stake holders including the Ismaili Community at large and its beloved leader, H.H. The Aga Khan.

The fact that forgery of the Aga Khan’s signature was necessary on key documents in trying to convince the defendants and the Court, is one of the elements that they will point to the Court as supplementary proof that the Aga Khan has not initiated this lawsuit.

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Copyright Lawsuit: Read the AFFIDAVITS in Defendants' Motion Here - 2010-06-24

Attached are the Affidavits submitted by defendants Alnaz Jiwa and Nagib Tajdin on June 21, 2010 in support of a motion for summary judgement to dismiss the case.

03-Affidavit of Karim Alibhay sworn April 28, 2010.pdf

Karim Alibhay presented the first Kalam-E Imam-E Zaman Book in Mehmani on August 15th, 1992. His affidavit describes the circumstances of this Mehmani. .The Imam had blessed family and the rest of the Mehmani tray; Alibhay then, intending to present the book which was also on the tray, asked how they could serve the Imamat. This is when the Imam came closer, took a long look at the book, placed His hand on it, and gave blessings and instruction to continue. Alibhay adds that the recording of this mehmani must exist with the Ismaili Council as it was projected live, and recorded too.

This description is important because for Nagib Tajdin, this instruction became a Farman that he could not disregard, and due to which he continued the work for 18 years.

03-Affidavit of Alnaz Jiwa sworn June 16, 2010.pdf

Alnaz Jiwa explaines the circumstances in which he came to learn of the existence of these Farman books and subsequently to start to distribute them. He details how he is only following Farmans and the Constitution and has breached Neither. He adds that following the consent and instructions in 1992, there is not sufficient evidence to convince him that the Aga Khan has now changed His mind on the matter. He also details many discrepancies and abnormalities in the events surrounding this action which create doubt on the authenticity of the action.

Notably, Alnaz does not seem to have been personally contacted at all to stop distribution nor personally warned by anyone prior to being sued in this action.

04-Affidavit of Nagib Tajdin sworn May 7, 2010.pdf

Nagib Tajdin details his search for Farmans, how he came to collect, and compile Farmans as a voluntary service in order to preserve their dignity, and how the Kalam-E Imam-E Zaman farman book distribution commenced only after acceptance and instructions from the Aga Khan, and continued openly for the past 18 years.

This affidavit also details some of the history of communication with Shafik Sachedina dating back to 1998 when they were to collaborate on the 4th volume of Farmans. The main disagreement between Tajdin and Sachedina was because Sachedina maintained that the Imam's wordings need to be edited because The Imam was" thinking in French and speaking in English" and Tajdin maintained that Farman wording should not be changed.

05-Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010.pdf

Tajdin's supplementary affidavit details how the January 24th letter as well as the affirmation, both allegedly by the Aga Khan, came to be, and the discrepancies surrounding the delivery, the content and handling of these, as well as the 4 expert reports by 3 different experts concluding that they are not signed by the Aga Khan.

Tajdin reaffirms that he will cease the contentious activities if the guidance to cease is directly given to him by the Aga Khan.

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Go to Motion from Defendants

Go to Exhibits in support of this motion

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Copyright Lawsuit: Read the EXHIBITS in Defendants' Motion Here - 2010-06-24

Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit A - letter from Nagib Tajdin to the Aga Khan dated January 4, 2010.pdf

Letter humbly written by Nagib Tajdin to the Aga Khan submitting Mehmani, Nazrana, and asking for guidance and asking for sincere forgiveness.

Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit B - letter to Nagib Tajdin dated January 24, 2010.pdf

Letter received by Nagib Tajdin from the secretariat of the Aga Khan. This is the same letter which is said to be written in a style totally different from that of the Aga Khan, and whose signature has been assessed by 3 highly qualified forensic experts as being forged.

Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit C - Graziella Petinatti's report dated February 4, 2010.pdf

Expert report on the January 24th letter concluding that the Aga Khan did not sign the letter. The expert is highly qualified, and came recommended by a Lawyer who has long worked for the Aga Khan Council for canada.

The expertise was based on 5 authentic signatures, one of which was dated December 2009, which is after the Aga Khan's Shoulder operation.

Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit D - Wendy Carlson's report dated February 8, 2010.pdf

Expert report on the January 24th letter concluding that the Aga Khan did not sign the letter. The expert is based in the USA and is highly qualified.

The expertise was based on 5 authentic signatures, one of which was dated December 2009, which is after the Aga Khan's Shoulder operation.

Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit E - Affirmation dated May 12, 2010.pdf

This is the Affirmation in which the Aga Khan allegedly says that he is the plaintiff, that he never consented to the printing of the book, etc..

This is the same document that, although it is still not filed in court by the plaintiff's Lawyer, was widely circulated by the Lawyer after threatening to do so while delivering it to Tajdin.

Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit F - Graham P. Ospreay's report dated June 9, 2010.pdf

Expert report on the January 24th letter concluding that the Aga Khan did not sign the letter. This is a highly qualified expert with a long and impressive resume.

His report was based on 20 authentic signatures, one of which was dated December 2009, which is after the Aga Khan's Shoulder operation. The expert noted that the variation in the known signatures of the Aga Khan is narrow,

Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit G - Graham P. Ospreay's report dated June 9, 2010.pdf

Expert report on the May 12th affirmationconcluding that the Aga Khan did not sign the letter. This is a highly qualified expert with a long and impressive resume.

His report was based on 20 authentic signatures, one of which was dated December 2009, which is after the Aga Khan's Shoulder operation. The expert noted that the variation in the known signatures of the Aga Khan is narrow,

Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit H - e-mail from Nagib Tajdin to Brian W. Gray and Brian W. Gray response dated June 15 2010.pdf

Email thread detailing Tajdin's request to Mr Gray for contact information of all the persons present during the notarized signing of the affirmation, and the lawyer's polite refusal.

Nagib Tajdin Affidavit sworn May 7, 2010
Exhibit A - copy of the cover page of Farman book Kalam-E Imam-E-Zaman.pdf

Nagib Tajdin Affidavit sworn May 7, 2010
Exhibit B - copy of the cover pages of various Farman books.pdf

Images of the various Farman Books printed by Tajdin

Nagib Tajdin Affidavit sworn May 7, 2010
Exhibit C - copy of the cover page of Farman book titled Kalam-E Imam-E-Zaman Golden Edition [1957-2009].pdf

Images of the various Farman Books printed by Tajdin

Nagib Tajdin Affidavit sworn May 7, 2010
Exhibit D - Copy of announcement of January 16, 2010.pdf

LIF announcement read all over the world on May 7th. According to Tajdin - This is the beginning of the manifestation of Sachedina's threat to ruin the defendant's reputation in the Jamat.

05-Affidavit of Alnaz Jiwa sworn June 16, 2010
Exhibit A - copy of email dated February 15, 2010 sent by Tajdin to Michele Parkes.pdf

Email in french sent by Tajdin to the secretary at Aiglemont who had sent him the forged letter of January 24th. No reply was received to this email from Ms Parkes.

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Go to Motion from Defendants

Go to Affidavits in support of this motion

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

Attached are the motion materials submitted by defendants Alnaz Jiwa and Nagib Tajdin on June 21, 2010.

01-Notice of Motion of Alnaz Jiwa dated June 16, 2010.pdf

In Jiwa's outline of the grounds for this motion, he states that there is no genuine issue requiring trial and that the action should be dismissed because the action is brought under the name of the Aga Khan without His consent, because Ismailis have an inherent right to the Farmans and implied consent to distribute Farmans, because of consent given by the Aga Khan in 1992, because Jiwa has not breached any Farmans or the Constitution, and Because forensic experts have reported that none of the examined materials are actually signed by the Aga Khan.

02-Memorandum of Fact and Law of Alnaz Jiwa.pdf

The memorandum document gives details, and supporting materials for all of the grounds mentioned in the Notice of Motion, and adds that although there is consent and implied consent, the motion can be dismissed on the sole basis of the forgeries.

01-Notice of Motion Nagib Tajdin dated June 16, 2010.pdf

In Tajdin's outline of the grounds for this motion, he states that there is no genuine issue requiring trial and that the action should be dismissed because the action is brought under the name of the Aga Khan without His consent, because Ismailis have an inherent right to the Farmans and implied consent to distribute Farmans, because of consent and implied consent given by the Aga Khan in 1992, and because experts have reported that both the precursor letter to this action and the recent affirmation document are forged.

02-Memorandum of Facts and Law of Nagib Tajdin.pdf

The memorandum document gives details, and supporting materials for all of the grounds mentioned in the Notice of Motion. It also details the Mehmani, Dr Sachedina's correspondence, as well as many contradictions and suspicious behaviours which align with the fact that the Aga Khan is not the real plaintiff. But mostly, it reaffirms the defendant's allegiance to the Imam and portrays the publication of Farmans as voluntary work undertaken with the consent, instructions and blessings of the Aga Khan.

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Go to Affidavits in support of this motion

Go to Exhibits in support of this motion

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Copyright Lawsuit: New Motion to Show That Aga Khan is NOT the Real Plaintiff - 2010-07-31

Since the Defendants are acting on a Farman to them made in 1992, and since this Farman also gives instructions and guidance to continue distributing Farmans, then there is nothing in Ismaili Faith nor in the Canadian Legal system that can force them to stop their actions except the Imam, by giving new instructions Himself.

The Defendants have motioned to halt all proceedings until direct evidence from the Plaintiff can be received. The Defendants have also motioned for Discovery of the Imam for 5 minutes in Paris to confirm that he is not the one who initiated the lawsuit and to tell him the whole truth of the forgeries.

Since there is so much evidence pointing to this case being initiated and run by a usurper, it is understandable that he and his supporters will feel like they are in hot water, and will continue to fulfill their threat to ruin the defendants and their reputation.

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Discovery Request by Defendants Will Demonstrate That Imam is Not the Real Plaintiff - Copyright Lawsuit - 2010-07-31

Request by the Defendants for Discovery Would Help the Plaintiff Win

The Plaintiff's Lawyer, Mr. Gray informed the Defendants that he advised the Imam NOT to attend for Discovery, which prompted the Defendants to question, why would counsel advise against a five-minute meeting to end the case and instead continue toward 10 or more full days' worth of legal proceedings other than to earn excess fees... Hence the bringing of the Motion by the Defendants to stay all cross-examinations until it can be confirmed if the Imam is really behind the litigation.

The latest request by the Defendants for Discovery of the Plaintiff would, if the case was authentic, give the Plaintiff the easiest way to win every aspect of the case, or since the case is not authentic, it will prove that the Aga Khan is not the Real Plaintiff.

The Proceedings are Against Tenets of Ismaili Faith

Two of the many tenets of ismaili Faith that are brought to question by this Lawsuit are described in the following extract.

"7. The statement of claim, as well as the reply, is degrading our Imam by destroying two of the main tenets of of Ismailism of which He is the Imam: the first tenet of Ismaili faith is about the Infallibility of the Imam in matters of religion, that Sachedina states that the Imam, when making Farmans, makes mistakes which requires correcting by institutional leaders; and the second one is that the Farmans originates from the Divine Light which is called "Noor" and therefore can not be changed in any way until superseded by a new Farman.
"
Extract from Nagib Tajdin's Affidavit of July 29, 2010

Reasoning Behind the Need for a Stay in the Proceedings

Reasons why a temporary halt of the proceedings is beneficial to all is described in the following extract:

"16. The defendants ask that the cross-examinations and other procedures scheduled for the motions for judgment be stayed for a period of 30 days or until the Aga Khan is produced for oral examinations for the following reasons:

(a) the defendants position is that the Aga Khan is not behind this lawsuit,

(b) A delay of 30 days for the cross-examinations will not prejudice the plaintiff;

(c) Extensive cross-examination preparations, attendance for cross-examinations, transcript costs, costs for the experts’ cross-examinations, preparation of updated memorandum of fact and law, two to three days set aside for hearing of the motions, travel by two (and possibly three) witnesses from Kenya, along with their own loss of time from work; judicial resources, all will be avoided if the named plaintiff attends for discoveries for five minutes to confirm if he is behind this litigation and directly confirms if he, either did not give his consent on August 15, 1992, or that he revokes that consent, or that he does not wish to have His Farmans distributed by the defendants;

(d) The defendants have all along stated that if the Aga Khan wishes to stop the activities complained of, the defendants would be abided immediately by the defendants despite any legal avenues available to them;

(e) The plaintiff’s counsel’s instructing his client not to attend on reasoning that if either of the motions succeed discoveries would not be necessary, but he ignores the very real probability that the plaintiff may not succeed in his motion without any direct evidence from the named plaintiff, and in any event, there is a strong probability that neither party may succeed, and if so, the parties would have to proceed with the litigation;

(f) The defendants are not seeking costs from the named plaintiff, therefore, even if the defendants win their motion, they cannot collect costs from the named plaintiff who is their spiritual father; and

(g) Allowing the discovery to proceed will conclusively resolve the litigation, either by confirming that the Aga Khan is the real plaintiff, in which case the defendants would cease their activities, and if the Aga Khan is not the real plaintiff, then such injustice would be stopped in its tracks.
"
Extract from Alnaz Jiwa's Notice of Motion of July 29, 2010

Does Imam use Intimidation Tactics?

Since there is so much evidence pointing to this case being initiated and run by a usurper, it is understandable that the usurper and his supporters will feel like they are in hot water, and will continue to fulfill their threat to ruin the defendants and their reputation.

In fact, when the Copyright Lawsuit was filed, and even before the Defendants were served, it was circulated by email to worldwide ismailis. Mass pressure tactics are undertaken on the web, through a telephone campaign, through unrelenting and continuous personal gatherings in Jamatkhanas. All to establish that 2 murids of the Imam of the time were enemies of the Faith for having circulated the Farmans of their Imam to their community. Would the Imam need to use such tactics? Are there not very simple and definitive ways in which the Imam can establish His authority in the matter without creating such unrest in the Jamat?

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Copyright Lawsuit: CROSS-EXAMINATIONS confirm that the case is not authentic nor filed by Aga Khan - 2010-09-04

Heritage News has obtained the cross-examination transcripts, and they contain many revelations. First impression from Heritage News is that the three people who allegedly represent the Imam in this case seem to confirm everything that the defendants have been saying! The defendant's position comes out even clearer and stronger! - But you be the judge once the transcripts are available.

Mr Gray's questions show his lack of knowledge of the Imamat, the Ismaili Faith and the Institutions. His questions instead, undermine the Imam!

Mr Sachedina's answers go against the main principle of Ismaili Faith and undermine the value of the Word of every hereditary Imam, a value which has been central to Ismaili Tariqah right from the beginning. Mr Sachedina's answers also confirm that all evidence in this case originates from him.

Mr Bhaloo has no input to give on the matters of importance in this case, and has appeared only at the request of Mr Sachedina. He refuses to answer simple questions and contradicts Mr. Sachedina.

Mr Tajdin's answers show that he has maintained a good relationship with Dr. Sachedina and Mr. Bhaloo, and that he has had many opportunites to approach the Imam, but that he has never crossed boundaries due to the code of conduct prescribed to Ismailis. He asks many of the same questions that the worldwide Jamat has about this Lawsuit, and pinpoints contradictions.

Mr Jiwa asks clear questions requiring precise answers that show the holes in the plaintiff's case as well as whether the witness is making up a story. Mr. Jiwa's answers show that he had nothing to do with the publication of thye Golden Edition KIZ and appears in this Lawsuit due to a confusion by Mr Sachedina between Mr Jiwa's private mailing list and Mr Tajdin's public website.

Both defendants reaffirmed under oath that they will stop all infringing activities if they have an authentic instruction from the Imam Himself to do so, no matter the legal recourses available to them.

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

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

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]

All Comments

Cross-Examination of Expert Shows Main Weakness of Lawsuit Allegedly by Aga Khan - 2010-09-12

So far, the cross-examinations have shown that the whole case is orchestrated by a couple of people. The Plaintiff's case has not shown any access to, nor any evidence from the Imam. The Plaintiff party is therefore now trying to undermine the firm forgery evidence that the defendants have got.

If Mr Gray is to be believed on the authenticity of the January letter and the May Affirmation, then ismailis would also have to believe that the Aga Khan is aging and in bad health and can no longer do a signature that has remained consistent over many decades. We would also have to believe that Imam's signature changed for the January letter and for the May Affirmation, but not for the February letter [which we know is lifted from another document]. And many other completely unbelievable assumptions would have to be admitted by Ismailis if the Letters are believed to be true!



Short History of the Forgeries

Since the infamous phonecall by Mr Shafik Sachedina in January threatening to ruin Mr Nagib Tajdin's reputation, the Defendants have received 3 communications in 2010 that appeared to be signed by the Aga Khan:

[Letter from January 24 Purportedly by Aga Khan]
[Letter from February 18 Purportedly Signed by Aga Khan]
[Affirmation from May 12 Purportedly by Aga Khan]

A closer look at the above communications revealed large discrepancies in content, format and in signature compared to all known communications of the Aga Khan. When defendants asked questions, no direct contact was allowed with the Aga Khan, no Farman or relevant constitutional clause was shown, and no clarification was given to the defendants, which prompted the defendants to contact 3 different experts and to get 5 different expert reports all of which concurred that the Aga Khan did not sign these communications. None of the experts contacted by the defendants showed any doubt that these are forgeries.

[Quebec Expert report that signature on January letter is not of the Aga Khan]
[US Expert report that signature on January letter is not of the Aga Khan]
[ Ontario Expert Affidavit]
[Ontario Expert report on January letter]
[Ontario Expert report on February latter]
[Ontario Expert report on May Affirmation]

As the lawsuit advanced, it became obvious that the Plaintiff party has no access to the Imam, and is using their immense resources and influence to make many legal manoeuvres to avoid presenting any direct evidence from the Aga Khan. In fact, the forged letter was used as a tool to ruin the Defendants' reputation in public, but it was not put in court as evidence. The forged letter was actually first presented to the court by the defendants.

During the cross-examinations for summary Judgement, it became amply obvious, from Mr. Gray's Questions as well as from Mr Sachedina and Mr. Bhaloo's answers that they did not represent the Aga Khan, the beloved Imam of the Ismailis.

And therefore, in the absence of any genuine new instruction from the Imam, Defendants are bound by their allegiance to follow the Imam's Farmans, the Ismaili Constitution, as well as the Imam's direct instruction in Mehmani which are known to be authentically from the Imam and in no way support the Plaintiff Party's stance.



Expert's Cross Examination

To counter the damage done to the Plaintiff's case by the above-mentioned cross-examinations, Mr Gray chose to examine, two weeks later, the Defendant's forensic expert Mr Ospreay. This examination clearly highlights that Mr Gray has no access to the Aga Khan, that Mr Gray shows very little respect towards the Aga Khan, and that Mr. Gray does not know the Aga Khan very well.

The Aga Khan is alive and well. Why waste time on a counter-expertise?

Mr Gray asked his own expert, not to show that the signatures are authentic, not to render any conclusion, but rather just to cast some doubt on the defendants' expertise. If Mr Gray had access to the Aga Khan, would he need to cast doubt on the expertise? He could instead destroy it by having the Aga Khan say in person that he signed the letters. And both defendants would immediately fold.

Mr Gray did not provide any authentic documents for his own expert to examine.

If Mr Gray actually represented the Aga Khan, he would have had access to many original signed documents from the Aga Khan. He could have gotten a real counter-expertise to actually conclude on the authenticity of the signatures. He could have had access to undisputed treaties signed by the Aga Khan in front of large audiences. Instead, he only got an expert to cast some doubt.

Defendants will not provide originals to Mr Gray

The Defendants refuse to give the originals of the forged letters to Mr Gray, as they cannot allow anyone to tamper with the original evidence of forgery. Forgery is a criminal offense in most of the countries. Why would the Plaintiff party ask for originals from the defendants, other than to get the forged documents out of the hands of the Defendants?

Similarities or Dissimilarities?

When a signature has remained consistent over many decades, it is very concerning when obvious dissimilarities are observed in a questioned signature. Obviously, fraud can only be discovered by analyzing dissimilarities, not similarities which are bound to happen since the forger is imitating the signature to the best of his ability. Furthermore, the dissimilarities in this case include a less fluid, more hesitant signature with the pen being lifted up many times, whereas the Aga Khan's known signatures are always fluid.

January and May signatures are similar

Mr Ospreay says that the dissimilarities found in the May signature are also present in the January signature. This leads Mr Gray to forward the conclusion that the same person probably wrote both signatures. The defendants agree, that it is highly possible that the same forger forged both signatures, they have never denied this.

Mr Gray admits 2 of the signatures are different from Aga Khan's Known Signatures

By asking a line of questions about why a signature could have changed, even Mr Gray admits that the signature on the January letter as well as on the May Affirmation are different from the Aga Khan's known signatures. Now, Mr Gray has to try to find an explanation for the differences in these signatures.

Mr Gray insists on Imam's Old Age and Bad health.

Mr Gray has been trying to advance the hypothesis that the Aga Khan's signature has changed because of old age and a 2-year old shoulder accident. But his own witness Mr Sachedina does not support Mr. Gray on this conclusion! Mr Gray has not shown any evidence that the Aga Khan is suffering from any ailment that prevents him from signing as usual, he is just making disrespectful assumptions that everyone denies!

In a short phone interview, one defendant said that he has had the opportunity to take close photos and videos of the Imam in 3 or 4 different countries after the shoulder injury happened and has seen that Imam is in perfect control of his hand and fingers.

Aga Khan has a consistent signature.

Mr Gray also tried to show that signatures naturally evolve and that the Aga Khan's signature could have evolved since the sample signatures were written. However, the expert Mr Ospreay pointed out in his affidavit that although it is normal for some people's signatures to vary, in the case of the Aga Khan, his signature has had very little variance over many decades.

Betrayed by the Second letter

The second forged letter, dated February, was shown to be a print on unusual paper and not an actual handwritten sample. Now, a quick comparison even by a layman of this second signature with the two others shows that this February signature is consistent with all the other known authentic signatures of the Aga Khan.

Now, even if one is to assume for a moment that the three letters are not forged, how is it then possible that the January and the May Signatures are affected by ailments and dissimilarities but the February signature is not affected by these?

Weakened Position

Heritage News therefore finds that the cross-examination of Mr Ospreay only shows more clearly that Mr Gray has no new credible evidence to present, and that he has no direct access to the Aga Khan to clear up the forgery issue. This gives more credibility to the Defendants' claim that the whole case is initiated by a usurper and not by the Aga Khan Himself.



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

All Comments

Copyright Lawsuit: Imam Appears for Discovery and Ends the Case - 2010-10-15

2010-10-15: Heritage news was able to speak briefly with the defendants to ask our burning questions: Did the discovery happen? How long? What was accepted by whom? What was not mentioned? What were the main messages? Here are some answers:

- The discovery did happen, Hazar Imam arrived at 10:40am. Mr Gray brought also the real Plaintiffs Sachedina and Manji. {there was no Affidavit from H.H. The Aga Khan in this case which was solely supported by Affidavit from Sachedina and Bhaloo unauthorised by the Imam according to their own sworn replies at previously held Discoveries]

- The meeting lasted a half-hour of which nothing from the Imam was on the record as Mr Gray put everything off record without authorisation from Mr Tajdin..

- Nagib asked no questions. Questions were already given in advance, the main question being was he instructed by the Imam to publish Farmans. Imam said he was looking for competent people in 1992 and he remembered very well the Mehmani. When the book was presented to him, he gave instruction to continue. Imam also said he does not edit his Farmans, he annotates them and all of those can be made available to Alnaz and Nagib if they wish.

- Imam said to put this matter to rest and consent to judgment and later said that it would be nice if allegations of forgery against his staff were withdrawn.

- Imam said "we will work together" and we will meet again.

- Imam said that copies already bought by murids can be kept by them and do not have to be returned.

- Both Nagib Tajdin and Alnaz Jiwa asked for forgiveness more than once, and each time Imam said everything is forgotten (as if never happened.).

- Nagib said he was taking full responsibility for the publication and Alnaz had not participated in the publication, and Imam said he knows.

- The meeting ended with warm greetings and smiles. Imam left happy, saying "we will meet and work together". "Khouda Hafiz".

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

All comments on the case

Aga Khan Lawsuit: Fraud at Aga Khan Studs - 2000-02-22

Action brought by Mary Charlton - a secretary at the Aga's Irish studs for 27 years - against his bloodstock holding company, the Studs Societe Civile.

But it turns out that the Aga Khan had no hand in mistreating the Plaintiff:

The Aga also appeared to deny having ordered Charlton to be fired because Carnegie continued: "His Highness further instructs me that he did not issue instructions to either Richard Coulton, Frank Faughan or myself or any other person, to take any steps in relation to the termination, or alteration of the terms of, Mrs Charlton's employment."

Read the full Judgment attached below to see:
- How a document forgery was perpetrated by a high ranking agent of the Aga Khan to cover up that agent's own possible involvement in a large fraud.
- How this forgery was done on behalf of the Aga Khan and His Societe Civile.
- How this agent attempted to mislead the Irish High Court in order to prejudice it and divert blame to a secretary
- How this nevertheless became a very long court battle that was made to look like a former secretary was conducting a lawsuit against the Aga Khan.

In this case, where the Aga Khan and his society were the defendants, the Judge said:

"It is a matter of regret that I have had to come to such conclusions. I am
sure that His Highness will be surprised and upset at the manner in which the litigation
has been approached and at how the Orders of the High Court have been dealt with by his
agents on behalf of the Defendant Société
. It is most unfortunate in view of the high
regard in which his family, and in particular his grandfather, have always been held in this
country where his name is well remembered annually in the competition for the famous
Aga Khan trophy. This is all the more a matter for regret in a case in which the letters of
praise and commendation of the Plaintiff, written in such gracious terms to the Plaintiff
by His Highness, stand out as a ray of sunshine amid the bleak atmosphere of
confrontation and distrust engendered by the conduct of some of the agents and
employees of the Defendant. I should make clear that no criticism is intended of
Solicitor or Counsel acting on behalf of the Defendant who act on instructions given and
can only divulge such documents as are given to them and cannot be criticised if they
have not been made aware by their own clients of improper, unauthorised and misleading
excisions.

Alnaz Jiwa NOT guilty of Criminal Assault - 2012-05-30

The trial judge held, after reading his judgment for about 35 to 40 minutes, that Jiwa is not guilty. He essentially rejected all of the plaintiff's witnesses' evidence respecting the incident that happened in Unionville JK, going over in details the evidence given by the witnesses.

The trial judge slammed Mehboob Kamadia's evidence the most, "I also find the intervention of Mr. Kamadia to be an important catalyst as to how the events that followed unfolded. ", essentially pointing to him as the cause of the trouble at JK that night, saying that he exaggerated his evidence, gave false statement to police that night, that he speculated in one specified point without any evidence, and held that he was motivated by animosity.

Details and Comments are posted Here

The Judge also said:
"I find that Mr. Jiwa was also a defendant in a civil matter, the plaintiff being either the Iman or agents of the Iman, the spiritual leader of the particular religion of both Mr. Jiwa and Mr. Kara. I find and accept that Mr. Jiwa defended that action.
I find on the evidence that Mr. Jiwa’s defence of this matter caused a number of people in that particular religious community to be offended, as the defence to the action was seen as an affront or challenge to the authority of the Imam. I find there was hostility directed to Mr. Jiwa by Mr. Kara on December the 30th, 2010 as a result of what was perceived to be a challenge by Mr. Jiwa to the authority of the spiritual leader. "

Copyright Lawsuit: Defendants are continuously attacked, assaulted - 2010-12-31

Defendants Nagib Tajdin and Alnaz Jiwa have been continuously attacked and assaulted since the beginning of the Lawsuit.

Verbal and printed attacks against the defendants in Public and in Jamatkhanas are well-known. Reports of physical attacks are now coming to light.

Again, these attacks go against all of Hazar Imam's teachings. In light of the stand of the Imam during the Discovery in October 2010, there is no valid reason for these senseless attacks to continue.

Comments on Attacks

All Comments on Lawsuit

Judgment Acquitting Alnaz Jiwa of Assault - full text of REASONS - 2012-05-30

Information No. 11-00381

ONTARIO COURT OF JUSTICE

5

HER MAJESTY THE QUEEN
v.
ALNAZ JIWA

15

R E A S O N S F O R J U D G M E N T

20

BEFORE THE HONOURABLE JUSTICE W.A. GOREWICH
on May 30, 2012, at NEWMARKET, Ontario

25

APPEARANCES:
30 A. Barkin Counsel for the Crown
M. Syed Counsel for Alnaz Jiwa

1.
WEDNESDAY, MAY 30, 2012
R E A S O N S F O R J U D G M E N T
GOREWICH, J. (Orally):
Alnaz Jiwa is charged that, on the 30th of December 2010, he committed and assault with a weapon on Mansurali Kara.
The Crown called Mansurali Kara, Naushad Jina, Mehboob Kamadia, Baljit Bardai, Salim Bardai, Constable Yee and Azmeena Kara. The defence called Mr. Jiwa.

The issues in this matter revolve around the notions of self defence, excessive force and credibility.
An overview of the scenario is as follows. The setting is a mosque in the Markham area. The complainant was at the mosque at the same time as the accused and confronted the accused as to why he was there. There is evidence the complainant was angry and had to be distracted. There is also evidence the complainant was told by a witness, who testified, that the accused was waiting for him in another room in the mosque. As the complainant was leaving the mosque, there is evidence that either he made a motion of some kind towards the accused, or the accused made a gesture towards him. The complainant, fearing he would be struck, punched

2.
R. v. JIWA Ð REASONS FOR JUDGMENT Ð GOREWICH, J. the accused in a pre-emptive mode, making contact with him. The accused responded by
raising his arm and, in the process, threw a bag containing a plate he was holding, causing it to strike the complainant in the head and resulting in injury that required stitches.
The evidence at trial was lengthy and dealt with many events that took place that night. The following comments and findings are based on my view of the evidence and relevant facts and I will restrict my comments and findings to those areas I have determined to be of most
importance.

I find Mr. Jiwa attended the mosque on December the 30th, 2010 for the purpose of expressing condolences to a bereaved family. I find that Mr. Jiwa was also a defendant in a civil matter, the plaintiff being either the Iman or agents of the Iman, the spiritual leader of the particular religion of both Mr. Jiwa and Mr. Kara. I find and accept that Mr. Jiwa defended that action.

I find on the evidence that Mr. Jiwa’s defence of this matter caused a number of people in that particular religious community to be offended, as the defence to the action was seen as an affront or challenge to the authority of the Imam. I find there was hostility directed to Mr. Jiwa by Mr. Kara on December the 30th, 2010 as a result of what was perceived to be a challenge by Mr. Jiwa to the authority of the

3.
spiritual leader. This is the genesis of the events as they unfolded at the mosque on the evening of December the 30th, 2010.
I make the following findings as to what occurred in the prayer hall. I find the evidence virtually uncontested that Mr. Kara initiated verbal contact with Mr. Jiwa. I find there were two incidents in the prayer hall, the first when Mr. Jiwa was kneeling down and speaking to his bereaved friend and at least was touched on the shoulder by Mr. Kara and rudely told, in essence, that he should not be at the mosque. The second verbal contact was when they were in the prayer line or in separate prayer lines not far from each other. There was a further exchange in the prayer line or lines.
In no uncertain terms Mr. Kara expressed his opposition to Mr. Jiwa about his being there in these verbal contacts. The evidence reflects he, Mr. Kara, was agitated. His views, I find, were expressed in such a vociferous manner that it became necessary for Mr. Kara’s nephew by marriage, Mr. Bardai, a Crown witness, to attend the prayer line in which Mr. Kara was standing and distract him. Mr. Kamadia, another Crown witness, I find also intervened for the purpose of distracting Mr. Kara.

4.

Mr. Kara, spoke quietly and calmly, given the evidence of both Mr. Bardai and Mr. Kamadia. Except for Mr. Kara’s evidence, there is little to illustrate Mr. Jiwa’s aggression in the prayer hall. There is evidence with respect to his verbal response to Mr. Kara’s aggression.

I find Mr. Kara had no authority to tell Mr. Jiwa or anyone else to leave the mosque. I find comments made by Mr. Jiwa to Mr. Kara in response to Mr. Kara’s comments were not threatening, but firmly expressed to Mr. Kara, and that Mr. Jiwa was not about to leave the premises. I also find the intervention of Mr. Kamadia to be an important catalyst as to how the events that followed unfolded. As noted above, I find Mr. Kara was agitated to such an extent that he had to be distracted and pacified, engaging the words of both Mr. Bardai and Mr. Kamadia respectively.

20

The entire episode, including the throwing of the plate by Mr. Jiwa, was initiated by Mr. Kara, although as noted, Mr. Kamadia was a catalyst after the initial sparring. I found Mr. Kamadia to be less than objective in his evidence. I also find on the evidence he harboured at least a dislike for Mr. Jiwa. Mr. Kamadia did tell Mr. Kara, based on nothing but speculation, that Mr. Jiwa was waiting for him outside the prayer hall, after prayers had been completed. On the evidence of Mr. Kamadia

5.
himself, I find this information was not accurate, but it did cause Mr. Kara to be on guard for what he perceived to be an imminent impending threat of a confrontation of some sort between Mr. Kara and Mr. Jiwa. This was of such concern that Mr. Kara requested Mr. Kamadia to escort himself and his wife from the prayer hall. It is not clear whether Mr. Kamadia did in fact escort them out, but I do accept the evidence that such a request was made. I find Mr. Jiwa, based on his own evidence and indeed the evidence that came from the mouths of Crown witnesses, that no conclusion could be drawn that Mr. Jiwa was waiting for anyone. The evidence is Mr. Jiwa was standing in a room, outside the prayer hall, speaking to Mr. Ebrahim after he left the prayer hall and had purchased food.

I find the words used by Mr. Kara in his description of Mr. Jiwa while he was standing and speaking to Mr. Ebrahim does not comport with the evidence of other witnesses and indeed, in my view, is exaggerated to a great degree and is inaccurate in any event. I do not accept the evidence of Mr. Kara that Mr. Jiwa was “aggressive”, “ready to pounce”, and “looked like he was ready to ambush” him. Mr. Kara, in making his observations, also noted his wife speak to Mr. Jiwa outside the prayer hall. The description by Mr. Kara of Mr. Jiwa is not borne out by the evidence of Mr. Kara’s wife, or

6.

others. I find Mr. Kara was bracing himself for something based on what Mr. Kamadia had told him earlier and based on his own sense of the effect his words had on Mr. Jiwa. Mr. Jiwa, on his own evidence and on the evidence of others, was
talking to Mr. Ebrahim. Mr. Jiwa testified he was speaking to Mr. Ebrahim about
incorporations, et cetera. I accept that evidence as being logical and consistent.

10

I find that when Mr. Jiwa left the prayer hall he made a decision he was not going to leave and purchased a plate of food that was placed in a plastic bag that he was holding while he was speaking to Mr. Ebrahim.

15

The actual incident, and parts of the actual incident, were seen and testified to by several people, including the two principals in this matter, that being of course Mr. Kara and Mr. Jiwa. It was Mr. Kara’s view that Mr. Jiwa was going to hit him, so he struck Mr. Jiwa first to throw him off balance. I find Mr. Kara did throw the first punch in a series of punches he directed at Mr. Jiwa, but did not land any punches on the face of Mr. Jiwa as he intended, although Mr. Kara testified that he did. Mr. Jiwa testified he was not struck in the face. I find the evidence of Mr. Kara that the plate was thrown like a missile and the congregation was trying to hold back Mr. Jiwa an exaggeration. Mr. Kara did hit the pillar, located behind Mr.

7.
R. v. JIWA Ð REASONS FOR JUDGMENT Ð GOREWICH, J.
Jiwa, with his fist and injured it as a result.
The question arises as to whether Mr. Jiwa did anything to cause Mr. Kara to think he was going to be struck or whether, as Mr. Jiwa testified, Mr. Kara, who had gone past him, came back and punched at Mr. Jiwa. I find the evidence of Mr. and Mrs. Bardai is not of assistance as neither principal in the matter speaks of the grabbing of Mr. Kara’s collar as the Bardais do, more will be said about this later. Given Mr. Kara’s anger, given he did not want Mr. Jiwa in the mosque, given as I have found on the evidence that Mr. Kamadia, in my view, caused Mr. Kara to fear Mr. Jiwa by telling him that Mr. Jiwa was waiting for him, I find it was Mr. Kara who moved towards Mr. Jiwa to strike him as he testified, in a pre-emptive mode,
notwithstanding the fact that Mr. Jiwa was not making threatening gestures to Mr. Kara, although it was perceived as such by Mr. Kara. Given Mr. Kara’s forehead and face were injured, I find Mr. Kara’s hand or fist was injured, not by being struck by the plate, but when he hit the pillar while striking at Mr. Jiwa and I do accept Mrs. Bardai’s evidence on this point.

On his own evidence, Mr. Kara agreed that Mr. Jiwa at no time made physical contact with him prior to Mr. Kara striking him. Even though Mr. Kara spoke of Mr. Jiwa’s challenging him to fight, I find if those words were uttered they

8.

were not accompanied by actions. I find the evidence of Mr. Jina, another Crown witness, speaks of the plate being thrown by Mr. Jiwa. Mr. Jina testified to hearing comments by both, he could not comment on the content of those comments, he did not see Mr. Kara hit Mr. Jiwa. Mr. Jina, in my view, saw and heard only a very brief portion of what transpired. His evidence adds very little to the scenario under review.

10

I find the evidence of Mr. Kamadia shows Mr. Kara was upset, agitated and needed calming in reference to Mr. Jiwa in the prayer hall. Mr. Kamadia confirms that Mr. Jiwa was speaking to Mr. Ebrahim, as Mr. Jiwa testified. He reports that Mr. Jiwa looked angry. He confirmed he told Mr. Kara not to leave the prayer room alone, and he did walk behind Mr. Kara and his wife from the prayer hall to where Mr. Jiwa was standing. I find Mr. Kamadia was not paying particular attention as he was speaking to people as he was leaving the prayer hall. He did confirm, and I accept, that Mrs. Kara stopped and spoke to Mr. Jiwa outside the prayer hall. Mr. Kamadia did not see Mr. Kara initiate contact with Mr. Jiwa. At the time of the physical altercation, Mr. Kamadia’s evidence is not of assistance as he did not observe a key activity, that being Mr. Kara hitting Mr. Jiwa. I do not find that Mr. Kamadia heard Mr. Jiwa challenge Mr. Kara to a fight as he told the court. I make this finding, as this was not

9.
contained in his statement to the police. I find crucial in his evidence, setting a tone which is continuous in his evidence, and is perhaps based on the history of bad feelings between them, that Mr. Kamadia chose to believe that Mr. Jiwa was waiting for Mr. Kara for a confrontation and he communicated that to Mr. Kara. He did this notwithstanding the fact he testified he saw Mr. Jiwa and Mr. Ebrahim standing and talking at the archway. He told this court that when he said Mr. Jiwa was waiting, he was just guessing. He did not tell Mr. Kara he was just guessing.

Also important to note in this analysis is that Mr. Kamadia did not know why or did not know Mr. Jiwa was at the mosque to pay his respects to a bereaved friend. He did not know why he was there. The evidence is Mr. Jiwa went to the mosque for prayer and humanitarian reasons. I find Mr. Kamadia’s intervention placed both Mr. Kara and Mr. Jiwa in precarious positions. Mr. Kara was caused to think he was going to be attacked and Mr. Jiwa was placed in a position of having later to respond to the actions of Mr. Kara. Mr. Kamadia’s evidence, I find, is inconsistent and problematic in several important aspects as to when he left the prayer hall; and was it with the Karas or was it a few minutes later as he told the police? Did he see Mrs. Kara stop and speak to Mr. Jiwa, as he testified on one occasion, or was he unable to

10.

see if she did that as he testified on another? I find he exaggerated when he told the police that Mr. Jiwa threw the plate viciously, targeting the victim’s face. I find that comment was made to the police to put Mr. Jiwa in the worst possible light. He did not see who was hit, he did not see what preceded Mr. Jiwa throwing the plate, and it is clear on the evidence that Mr. Kamadia harboured a dislike for Mr. Jiwa, originating many years ago. His dislike for Mr. Jiwa is important to consider in this matter as I find it coloured his perception and objectivity in his evidence. He was not a victim and yet he injected himself as a quasi victim in a dispute that was not even his. I base this on comments to the police that he would not want Mr. Jiwa as a friend. Further he told the police, “No one wants to sit down beside him and look at his face, he is repulsive.” I find he did make those comments.

20

Mr. Kamadia also testified Mr. Jiwa threatened to assault him, evidence I reject. I find those comments are reflective of his personal views vis-a-vis Mr. Jiwa and, as such, his evidence must be viewed with extreme caution. I find his evidence with regard to the actual subject matter, that is the assault with a weapon, is anything but objective and cannot be relied on. He did not see who was struck, yet he told the police that Mr. Jiwa deliberately targeted the face of Mr. Kara. Mr. Kamadia was in no

11.
position to honestly make that statement and I so find.
The evidence of Mr. and Mrs. Bardai makes reference to Mr. Jiwa grabbing the collar of Mr. Kara. Neither Mr. Kara nor Mr. Jiwa, the two principals in this matter, make any reference to this in their evidence. In view of this conflict between the Bardais’ evidence and the two principals, I cannot conclude this happened. Mr. Bardai testified he had to calm Mr. Kara, his wife’s uncle. He reluctantly agreed that Mr. Kara was the aggressor, although he did not see how the argument started. His wife testified she saw Mr. Kara throw a punch at Mr. Jiwa. Mr. Bardai did not, but they both saw Mr. Jiwa throw the plate or the bag containing the plate. Mrs. Bardai did not hear the words exchanged. Even on this evidence from Crown witnesses, I find Mr. Kara was the aggressor and made the first physical contact against Mr. Jiwa prior to being struck by the bag containing the plate. Mrs. Bardai said it was before Mr. Jiwa threw the plate, yet she testified she saw him transfer the bag from his left to his right hand and launch it in an overhand motion. What their collective evidence does reflect in the end is that Mr. Kara was so angry at the onset that he had to be distracted and later, after Mr. Kara punched at Mr. Jiwa, and that of course Mr. Jiwa did throw the bag at Mr. Kara. Mrs. Bardai’s evidence which I accept on this point explained,

12.

why Mr. Kara broke his hand as she saw his fist hit the pillar behind Mr. Jiwa, when he threw a punch at Mr. Jiwa.
I find Mrs. Kara’s evidence confirms her husband was hit by a plate, but only after the fact as she was not sure what Mr. Jiwa did. I find she did stop briefly to speak to Mr. Jiwa as she passed him leaving the prayer hall. While the Crown submits her evidence was for the most part consistent, I cannot be certain from where her memory was derived. She did not give a statement to the police until some 15 months after the event, in fact, only a day or two before she testified. She also agreed that she discussed the matter in detail with her husband in the 15 months that passed between the event and her testimony. I find her evidence is of little assistance overall as her memory may well have been reconstructed from detailed discussions with her husband, a principal in this matter. This is not a criticism of her, as it would be natural to discuss the situation, but I find the fact that no statement was taken from her until during the trial and her discussions with her husband in the intervening 15 months is problematic in giving her evidence the weight or importance the Crown asks me to give it. It is of negligible weight.

30

13.

his credibility is made using the test in R. v. W.D. I find on his evidence that Mr. Jiwa was
at the mosque for a proper purpose. Mr. Kara and Mr. Jiwa did not know each other prior to this evening. Mr. Kamadia was known to Mr. Jiwa and I find he had animus directed at Mr. Jiwa, evidenced amongst other things on Mr. Kamadia’s comment to the police that Mr. Jiwa was waging a battle against the entire Islamic community. I find on the evidence Mr. Jiwa was a controversial figure and received much notoriety in that particular religious community as a result of his defence of a law suit, referred to above.
Without going through each aspect of Mr. Jiwa’s evidence, I accept his reason for being at the mosque, that being to offer condolences to a bereaved friend and to pray. I find on his evidence, and the evidence of others, that he was accosted by Mr. Kara who, without authority, challenged Mr. Jiwa’s right to be at the mosque. I find on his evidence and the evidence of Mr. Kamadia and Mr. Bardai, extreme unpleasantries were exchanged with Mr. Kara being the aggressor. Given the tenor of Mr. Kara’s aggression, I accept Mr. Jiwa’s evidence that Mr. Kara uttered a threat to break his teeth, a threat Mr. Jiwa did not take seriously at the time. It is consistent with Mr. Kara’s tirade. Mr. Kara’s aggression was to such an extent that Mr. Kamadia and Mr. Bardai had to pacify and

14.
distract Mr. Kara while he was at or near the prayer line Mr. Jiwa was in. I accept the evidence of Mr. Jiwa that he left the prayer hall, purchased food that was placed in a bag, and went to stand in an ante room outside the prayer hall. I accept his evidence he stood and spoke to Mr. Ibriham in the foyer area for a period of time. I do not find, on anyone’s evidence, he was waiting for Mr. Kara to come through the area where he was standing to further the argument with Mr. Kara. As per the evidence of Mr. Kamadia, the fact he thought Mr. Jiwa was waiting for Mr. Kara was pure speculation and I find that information, which was communicated to Mr. Kara, caused Mr. Kara to be concerned. I accept and find that Mr. Jiwa properly exercised his right to be in the mosque and, as well on the evidence, he was behaving in a proper fashion. I find a further difficulty developed while he was standing near the archway outside the prayer hall after Mrs. Kara briefly exchanged a greeting with him and Mr. Kara moved a few steps beyond. I accept Mr. Jiwa’s evidence that Mr. Kara went past him a few feet, he came back towards him and said something. It is consistent with Mr. Jiwa’s behaviour at this point and I accept his evidence that he conveyed to Mr. Kara the thought that he did not want any problems. I find the evidence that Mr. Kara struck Mr. Jiwa from two to five times an estimate and does not bear negatively on the credibility of Mr. Jiwa. The evidence is it

15.
. happened so fast. I accept the evidence Mr. Jiwa was not injured as a result of Mr. Kara punching him.
To recap, I find that Mr. Kara, thinking Mr. Jiwa was going to strike him, moved towards Mr. Jiwa and struck him first. I find Mr. Kara’s hand was injured as he hit his hand on the pillar near where Mr. Jiwa was standing. In response to this action by Mr. Kara, I accept the explanation of Mr. Jiwa that he instinctively raised his hand, which was holding the plate of food and threw it at Mr. Kara who had, in effect, attacked him. Mr. Jiwa said it was self-defence, it was a reflex action, it was instinctive. The descriptions of Mr. Jiwa’s actions by the witnesses collectively and accurately in general terms illustrate a motion of throwing, which is not in dispute. I accept Mr. Jiwa’s actions were instinctive and designed to ward off the advance by Mr. Kara. In assessing credibility on this point, I ask: who initiated this, how much time was involved in this particular aspect of the matter, how much time should be considered for Mr. Jiwa to consider his own response, was he frightened, and did he realize he had the bag containing the plate in his hand? The quick and simple answers are: I do not find Mr. Jiwa made any approach towards Mr. Kara before Mr. Kara approached him, I find it was Mr. Kara who initiated this last confrontation, as he did the confrontations that

16.

preceded it, I find on the evidence of several people the passage of time was but for a few seconds for these events to unfold, and I find in the circumstances there is nothing to refute the fact that Mr. Jiwa was frightened.

5

Further I find nothing to diminish Mr. Jiwa’s credibility, when he spoke to the police, about complaining about the actions of Mr. Kara and not giving them a statement per se about his own participation. He knew his rights, vis-a-vis not having to give a statement, and he also felt he had a legitimate complaint about being attacked by Mr. Kara. No adverse inference about his credibility will be drawn on that issue. It may be that Mr. Jiwa was inaccurate as to how many times Mr. Kara struck him, but I find it is significant that Mr. Kara did strike him first. I find Mr. Jiwa’s evidence that he struck back or threw the bag in self defence, or in a reflexive action or instinctively not inconsistent one with the other. I find he did strike back with the hand that held the plate of food and the plate, it did strike Mr. Kara in the head, causing him to be cut. It is clear Mr. Jiwa did not go to the mosque looking for any kind of confrontation.

17.
R. v. JIWA Ð REASONS FOR JUDGMENT Ð GOREWICH, J. necessary to defend against the original assault. I am not thusly satisfied. The first area to address is the scenario. Mr. Jiwa was clearly placed in an untenable position by the verbal onslaught, instigated by Mr. Kara, followed by being approached by Mr. Kara who was of the view that Mr. Jiwa was going to hit him. Thinking that was going to happen, Mr. Kara took a pre-emptive action and struck Mr. Jiwa one or more times. Mr. Jiwa responded by swinging the bag he was holding, which contained a plate of food and, in the process, caused the plate of food to be hurled at Mr. Kara, and as I have noted, the plate striking Mr. Kara on the forehead.

15

Firstly, in dealing with credibility I accept the evidence of Mr. Jiwa. Engaging a test of R. v. W.D., his evidence is credible in my view for the reasons expressed amply above. This does not end the matter, as the issue of excessive force is also a key issue before the court. The Court of Appeal, in R. v. Antley, [1963] O.J. No. 853, captures the essence of the issue before me. At paragraph 10 of that decision, Roach J.A., after expressing his views that he believed the appellant, said:
“A person who is set upon by another need not be reduced to a state of frenzy in resisting the attack before self defence is available to him as a defence to a charge of assault. He may have had a real and justifiable fear of the

18.
impending danger without losing his self control and in that state of mind in using force to resist force so long as it is not in excess of what is necessary in these circumstances.”
In the Antley case, as in the case at bar, the evidence around the assault proper occurred fast and suddenly. I specifically find that Mr. Jiwa was placed in that situation by Mr. Kara and, in the words of Roach J.A., “In the agony of the situation in which he,” and I insert the words or the name, Mr. Jiwa, “was placed by the attitude and conduct of the complainant.”

Roach J.A. in his judgment also refers to the 1928 Alberta Supreme Court decision in R. v. Ogal, 50 C.C.C. 71 at pages 73 and 74, where Hyndman J.A. stated:
“It was of course not possible to measure with nicety just the amount of force necessary to protect himself under all the attendant circumstances.”

This exact principle has been cited and since that time since that defence has been raised. The cases also speak to the issue that it is the force itself and not the consequences of the force used which is justified if the limiting conditions of the statute are met. As noted in paragraphs 23 and 24 of R. v. Kandola, a 1993 British Columbia Court of Appeal decision:
“The force which is justified under Section
34(1), if all conditions for such justification

19.

are met, is force which has been intentionally
applied, in the sense that it results from what
the law recognizes as a volitional act.” The case also gives clarity to the principle
that one cannot weigh the nicety or the amount of the force used to repel an attack, when at paragraph 28 the court notes:

“It would be inconsistent with this principle to expect a person who is under attack of sufficient magnitude to warrant resort to deadly force, even though deadly intent is present, to stop and reflect upon the risk of deadly consequences which might result from taking such defensive action.”

I find Mr. Jiwa was in that position. At the risk of being redundant, he did not initiate the verbal confrontations, he did not initiate the physical altercation with Mr. Kara, and he responded instantly to the advance of Mr. Kara in the fashion he described, instinctively and in self defence, and using sufficient force to repel the attack. As noted in Ogal, noted above, it is not the consequences of the force used.

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Stand up please, Mr. Jiwa. Yes, for the reasons expressed I find you not guilty of the charge. Thank you.

30

Court Gives Summary Judgement in Aga Khan Copyright Case - 2011-01-10

The PDF text of the Judgment and Reasons for Judgment are placed on the Online Book for the Aga Khan Copyright Lawsuit:

PDF's of Judment are in the online book, here

All Comments on the case

Proof of consent - The Judge erred in Aga Khan Copyright Case, says Oxford Professor and IP expert - 2011-01-31

Who Must Show Consent in an Intellectual Property Infringement Case? Is the question asked by Oxford Professor and Intellectual Property Expert David Vaver.

Extract: "..a plaintiff who wants to show infringement of any intellectual property right must say that (1) the defendant is doing something only I am entitled to do, and (2) I have not given him any consent to do that. The plaintiff cannot get away with just saying (1) the defendant is doing something only I am entitled to do, but (2) I am not telling him whether I gave him consent or not: he has to tell me whether I did or not. That is neither good sense nor good law."

Purported "Talika" in JK Tonight - 2011-01-21

A purported Talika is being read out JK's around the world Tonight:

- With reference to Summary Judgment

- With strong language resembling Sachedina's , but not resembling any previous Talika of the Imam.

- With wordings of the January 24, 2010 Letter purportedly by Hazar Imam (Recall that questioned letter where it is said that His signature, which had remained steady for decades had now become very tentative and distorted because of old age and an old healed injury.)

- No comments from the defendants Tajdin or Jiwa yet, except that they said by phone that they are comforted by the loving words of the Imam on October 15th at the discovery, and that do not match the tone or contents of this purported "Talika".

- Knowing the offensive behaviour of SS and MM against the Imam at the Discovery, this "Talika" was expected said one of the defendants to The Heritage. There is no doubt this is a last ditch attempt to cover their mistakes.

- After breaking the sanctity of Hazar Imam's signature, that of the Mehmani ceremony and now openly the sanctity of the "Talika", one may wonder where these people will stop and how important is the real issue behind this litigation to warrant people going to this extent.

Both defendants have promised that in due time they will comment on this litigation.

All comments on the Aga Khan Copyright Lawsuit Case

Dignified Consent Judgment refused to Defendants - Appeal filed! - Aga Khan Copyright Lawsuit -2011-02-08

The Aga Khan Copyright judgment in January was the first Intellectual Property judgment of 2011. Attempts were made by defendants to bring back to the table the ideas put forth by the Imam in October 2010.

Defendants were told categorically by Gray that their input about aligning his drafted Order with what the Aga Khan said on October 15th was not welcome, no discussion would happen, and that they could make any comments to the Judge Himself.

If left unchanged, Gray's draft order paves the path to prolonged additional discoveries and witch-hunts of any person, who, like the Defendant Jiwa, had only given a few copies of the Golden Edition to some family or friends, and it allows SS to continue suing Murids of the Imam in Imam's name for "loss of profits" and "damages", which is obviously against Imam's wish.

As a result,Tajdin and Jiwa both filed Notices of Appeal on Monday February 7, 2011.
Notice of Appeal by Alnaz Jiwa 2011-02-07
Notice of Appeal by Nagib Tajdin 2011-02-07
The 'Plaintiff' filed a Motion for Judgment on Tuesday February 8, 2011.
Motion for Judgment by 'plaintiff' 2011-02-11
 
Defendants File Appeal, 'Plaintiff' Files New Motion for Judgment - What Happened?

What discussions have happened since the Summary judgment proceedings in December or since the Order in January?

Answer: None. In fact, since the beginning of the case, no contact or discussions have happened with any leader outside of the official legal proceedings and occasional formal communication by the Lawyer. Before the Lawsuit, Nagib received forged letters and threats from Sachedina, and Alnaz was never contacted by anyone.

What steps have defendants taken since the Judgment?

In recent days, the defendants tried to avoid going to appeal. By his letter to Bryan Gray, Nagib Tajdin urged Gray to come up with a consent judgement in line with Imam's Instructions / guidance of 15th October, Nagib also suggested the terms of this consent judgement in line with these instructions of the Imam. Nagib and Alnaz also offered to participate in a conference call with "decision makers" to settle, once and for all, all legal matters so that the proceedings are not prolonged anymore. Nagib's letter was also copied to Dr Shafique Sachedina and to Dr Azim Lakhani, Chairman of LIF so that they could intervene and mediate a conference call, so that this file is closed once for all.

Why did defendants ask to modify the Order sent to them by Gray?

The "Consent Order" that Bryan Gray asked the defendant to sign is designed to substantially prolong the legal proceedings he asked the defendants to sign that the "plaintiff" would continue suing the defendants for "loss of profits" and "damages" and that they would be allowed to dig into defendants files in order to identify those who had purchased the " Golden Edition" book, probably with the intent to pursue them also.

What Gray's Order is asking is completely opposite and against the spirit and the letter of instructions at the Discovery on 15th October where Imam repeated many times that those who have the book can keep them. He said he remembered very well the Mehmani and the presentation of the first Farman book to him in 1992 and his instructions to continue because these Farman books were needed as he wanted the Farmans to be translated in various languages such as French, Farsi etc. Gray wanted to incorporate in the Consent that there was "Infringement", something completely incoherent with the Imam having recognised that the Farmans had been published by the defendants with his instructions.

What was the response to Defendants' request for a discussion?

Gray's reply to both Nagib and Alnaz was categorical. His "client" was not interested in any "consent agreement" respecting Imam's instructions at the discovery. He was not interested in stopping the proceeding with an "agreed consent judgement" where all parities could get out of this mess in a dignified manner and where Imam's wishes and Farmans and significance of religious ceremonies would be respected.

The defendants tried what was in their power to avoid appeal but their efforts were fruitless. It is regrettable that even the leaders that were cc'd (SS and LIF Chairman) did not intervene for a negotiated settlement that would stop all proceedings. The defendants waited till Feb 7, which was the very last day of the deadline to appeal the judgment.
 
Appeal Contents

The content of the Appeal is based in Law, and points to the errors of Law and of fact in the reasons for Judgment, and asks to reverse the Summary Judgment granted in the Plaintiff's motion for Summary Judgment.

Some relevant Quotes from the appeals:

- By Law, Summary Judgment cannot be granted when there are serious credibility issues.

- There were serious disputes with respect to evidence, determining admissibility of evidence, credibility of witnesses, inferences to be drawn on contested facts, all of which precludes a motions judge from granting summary judgment.

- Weighing evidence is a role reserved to a trial judge who is vested with authority to weigh evidence, make inferences or adverse inferences, and make assessments of credibility after hearing viva voce evidence.

- The Motions Judge was obliged to look at the record for evidence and not go beyond the record.

- The defendants' were not obliged to file all of their evidence they would have presented at trial of the matter at the hearing of the motions, and the motions judge's speculating what might have happened at discoveries, or drawing inferences without facts on the record of the discoveries is an error of law which requires intervention by an appellant court.

- The Motions Judge erred in not drawing an adverse inference when the plaintiff did not provide direct evidence, and further erred when he admitted and relied on hearsay evidence in coming to his conclusions without any evidence of the necessity and reliability of such hearsay to be admitted as evidence. Entirely the whole evidence of the plaintiff was based on hearsay evidence.

- The Motions Judge erred in holding that the onus is on the defendants to prove consent contrary to the holding made by the Federal Court of Appeal

- The Motions Judge erred by failing to consider evidence concerning the defendants giving their Oath of Allegiance to the Aga Khan, who in return promised to Guide his followers. Furthermore, the Ismaili Constitution itself defines the binding relation between the Aga Khan and the Defendants.

- Detrimental reliance: a person who makes an unambiguous representation, by words, or conduct, or by silence, of an existing fact, and causes another party to act to his detriment in reliance on the representation will not be permitted subsequently to act inconsistently with that representation.

- The motions judge erred in analysing the issue of latches when he made findings of fact based on contested facts.

- The Motions Judge erred by deciding a significant question of law involving the interpretation of the Ismaili Constitution, the Farmans, and the 1992 Mehmani ceremony when authorization was given regarding the publication of the Farman books, in the context of summary motion rules.

- The Motions Judge erred in making findings of fact and drawing inferences on contested facts (e.g. paragraphs 12, 14, 15, 17, 18, 19, 20, 23, 24, 41, 42, 43, 44, 46, 52, 54, 56) which is not within the domain of a judge hearing a motion for summary judgment.

- The Motions Judge erred in finding that the experts reports are contradictory. The plaintiff's expert's opinion did not conflict with the defendants' expert's opinion, as stated that he was not retained to consider and he did not consider if the purported signatures were in fact signed by the Aga Khan.

- The Motions Judge erred when he found that Sachedina's evidence was credible. Sachedina's evidence was self serving devoid of specific facts and particulars, and one not capable of being admitted as it is entirely based on hearsay evidence, and in any event, a self serving affidavit without specific facts and particulars cannot create a triable issue.

- The Motions Judge also erred by relying on Bhaloo's affidavit when his evidence was based on double hearsay, and although he was a senior leader for Canada during the relevant period, he did not give evidence that the Aga Khan desired the activities undertaken by the defendants to cease

- The Motions Judge erred in not taking into account evidence that in at least one other court case, employees and officers of the Aga Khan have committed fraud on the Dublin High Court hearing, and in not determining that the defendants' allegations of fraud have a precedent and ought to be taken seriously.

- The conflicting and/or the missing evidence in respect of authorization and/or consent, the interpretation of the Ismaili Constitution, the interpretation of Farmans and the issue of relationship are all complex matters and presented genuine issues for trial.


All Comments on the Copyright Case

C. Comments by visitors of ismaili.net/heritage

Click Here for All Comments on the Copyright Lawsuit Case by visitors of ismaili.net/heritage


The following is a snapshot from 2010/12/29 AM of all the comments on the Lawsuit.

Are Imam's annotations shared ?
On December 28th, 2010 Bloglaw (not verified) says:

Soulmate on vancouverite says on December 27, 2010 - In his letter dated November 1, 1990 addressed to Prothonotary Tabib Alnaz Jiwa had stated that His Highness had told them; “He annotates His Farmans” and that the annotated Farmans could be produced to them if they wanted them. But Nagib Tajdin and Alnaz Jiwa have produced and distributed the Farmans that were not annotated by the Imam. Where did they get that authority to produce and distribute Farmans that were not annotated by the Imam?

BLOGLAW RESPONSE December 28, 2010 -
Annotating means explanatory notes which Imam makes-gives on some Farmans for Leaders to understand and to share with the Jamat. I dont recall any Farman which is read in JK and there is an explanation based on Imam’s annotations. Have you ?

Imam does not edit Farmans which means Imam does not change them after they are delivered. In any event the authenticity or integrity of Farmans in the book have not been challenged in the lawsuit.

* United Kingdom

No succession Planning ?
On December 29th, 2010 Bloglaw (not verified) says:

I have never heard any Farmans being read in JK, for example during GJ, followed by Imam's explanatory notes on that Farman. The London farman was edited. Why would Imam then say again in Singapore that Leaders are not sharing his guidance his with the Jamat.

If Leaders in question are not sharing Imam's guidance, it follows that Jamat and the leadership generally are not aware and are receiving edited (Changed - different) versions of Imam's guidance generally.

Which Top Leaders are responsible. DJI and the ITREB Global HQ.They are both controlled and managed by Dr SS. I am also amazed that M Keshavjee left as global head of ITREB over 6 months ago, and has not been replaced so far. Dr SS (DJI) is effective interim Head of ITREB and also head of DJI. MK was a governor and Professor Arkhoon died. We now have 2 IIS governors who have not been replaced. Dr SS, is also a Governor of IIS and its "effective" Head.

According to Imam's directives and institutional policies, succession planning is a critical priority and has been ongoing for the last 9 plus years. The question is;

1 Dr SS cant find the right person/s to replace and or strengthen capacity or
2 Dr SS does not want to find them, or
3 Dr SS can't find those who will help him blindly to maintain the status quo ?

There are excellent Ismaili professional available, both voluntary and non voluntary.

* United Kingdom

Soulmate's garbage in and out!!!
On December 28th, 2010 Alnaz J (not verified) says:

Soulmate has questioned the authorization of publishing unannotated farmans. Soulmate does NOT have the ability, capacity nor the wisdom required to analyze these things. It is as if he comes across a pregnant woman and questions whether or not she is a virgin. It betrays his gross lack of wisdom, but is it surprising?

The Imam's offer speaks volumes. No doubt about that.

It is like he is giving us annotated farmans (farmans along with his thought process, never before released to anyone, to my knowledge, and the offer is made to us. I am still in disbelief and awed by the offer, of course when I meet him I will ask for these farmans.

He would never make this offer to us IF he considered as his enemies or if he has really himself written the letters, or affirmation, or brought the claim against us.

Although his leaders are accusing us of theft, the imam is responding by offering us keys and security code to his safe.

Offering us the annotated version of the farmans is so huge, but just as a billion muslims who memorize like puppets the whole Quran but cannot 'see' ayats re the present imam.

Similarly soulmates and his chamchas are blind, their inner eyes sealed while we are offered by the Imam his annotated farmans, and soulmate is concerned about authorization of the farmans - a person has graduated as a heart surgeon from Harvard, and soulmate is wondering if that heart surgeon has his high school diploma. Hmmm, the question itself betrays his real worth - garbage in garbage out.

* Canada

Bloglaw has asked this to be
On December 29th, 2010 librarian-umed says:

Bloglaw has asked this to be posted as he has some spam filter issue:

Comment 1
September in Vancouverite says : Bloglaw, Without being entirely certain of how firmans are authorized, once again, It would reckless and unlike MHI to leave it to fallible individuals to put together his Firmans without reviewing them before distribution.

Reply bloglaw :

If you do not know you should feel free to seek information from our Leadership. Maybe you have. When Imam delivers a Farman or a speech to the Jamat or Leaders. There are 2+ recorders attached to the mike system. There is also an independent recording just in case. Then immediately afterwards they are transcribed. With latest technology, during GJ, it is instantaneous. A transcribed copy is handed to Dr SS, Head of ITREB and to MHI (who may or may not annotate or give additional guidance for the Leaders to share with the Jamat). Then usually that day or asap the Farman is read in JK’s .(without the annotations or the related guidance). The Farman is then supposed to be available globally and in all JK’s including in remote locations for Jamat to access and read too (with the annotations)

However If only some excerpts of Farmans or speeches are to be a part of a publication then of course they need to be reviewed for context clarity and messages etc first by IIS. then ITREB and then by MHI. This is what Dr SS may have been referring to when he said IIS are in the process of printing Farmans which has been agreed by MHI in principle.

Comment No 2

Haji in vancouverite says –“Bloglaw, any Imamat publication (Farmans) that has not been approved by H.H. The Aga Khan and officially distributed by the Imamat Institutions, are NOT VALID, ……… who the hell is NT to tell the ismailies world-wide that his (illegal) published books are truly authentic. He can take his (illegal) books to his grave, but spare us ismailies, …. by pretending that you are looking after the originality of the Ismaili Faith. We DON’T NEED YOU OR YOUR GROUP. We have Hazar Imam to take care of it. Can you not get this message through your head!!! Or are you truly a dummkopf”

Reply by bloglaw

Imam (who you confirm is the real Plaintiff), says all Farmans are available in all JK’s including in remote locations (with his annotations ?). However the truth is they are still not available ? The Leader who should make them available is DR SS as head of DJI (and now also ITREB)

Therefore, In your opinion and to be fair does ” WE DONT NEED YOU OR YOUR GROUP”" apply to DR SS too? J.

NT, Imam and DR SS are all effectively agreeing Farmans in the book are authentic because they are not challenging their authenticity or integrity in this lawsuit !

Also Haji, with respect, Farmans are valid immediately as they are Delivered by MHI. They are not Valid after they are edited by Leaders, or when published - read in JK. Imam in most Farmans says we must take with us Imam’s blessings and messages to our Families and to our Jamats. So should we wait for (edited) Farmans before we give Mubaraki and we share Imam’s Farman with love and happiness Of course we don’t and should not wait..

@Alnaz J
On December 28th, 2010 Another Ordinary Murid (not verified) says:

Excellent Reply.

Annotate means ....
On December 29th, 2010 Bloglaw (not verified) says:

Soulmate says : Bloglaw: I knew well in advance that you will land in quicksand and there will be no escape for you. The Imam Himself says that He annotates His Farmans but you go off on a tangent saying that is not so. The Imam spells it out in the court documents that He edits His Farmans and His edited Farmans superced the Oral Farmans but you say that He does not edit His Farmans. So what you are really saying is that the Imam is wrong and you are right; correct? Sorry, I can not ask you to take a hike because you have landed in quick sand; so stay there!

Reply by bloglaw

Hello ! – Please read the meaning and what Imam means when Imam personally said on 15 Oct that Imam “annotates”, (which is totally different to the meaning of “Edits”)

ANNOTATE – verb Definition: WRITE EXPLANATORY NOTES – EXPLANATION – MAKE A STATEMENT OF OPINION

EDIT – verb REWRITE, CHANGE, REFINE CENSOR, ABRIDGE

Soulmate - I am afraid you have proved beyond any reasonable doubt that Alnaz J is right.

* United Kingdom

SEEK KNOWLEDGE IS AN ACT OF FAITH
On December 27th, 2010 Bloglaw (not verified) says:

In the last 5 years MHI has specifically said the following : That our Tariqah is firstly that of peace and secondly of wisdom & knowledge. We must seek and not reject knowledge or wisdom. They are a part of our daily lives. We must seek knowledge for good purposes and use it for benefit of all. We must share knowledge amongst ourselves. Quran says we must seek knowledge to also better understand creation. A Hadith which says seek knowledge even if it is in China (i.e. Far or difficult to access)

mhi SAYS We must seek to better serve people. searching for knowledge in our Tariqah is a reflection of our faith. If you seek knowledge and use it properly, it is an act of faith (MHI has reassured us). we are all seeking and sharing knowledge and in doing so we are following Imam's guidance.Imam says knowledge was different 50 yeas ago and has expanded and is expanding quickly and enormously. Imam says we also need to know how to use and manage knowledge. Imam has also said that Our institutions and Leaders are there to serve the Jamat and to help us to know and to understand. Imam also said in 2008, we must indulge (seek share and discuss) in knowledge and use it for good purposes. (2005 and 2008).

Your Mukhi Saheb and ITREB will and should be very happy to share these Farmans with any murid who is interested, and tto help them understand and know what they know not.

So there is every reason to for us all to seek and share knowledge and wisdom. (Not seeking knowledge is rejecting knowledge and wisdom)

* United Kingdom

"Better judgment will remove smallness and inequitable complex"
On December 28th, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, BLOGLAW! You have mentioned my name somewhere on your blog but I do not see any blog directly addressed to me! However, we cannot look for what is not meant to be seeking out! All contributors are independent and will stress their independence to express their thoughts. Thus, the rationality can only sustain the right from wrong! As far as the Ismaili Muslims Institution is concerned, I assume their autonomy is dependent on the Ismaili Muslims Tariquah. Consequently, the Ismaili Muslims are peaceful and humanitarian. Regarding “knowledge and wisdom,” it grows with experience. This is the raison d’être for us to motivate ourselves voluntarily. These honorary services can take us to the remote part of the world to understand how the humanity have survived where modern technology and modern means of survival are not available! So when our religious conviction is sincerely applied; it will help us to better ourselves to share the joy of our know-how and experience! I do not imagine, anybody would, willingly deny somebody the benefits of knowledge and wisdom. By delegating sincerely your know-how and experience, the burden of any undertaking is shared with better judgment, thus removing smallness and inequitable complex! Allah Hafez, Nizar Ali K. Shivji!

@ Shivji
On December 29th, 2010 Bloglaw (not verified) says:

Reason you did not see my comment is Editor of Vancouverite did not post it. He does not post all which is understandable.

For example he also said he has spoken to me. I responded and said that we have never spoken..We had agreed in an email exchange that we should speak and discuss some 6 months ago but did not.. Maybe you are mistaking me with another conversation

* United Kingdom

SEEK THAT WHICH YOU KNOW NOT
On December 27th, 2010 Bloglaw (not verified) says:

@Seeker – I agree 100% we should pray and we must also also pray for hakikati Samaj (understanding - wisdom). The Quran and Hazar Imam guides and teaches us to seek knowledge of that which we know not.

In so doing, Hazar Imam has blessed us with Farmans, Institutions, a constitution and specific directions. Therefore when you are concerned and uncertain (as you are). And if you wish to understand and know the truth, then you should seek information or clarity of that which you know not.

Firstly by reading the documents available. Then seek to learn from your Mukhi Saheban’s, ITREB and or the National Council. In your case I feel it may help you to read the directives I have summarized in an earlier post and the Farman I quoted in my open letter to Dr Sachedina (posted earlier. Please feel free and comfortable in quoting them if you need to and clarify them too.

In sincerely seeking information we are not questioning MHI or the leaders. We are in fact following Imam's guidance. Also when you speak to them, you will be also assured that you have the right which Imam has granted to write and submit your Mehmani (Arji) to Hazar Imam. A relevant verse in the Quran is stated below for you to consider too (All 3 translations)

Quran
2:151 (Asad) Even as We have sent unto you an apostle from among yourselves to convey unto you Our messages, and to cause you to grow in purity, and to impart unto you revelation and wisdom, and to teach you that which you knew not
2:151 (Y. Ali) A similar (favour have ye already received) in that We have sent among you an Messenger of your own, rehearsing to you Our Signs, and sanctifying you, and instructing you in Scripture and Wisdom, and in new knowledge.
2:151 (Picktall) Even as We have sent unto you a messenger from among you, who reciteth unto you Our revelations and causeth you to grow, and teacheth you the Scripture and wisdom, and teacheth you that which ye knew not.'

Finally I pray that you will have success in your search both materially and spiritually Ameen.

* United Kingdom

@Bloglaw
On December 27th, 2010 Yasmin (not verified) says:

Ya Ali Madad Bloglaw. I fully agree with your para. 4, but our Jamat has been brainwashed from the beginning that we are not to question, and I think that the new generation will not accept this. I remember when I was discussing this lawsuit with my relatives, one of them opposed, saying that we should not discuss anything about Hazar Imam. That is the mentality of lot of our Jamati members, I suppose our missionaries have put in the minds of the Jamat that it is "paap" to question. Thank you.

* Canada

It is up to all of us
On December 27th, 2010 Bloglaw (not verified) says:

It is up to all of us parents, BUI teachers, leaders, al waezeens, Mukhis friends brothers and sisters to help in ensuring that all of us feel comfortable in seeking information knowing that we will be welcomed and we will receive the information and knowledge we are seeking and that we know not.

This forum and lawsuit has been a start. Any Murid who cannot get information and answers they are seeking, will I hope feel comfortable using this forum, and they can be assured that we will help our brothers and sisters.

Yasmin you are right about the present culture which I hope will change sooner rather than later, and there will be an "effective" institutional forum

With Ya Ali Madad

* United Kingdom

Change!!
On December 27th, 2010 Alnaz (not verified) says:

MHI in 1986 during USA visit said that many changes, changes more than we could imagine will come to the organization of our jamat, and then said, the jamats thinking proceeds must change. MHI then in Gilgit 1987 march explained the changed thinking process we must go through.

Our jamats and leaders have still not got what MHI wanted us to achieve after expressing it about 23 years ago.

Pity isn't it?

* Canada

I think there has been
On December 28th, 2010 Bloglaw (not verified) says:

I think there has been change in the last 23 years in the demographic and material dynamics of the Jamat which has moved and is organically growing in numbers, by half a million to 1 million a year

if we take the 15 million figure which over the last 10 years is the same figure we hear and in our official websites and communication. if we take 15 million and average family of even 5 , and say 2 children per family added and taking away children under 25, we are looking at an organic addition of well over half a million a year. That is excluding Tajikistan and Afghanistan Jamat numbers in the last 10 years. These numbers and growth is bigger than many countries.

I agree this lawsuit has highlighted serious gaps of the ground realities, which need to be addressed. We must take comfort in that and knowing Imam knows and knows best. Therefore we can also look forward to change for the better which will take time and we must be patient and supportive.

* United Kingdom

More ? OR More of the same !
On December 28th, 2010 Bloglaw (not verified) says:

I did not think of the numbers. before today. Thank you Alibhai and Yasmin whose comment made me reflect on this.

Imagine we therefore will have today over 6 million children in BUI globally and over half a milllion added annually. Wow !. (Assuming access is 90%+)

What a challenge ! Imam has recently signed global agreements with Baclaureate and given the top priority Imam to BUI and education over the last 20 years.

There have been reports and strategies for BUI with a projection of outcomes annually over the last decade. They key for successfully implementation is an effective bridge between BUI and the secular (Din and Dunya) and of embracing a plural culture where we encourage critical enquiry and educate into and not away from creativity. (Excellent 15 minute video of what I mean which you will enjoy http://www.ted.com/talks/ken_robinson_says_schools_kill_creativity.html - for those more interested also see the lastest from him in May 2010)

Without a tranformative change this cannot be successfully implemented. The ITREB global secretariat has been without an effective full time replacement of the global head of ITREB, for some 6 months so far. I assume Dr SS is overseeing this transition, as they report to him..There must be a good reason for the delay as Imam's directives are clear on succession planning and pre-emption.

If there is no or little peripheral evolutionary or organic change, then in 10 years time we will have more of the same and a continuation of the widening gap.The key is the successful implementation of Imam's Farmans, directions and vision for the Jamat.

* United Kingdom

Supporting the Truth
On December 25th, 2010 Kasamali (not verified) says:

Is it not inappropriate not to support a person or persons or a group who is on the side of the truth and who have been wronged by others? The above question I posed to my friend who few days back asked me as to why I am supporting the defendants. My considered opinion is that by supporting them even with kind words help them a lot to remain steadfast on high moral ground and the right steps they have taken.

In reality, this way we are not supporting person or persons but the truth, the truth which we firmly believe is on their side. It is the duty, therefore, of every person to extend such support if he has the ability to do so. Participation and discussion in a civilized manner do provide synergic positive effect, provided such discussions remain issue based rather than persons specific. When many persons participate on an issue from different angles and different perspectives with positive attitude, the outcome at the end is bound to be more natural and more stable, and hence, it will have a long lasting positive impact. On the other hand, restricting and impending meaningful discussions is bound to generate suspicions, mistrust and confusion. The end result: more complications and more chaos.

Each intelligent murid must take a stance
On December 26th, 2010 Alibhai Jiwani USA (not verified) says:

I agree. It is important to take a stand in matters of truth and untruth.
Also it is not good to sway here and there and drum on two sides and pretending one is a diplomat and try to keep one feet here and second in another , lest 1 drowns he is safe? Excerpts of ISMS 's firman supports this: Kalame Imame mubin part 1 page 83, firman#32( Ismailia association for India Publication) Jangbar 4th july 1899:
"Make sure you protect your faith like a precious jewel. If you do not there is a very good chance someone can steal it from you. If you have unsecured faith , any one will move it away and you will be the loser .

Also in this faith(Din) you must have one color only. Do not sway here and there. A two color person (double faced hypocrite) will go here and there.If a person does not believe in what we do but believes in the other is better than someone with two colors i.e. a 2 faced hypocrite. You must not be on both sides. Stick to one that is truth which is our Din."

* United States

@Alibhai Jiwani
On December 26th, 2010 Bloglaw (not verified) says:

AND - If anyone is uncertain or confused, then they should be be honest to themselves and seek more information by reading and asking on this forum or from Dr SS, MM or their national leaders.

* United Kingdom

@Kasamali (Dec. 25th)
On December 25th, 2010 Abdullah (Canada) (not verified) says:

786
Indeed. Not to support the truth, brother Kasamali, is equivalent to support wrong/evil/untruth: in this matter, there cannot be a neutral position, it cannot be gray instead of black or white. In this matter (= the lawsuit), those who are not on the side of truth, are simply unaware (or do not want to know or believe) that no Imam would ever go against the bayyat He has accepted from a mureed and thus no Imam would sue a mureed. It is because this very simple, yet so fundamental, tenet of the faith is not taken into consideration that the jamat seems divided...
Ya Aly madad.

* Canada

We can't decide what He can and Cannot do
On December 26th, 2010 Seeker (not verified) says:

I feel that I am sitting on the fence in this regard not because I have any less faith.

On one hand, as a mureed, I believe that we cannot and should not decide what Mowla can or cannot do. Who are we to bind the Aql-e-qul with our imperfect aql/wisdom? I believe MHI can do whatever he wishes and it up to us to reconcile our faith to his actions, not the other way around.

On the other hand, given MHI's recent wish to build strong institutions and leadership, I find myself duty bound to respect his institutions and leaders. The individuals may be imperfect or have flaws but the fact that my mowla has appointed them, I should say Ameen. And until MHI (not us) decides otherwise, I feel I should respect his trust in the individuals he has appointed.

Any side I take, I will be disappointing him one way or the other. Although this appears to be a conundrum but more I think about it I am compelled that the best thing for me to do is to keep silent and pray for his mercy on all of us.

* Canada

Reminds me also of MSMS and
On December 27th, 2010 Bloglaw (not verified) says:

Reminds me also of MSMS and his memoirs. MSMS said that we must seek to manage and guide change to suit our desires. We must then desire the outcome rather than try then to suit the outcome to our desires in seeking to manage and guide that change/event. (pre 1967)

In managing and guiding change, we need to seek knowledge and understand. In order to seek knowledge and understanding we need to "indulge""\ in knowledge (MHI 2008).

* United Kingdom

@Seeker
On December 26th, 2010 Alibhai Jiwani USA (not verified) says:

If one really cares , one must seek the "Knowledge". That is study the entire case with open mind and then use your own intellect to decide what do you believe. If still undecided seek in your "prayers" right direction . You will find the answer since you sound like a sincere believer in search of truth.
Mawla will guide you.

* United States

Spreading Facts or Fiction
On December 25th, 2010 Bloglaw (not verified) says:

Nightmare in Vancouverite says “…. Alnaz Jiwa failed to confess that Nagib Tajdin has invented some excerpts of Farmans in the Infringement Material. Alnaz Jiwa’s ilm-net (nicknamed as satan’s net) had produced proof in this regards. … Bloglaw do you want a copy of this transcript ? …… Alnaz Jiwa had stated that “Mr. Manji [President of Council for Canada] insisted that the web sites cause a lot of problems and confusion in the Jamats, His Highness responded to him saying, “it would be nice if we spoke with one voice, why cannot you work together?”. Factual evidence points to the contrary: …. Notwithstanding the lies of Alnaz Jiwa, every murid of the Imam-of-the-Time, should forever stop visiting Nagib Tajdin’s website.

Bloglaw reply - If you have a copy of what Alnaz has stated personally, I would be certainly be interested in reading it, and so would many others. The fact is Alnaz was not and has not been contacted by the Leaders nor was that letter from MHI addressed to him.

I would also be interested in the factual evidence you say you have of what Imam said on 15th October 2010 you say - "His Highness responded to him saying it would be nice if we spoke with one voice, why cannot you work together?”. Factual evidence points to the contrary.." I would also be interested in the factual evidence you say you have that Nagib you say "has invented some excerpts of Farmans in the Infringement Material" the contrary.."

On 15th Oct 2010, Imam did not ask Nagib to stop his website. There has never been any LIF announcement regarding that website. So why should Ismaili's not continue to visit a website which has a wonderful wealth of resources available free of cost. Dr SS & MM would obviously like to stop that website.

Even if a website is publishing something against Ismailies, why should we not visit that website to learn and understand.Imam and IIS encourages us to seek share and learn so that we can lead and to do so we must understand and respect and be tolerent of all points of views. I suggest you read Imam’s speech on 15 October and visit the website of the Pluralism Centre and read the objectives and goals.

* United Kingdom

Vancouverite misleading as usual.
On December 25th, 2010 Nagib (not verified) says:

I can see that Vancouverite is having Nightmare about Imam accepting that every lucky person that has the Golden Edition Farmans keeps it :-)

Bloglaw has quoted Vancouverite saying "Alnaz Jiwa failed to confess that Nagib Tajdin has invented some excerpts of Farmans in the Infringement Material."

Well the answer is simple, The Imam having accepted that everyone can keep the book of Farman, who are these people questioning his Wisdom and saying there is invented content in the Farman Book accepted by the Imam Himself?

Can they not understand that by criticizing the Farmans, they have themselves alienated their own right [if they had any] to access the Farmans?

Nagib

Confess??
On December 26th, 2010 Alnaz (not verified) says:

Bloglaw has quoted Vancouverite saying "Alnaz Jiwa failed to confess that Nagib Tajdin has invented some excerpts of Farmans in the Infringement Material."

What does the above quote say or imply? Whoever wrote it needs to explain what is meant by the above quote. AssumIng that he is suggesting that Farmans in the book being distributed are not authentic, all I can say that neither the Statement of Claim, nor the evidence filed nor in the cross examinations conducted is there any suggestion of any Farman wrongfully transcribed or invented, and SS or MM or the Institutions could and would have given evidence that invented Farmans have been published.

In the court the only argument was whether there was consent to publish, not whether any farmans were false or invented farmans. Invented farmans would automatically be considered wrong and damages ordered and injunction issued.

* Canada

Actually few years back SS
On December 26th, 2010 librarian-umed says:

As received from nagib:

Actually few years back SS told me they had checked all the books [The last one was not yet published], he was referring to the first 3 books of KIZ series and he said they found them to be "accurate to the dot".

Nagib

A good professional in
On December 25th, 2010 Amir (not verified) says:

A good professional in reading comments here and in vancouverite websites will come to the conclusion and recommend change of mindset and management of the change.

I would add that this holistic change will come not from come from progressive evolution alone, but a transformative revolution. As Late professor Arkhoon (Governor of IIS) used to say we will need to deconstruct and reconstruct our thinking completely. He was referring to the study of Quran.

We have excellent creative professional Resourses who have offered a TKN Nazrana under the GJ initiatives.

As some commentators have rightly said change will take time. Managed and measurable implementation of change with a holistic approach and strategies, will require a minimum of 5 years if fully supported institutionally.

The challenge as is normal in many FP and NFP conglomerates is acknowledgment and acceptance by firstly the need, and secondly the need for a new TKN resourced change team which is then empowered, creative, and professional. The team and goals also needs to be holistic, inclusive, global and action centric for expected outcomes.

* United Kingdom

I agree and to acheive
On December 26th, 2010 Bloglaw (not verified) says:

I agree and to achieve expected outcomes sooner rather than later, I would suggest that such a cross functional team should report direct to LIF( as a body) for them to deliberate and present their views to MHI for guidance,.with recommendations for Implementation.Let us hope some of the current members of LIF may be considering this for their next meeting, if they have not already done so.

* United Kingdom

@Nagib re: above post of Dec. 25th
On December 25th, 2010 Kanize (Canada) (not verified) says:

786
Touché, Nagib !! :-) I love the pun "...is having Nightmare..." Thanks for the humour!

Ya Aly madad.

* Canada

Reasons why ?
On December 23rd, 2010 Bloglaw (not verified) says:

Since 15th October upto date I wonder if Mr Gray or Dr SS and MM, have explained or discussed with Alnaz or Nagib the reasons why an admission of copyright infringement is legally necessary and particularly why it will give more legal protection to MHI against any furture infringements by anyone ?

* United Kingdom

Pensées pour Nagib, Alnaz
On December 24th, 2010 nato mohez (not verified) says:

Chers frères Nagib et Alnaz, Ya ali Madat,

Nous arrivons à la fin de l’année 2010 et malgré les Directives très précises et inspirées de Mowlana Hazar Imam lors de l’entretien du 15 octobre et Ses remarques durant Son discours sur le Pluralisme, nos leaders n’ont pas saisi la portée de ces Hidayaths et continuent à désespérer un grand nombre de frères et ismailis à travers le monde. Et ceci est très grave et nous rend très tristes.

En ce qui me concerne, je suis plus que convaincu, cette forme d’intime conviction, que Mowlana Hazar Imam n’a pas initié, n’a pas souhaité ce « lawsuit » contre vous ! Je ne vous connais pas, je ne vous ai jamais rencontré mais j’ai une profonde gratitude, admiration et estime pour le travail de diffusion des Farmans que vous avez réalisé pour vos frères et sœurs ismailis. C’est une œuvre remarquable, très louable et une marque absolue de votre attachement indéfectible à l’Autorité Spirituelle de Mowlana Hazar Imam. Vous êtes Ses murids et Sa Grâce et Sa Miséricorde vous accompagnent ! Quelque soit l’issue de ce regrettable « lawsuit », vous aurez toujours ma reconnaissance !

Quand j’ai voulu approfondir notre Tariqah, me lancer dans cette quête spirituelle que Mowla Bapa prône de tous Ses vœux pour Ses murids, le document de couverture bleu avec les Farmans du Bhaitoul-Khyal que vous aveiz préparé m’a beaucoup servi. Je me suis plongé à la compréhension détaillée des Farmans de Mowla Bapa. Et quelque part, je vous dois ma formation, ma compréhension de cette quête via l’Ibaddat.

Aussi, lors de l’anniversaire de Mowla Bapa le 13 décembre dernier, je me trouvais à Cotonou (Bénin) et l’hôtel où je me trouvais, devant l’immensité de l’océan, j’ai bien sûr eu des pensées pour Mowla Bapa, pour tous les frères et sœurs ismailis et pour vous deux aussi qui traversaient depuis des mois des épreuves difficiles. Permettez-moi de vous soumettre et de vous offrir ainsi qu’à tous les internautes de ce site ce que j’ai rédigé ce jour la.
Avec mes affectueuses pensées fraternelles et passez de bonnes fêtes de fin d’année !

Un songe, un rêve
Ou une réalité subtile !

J’ai conscience que mon âme détient un secret, caché dans mon jardin fleuri. Et je sais depuis cette union par le Bhayat que le code d’accès est la voie de l’Ibaddat. C’est un chemin, une quête personnelle qui s’ouvre vers un champ de liberté, avec la certitude d’atteindre un havre de paix, de sérénité et de bonheur. C’est un acte réfléchi, libre, en en parfait accord avec mon esprit, mon cœur et mon intellect. Un voyage vers une rencontre lumineuse et harmonieuse!
L’Ibaddat est une approche très sérieuse, la plus aboutie de notre Tariqah. C’est une quête personnelle, intime, un cheminement qui donne un sens à nos rêves et au-delà des attentes c’est un voyage où une Rencontre est possible ! Ilest possible de sentir un bras posé sur notre épaule, un visage ou un regard posé sur nous, nous pouvons établir un dialogue, approfondir les échanges et forger de solides convictions sur les dimensions spirituelles du Din et du Dounia.
On avance sur une route lumineuse et cette quête nous offre cette rencontre avec nous même, avec ce que nous aimons, nos faiblesses, nos espoirs, nos prières, nos doutes, nos soucis, nos craintes….avec le secret de notre âme ! Un champ fertile et libre ! L’inquiétude se libère et se perd dans ce lieu sans bord ! On a la place, l’univers sans fin pour soi ! Mais une lumineuse Unlimited vision !

Mais ce chemin est certes difficile, une Grâce du Tout Puissant, fait de patience, d’humilité, de modestie. Et même si les doutes reviennent, se font entendre, les pressions de la vie courante nous submergent, brouillent les messages fondamentaux …..il nous faut tenir la barre, rester sur ce chemin du Siratal-mustaquim, …..Il est là avec nous, nous accompagne, nous prépare des bagages plus légers, nous aider dans nos envols… et finit toujours à nous livrer aux lumières du jour ce que nous ne savons pas dire, nos craintes et nos faiblesses ! Les portes s’ouvrent d’elle mêmes, un parchemin est proposé, quelques cartes sont soulevées….des morceaux manquants à notre intellect sont retrouvés….. »Je suis toujours avec vous » !
Et tous les rendez vous durant cette heure de l’Ibaddat ont le même sens…La route est longue, pas facile mais devient de plus en plus désirable car notre quête est insatiable !

Ces moments de Concentration, un temps où l’esprit s’évapore, une sorte de musique, des vibrations, des éclairs de lumière… des mots, des conversations, des murmures que l’on ne maîtrise plus, ces lignes d’errance, d’abandon, où on se laisse aller. Un passeur nous a aidé à prendre l’envol ! »Aucun désert, aucun océan, aucune montagne n’arrivera à séparer l’Imam de Ses Murids » !

Partons, soyons réguliers, restons derrière la voilure ! Mowla nous épaulera et nous aidera à accéder à des découvertes « à peine pensables », l’impensable à nos yeux, l’inexplicable, des secrets, les clés de la sagesse, de la tolérance, de la compassion…l’Amour ! Accéder à ce qu’il ya de plus vrai en nous !
Ce n’est pas une idée,
Ce n’est pas une émotion,
Ce n’est pas un vertige,
Ce n’est pas une utopie,
Ce n’est pas un Effroi,
C’est une réalité,
C’est une rencontre,
C’est un chant d’amour,
Une victoire sur l’inquiétude,
C’est une vision,
C’est une recherche de l’équilibre,
C’est ce qu’il ya de plus vrai en nous !
Mohez nato

* France

@Mohez Nato (re: above post, Dec. 24)
On December 25th, 2010 Kanize (Canada) (not verified) says:

786
Comme vous avez adressé les réflexions ci-dessus aux internautes aussi, je me permets d'y réagir : vous êtes poète aussi, Mohez ! Puissiez-vous continuer à progresser sur la voie sur laquelle vous cheminez avec Lui à vos côtés. Ameen. J'espère que votre séjour à Cotonou aura donné les résultats escomptés. J'ai été surprise l'autre jour de lire qu'il était interdit de mendier au Bénin...

A propos, avant que je n'oublie de vous le dire! Votre lettre du 19 novembre avait été expédiée au LIF et au Conseil de France.

Je me joins à vous pour renouveler mes remerciements bien sincères et chaleureuses à Nagib et à son équipe pour la publication des livres de Farman (si vous n'avez pas celui qui est au centre du procès, j'espère de tout coeur qu'il vous sera donné un jour de le posséder et de le parcourir : il contient des trésors !!! Sa lecture me procure toujours un bonheur indicible.) : on leur doit une dette qui ne pourra jamais, au grand jamais, être acquittée. Sans nul doute, Mowla Bapa les récompensera infiniment. Louanges à Mowla Bapa de nous avoir jugés dignes de recevoir ce cadeau sans pareil que sont ces livres, et, aussi, ce site qui met à notre portée tant de belles choses, tant de bonheur...Et à Alnaz je renouvelle mes voeux de courage pour cette lutte si pénible. "Satya mèv jayatè."

Ya Aly madad.

* Canada

French to English translation from Google translator
On December 24th, 2010 Alibhai Jiwani USA (not verified) says:

French to English translation
Thoughts for Nagib, Alnaz
On December 24th, 2010 mohez nato (not verified) says:
Dear brothers, Nagib and Alnaz, Ya ali Madat,

We arrive at the end of 2010 and despite the very specific guidelines and Mowlana Hazar Imam inspired at the meeting of 15 October and her remarks during his speech on Pluralism, our leaders have not grasped the scope of Hidayaths and these continue to despair many brothers and Ismailis worldwide. And this is very serious and makes us very sad.

In my case, I am more convinced that this form of intimate conviction that Mowlana Hazar Imam has not started, did not want this "lawsuit" against you! I do not know, I've never met but I have a deep appreciation, admiration and esteem for the work of disseminating Farmans that you did for your brothers and sisters Ismailis. It is a remarkable piece, very commendable and a mark of your absolute unwavering commitment to the Authority Mowlana Hazar Imam Spiritual. You are murids His and Her Grace and Mercy are with you! Whatever the outcome of this unfortunate "lawsuit" you'll always have my gratitude!

When I wanted to deepen our Tariqah, get into the spiritual quest that Mowla Bapa advocates of all His wishes for his murids, blue paper cover with the Farmans Bhaitoul-Khyal you Aveize prepared me a lot served. I immersed myself in the detailed understanding of Mowla Bapa Farmans. And somewhere, I owe you my background, my understanding of this quest through Ibaddat.

Also, on the anniversary of Mowla Bapa December 13 last, I found myself in Cotonou (Benin) and the hotel where I was, at the immensity of the ocean, of course I had thoughts for Mowla Bapa for all Ismaili brothers and sisters and you two also crossing for months of difficult trials. Let me submit to you and offer you and all users of this site that I wrote that day.
With my affectionate thoughts go fraternal and a happy holiday season!

A dream, a dream
Or a subtle reality!

I realize that my soul has a secret hidden in my flower garden. And since I know this union Bayat the access code is the way to Ibaddat. It is a journey, a personal quest that opens to a field of freedom, with the certainty of achieving a haven of peace, serenity and happiness. It is a deliberate act, free, in perfect agreement with my mind, my heart and my intellect. A trip to a meeting bright and smooth!
The Ibaddat is a very serious approach, the most successful of our Tariqah. This is a personal quest, intimate, a journey that gives meaning to our dreams and beyond expectations is a journey where a meeting is possible! Itis possible to feel an arm resting on our shoulder, a face or a gaze fixed on us, we can establish a dialogue, deepen exchanges and forge strong convictions about the spiritual dimensions of Din and Dunya.
We proceed along the road bright and this quest gives us the encounter with ourselves, with what we love, our weaknesses, our hopes, our prayers, our doubts, our anxieties, our fears .... With the secret of our soul! A fertile field and free! The concern is released and is lost in this place without board! It was instead the endless universe for himself! But a bright vision Unlimited!

But this path is certainly difficult, grace of the Almighty, is patience, humility, modesty. Even if doubts come, are heard, the pressures of everyday life overwhelm us, blurring the fundamental messages ... .. we must take the stand, stay on this path-Siratal mustaquim ... .. He is there with us, with us, preparing us for lighter luggage, help us in our flight ... and always ends up to give us the light of day what we do not say, our fears and weaknesses! The doors open by themselves, a parchment was proposed, some cards are raised. ... Missing pieces to our intellect are found ... .. "I am always with you!
And all appointments during this time of Ibaddat have the same meaning ... The road is long, not easy but becomes increasingly desirable as our insatiable quest!

These moments of concentration, a time when the spirit evaporates, a kind of music, vibration, flashes of light ... the words, conversations, whispers that you no longer control, these lines of wandering, abandonment, where we let go. A smuggler helped us take off! "No desert, no ocean, no mountain happen to separate the Imam of His Muridae!

Let's go, let's regular stay behind the wing! Mowla support us and help us get to discoveries "barely thinkable," the unthinkable to us, the inexplicable, the secret keys of wisdom, tolerance, compassion ... Love! Access to what is most true in us!
This is not an idea,
This is not an emotion
This is not a giddy,
This is not a utopia,
This is not a dread,
It is a reality
This is a meeting,
It is a love song,
A victory over worry,
It is a vision,
It is a quest for balance,
That is what is most true in us!
Mohez nato

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* United States

Contscts wuth SS or MM
On December 23rd, 2010 Alnaz (not verified) says:

No, MM or SS has not ever spoken with me or even discussed anything with me. Q why do they insist on infringement.

Remember that SS opposed MHI's confirmation that all distributed books can be kept and not to return. SS sought to make MHI reverse his decision (which he said twice), so they are dying to win the case so they can force the Jamats to return of all books. Their purpose for infringement is in direct contradiction (Gray's revised consent supports our version of what happened on Oct 15.)

They have no desire to follow imam's direction

* Canada

Leaders top down. should ask
On December 24th, 2010 Bloglaw (not verified) says:

Leaders top down. should ask themselves the following questions, which many if not most are asking.

1. Have we followed Imam's Farmans to resolve differences internally

2. Have we followed Imam,s institutional directives in the reports prepared before and after the lawsuit was filed? Have we asked to read the reports?

3. Have we followed Imam,s directions of 15th Oct 2010?

4. Do we know the reasons why an admission of infringement is so critical ? And based on the 7 reasons why with respect infringement it is a non issue for the consent as directed by MHI ?

5. Do we know Why is Imam waiting and spent 30 minutes on 15 th October and instead of saying may I make a suggestion Imam if Imam wished could have said for example I would like to reassure you I am the plaintiff and it is my wish that you withdraw all allegations and agree to judgement on all claims in the lawsuit?

Imam has reminded Leaders to regularly ask of themselves if they have followed Imam's guidance and farmans and if they have fulfilled all their responsibilities.

If any leader feels he or she has not, then Imam says it is his wish and desire that they should make every possible effort to do so.

In this case Dr SS and MM have clearly not. Other especially top leaders should not wait and certainly approach and discuss with Dr SS and MM and amongst themselves so they fully understand precisely what are the differences and to read the legal and opinion of the leaders in the report presented to MHI Which will be incisive on the issue of an admission to infringement and on the draft consent signed by Alnaz and Nagib.

I hope therefore each leader who has not will ask of themselves and do the right thing because this lawsuit affects the jamat and therefore each leader in their seva and responsibilities to and for the Jamat.

* United Kingdom

@ Bloglaw: The leaders and Ostrich attitudes.
On December 24th, 2010 Alibhai Jiwani USA (not verified) says:

Over 90 percent of the leaders do not follow the case .Only top few involved may be following.
They do not go on either website hence the knowledge about the case is not there.Period.
They believe what is told to them by their superiors.
Over years all of them have been taught not to question anything that comes from LIF because it is all MHI 's directions
It is an inbreed culture cultivated over the last decade or so.
Only the YES Men have survived to secure their positions, a true key.
An Ostrich burying his head in the ground and ignoring everything else but itself.

Every leader I have spoken to knew nothing about the lawsuit.
Half of them believe it was settled when MHI came to Toronto.
Others believe plaintiff being MHI of course he must have already won , no question.
One leader was so ignorant he said Alnaz is a lady from Canada?
Few others believe they have nothing to do with it.
Their lives and work is same ( Which is status Quo ofcourse) Easy as ever.

It is Only Mawla who is working all the time
Some good leaders involved in grassroot projects are so involved and busy they do not have time to follow this court case.
They cant be bothered!
So however vital it is what is posted here by bloglaw and Moez Nato the audience is miniscule.
Hence the thoughts and ideas and legitimate questions of all the thinkers and well wishers and intellectuals is not welcomed.

* United States

Many leaders say they do not
On December 24th, 2010 Bloglaw (not verified) says:

Many leaders say they do not follow this case or know about it because they do not wish to eneter into that discussion with you at that time. This is simply a diplomatic response.

My experience is most Leaders and the Jamat know and are happy to talk individually, confidentially and selectively. What is most important and wonderful is that they all come to know in any event. Hence the audience, interest, concern and reach are all significant.

I agree some specific leaders in question have managed to exercise excessive unilateralism in the last decade or so, at the expense of the right balance of din and dunya and the checks and balances. Hence the need to reverse this pervasive and widening gap..

However as a result of the lawsuit Leaders top down are now aware and know. Any significant and noticeable change and a especially a change of mindset will take time and we must be patient. Meanwhile and as directed by MHI, we must give feed back and continue to give our support to our Leaders top down.

We must also give credit to ALL leaders where it is due for the excellent work and progress facilitated and enabled by Hazar Imam.

* United Kingdom

Do miracles happen?
On December 22nd, 2010 Kasamali (not verified) says:

Do miracles happen? Yes, they used to happen in the past and they also happen in this age. Similarly, we can say about Leelas (plays); thy used to take place in the past during the time of nine Avatars and also used to take place during our previous Imams. He does such Leelas even now. It depends upon individual’s perception and outlook to observe and understand them.
Here are some of His Leelas in this case.
Leela # 1:
Gray was pressing very hard for summary judgment, from the beginning, soon after cross examinations were over. On the other hand, defendants were pressing for discovery prior to judgment.
Defendants were successful in creating doubt in the mind of Prothonotary about the plaintiff’s identity, and hence able to get discovery order. Gray did not expect this and hence was terrified and got panicky, because by his own efforts, and for obvious reasons, he was not in a position to produce HI for discovery. He rushed to Ottawa judge in panicky mode with 24 page motion application, but there too he had no luck. However, with the help of SS and MM, he was able to produce HI in the discovery meeting.
We will just see as to how this order of discovery was itself a part of Leelas.
Leelas #2:
HI did appear for discovery. Most of people say that He was there as a part of court judgment. But inner reality was something else. But that requires a different mindset to understand it.
It was Nagib’s prerogative to appoint appropriate recording person from the court, but he somehow, it seems, forgot to do it, and instead, Gray hired one of his choice. However, this oversight/ mistake of Nagib went into defendants favour. How? Here is the answer.
Had Nagib hired a recording person, he would have recorded entire 30 minutes conversations, and hence every thing would have been clear to such an extent that Gray/SS/ MM had no option but to agree to consent judgment within a day or two, and the case must have been settled immediately.
Had the case been settled this way, just after 15th October meeting, the Ismailis of Vancouverite type, in general, would have started the propaganda that the case indeed had been filed by HI, but He, in His infinite mercy, compelled his lawyer Gray for consent judgment. These people in that case would have been successful to convince the entire jamat that the defendants’ acts since 1992 had been destructive for the entire global jamat and that their only intentions were to slender leadership in the guise of Mehmani and, at the same time, mint money by printing of Farman books.
But He perhaps has a different plan and led Nagib to make this oversight/mistake of not hiring a recording person.
This is Leela # 2.
Leela #3:
Just at the beginning of discovery meeting, as soon as Nagib handed over his January 4th letter to HI, Gray snatched that letter from HI’s hands. HI acted innocently as if no thing has happened. This is Leela#3. How? Let us see this too.
Had Gray not snatched that letter, HI would have read it and naturally would have asked him as what he wants to say, and Nagib would have asked those five questions related to this case and would have also clarified,” Khudavind, did you write those letters and are you the plaintiff in this case.” And HI’s direct reply one way or the other would have ended the case one way or the other. But here too it seems, He had a different plan, perhaps to let the case proceed further so as to enable the real truth to prevail.
This is Leela# 3.
Leela#4:
On 7th December, during proceeding of summary judgment Gray and SS arranged to present Carnegie, HI’s staff lawyer, in the court and introduce him to the judge to impress him and, at the same time, to intimidate both the defendants. But their whole plan failed as Al Naz has found out the stud case 2000 in which Carnegie was also involved.
This is Leela#4
General:
From point of view of defendants the discovery meeting was indeed a positive one. HI was not only empathetic to them by answering some of the Tariqa related queries, but also assured them that He would meet them again and work with them. While the same meeting with limited recording was not of much help to Gray, SS and MM.
Conclusion:
I feel, we may expect some more Leelas and with the aggregate effect of each such Leelas, the case is inching gradually to wards real truth, and as a result many positive outcomes will follow too.

Miracle, strange, Leela Providence....
On December 24th, 2010 Bloglaw (not verified) says:

Dr SS, MM and AK are using the very best legal brains and necessary resources money can buy. Before the cross examination of SS & AK, they all knew what questions & issues which will be raised. They will have considered all the issues and the articulation of their responses in detail and comprehensively. They will have had the option of mock questions and answers. with Mr Gray, his team and or Mr Carnegie They have also had in addition our institutional leadership training sessions annually for the last 18 years..

Instead of carefully prepared and articulated responses, both Dr SS and AK demonstrated and confirmed a no care attitude by making at best statements which show a lack of respect and understanding for our Tariquah, and consequently the Jamat and The Imamat.

So who is helping to ensure that the real truth comes out in the open and that too, DIRECTLY from the leaders in question. Anyone can read and decide this for themselves.(Umed please can you add the link on this website).

Call it a Miracle, Leela, providence, strange or a combination of such names and coincidences. The truth would not otherwise have been known.

After the meeting on 15 Oct 2010, Alnaz has confirmed that there have been no meetings or discussions nor reasons explained why an admission of infringement is critical for the purposes of consent and settlement as directed by Hazar Imam.

Dr SS & MM are clearly not following Imam's Farmans or the institutional directives to settle the only difference remaining in this case by arbitration or discussion with the 2 murids..

Imam reminded us of the divine in his speech on 15 October 2010 ".....In acknowledging the immensity of The Divine, we will also come to acknowledge our human limitations, the incomplete nature of human understanding. In that light, the amazing diversity of Creation itself can be seen as a great gift to us – not a cause for anxiety but a source of delight. Even the diversity of our religious interpretations can be greeted as something to share with one another – rather than something to fear..."

In giving feed back I am acknowledging humbly that none of us are perfect. Hazar Imam has confirmed clearly that perfection is Allah’s alone. We must not therefore not seek perfection from our Leaders, we must be generous and supportive. However we must expect performance not perfection, we must also expect competence answerability and capability (1992).

* United Kingdom

"We must expect performance not perfection"
On December 24th, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, BLOGLAW! Thank you for acknowledging in Ismaili.Net, dated December 24, 2010 about the Ismaili Muslims Institutional leadership training sessions annually for the last 18 years! You do admit that the said leadership have the necessary resources to provide them with first–hand know how and training! The Ismaili Muslims Tariquah has enlightened the Jamat and the leadership about the Imam of the time and the Ismailism to an extent that everybody in the Community knows about the protocol, code of behaviour, and etiquette which we all have witnessed during Mawlana Hazar Imam’s Golden Jubilee. This has happened to stay up to date with the time. Our training and education in educated and well-informed countries have given us the opportunity to become scholar, academic, philosopher, etc. These academics are meticulously researching our hereditary, our culture, and our religious conviction. In this era, it has become mandatory who we are and where do we stand? Hazar Imam has articulated in His Farman in India that the grievance about the Ismaili Muslims Institution and it leadership is not fair because nobody is perfect with the exception of Allah! Therefore in your own words Bloglaw, I quote: In giving feed back I am acknowledging humbly that none of us are perfect. Hazar Imam has confirmed clearly that perfection is Allah’s alone. We must not, therefore, seek any perfection from our Leaders; we must be generous and supportive. However we must expect performance not perfection, we must also expect competence answerability and capability (1992), unquote. Allah Hafez, Nizar Ali K. Shivji!

@kasamali
On December 23rd, 2010 An ordinary Murid (not verified) says:

I frankly admit that I do not understand much about Leela. But yes, some strange positive things are happening with this case. Let us all continue to pray for such more positive things.

@Kasamali
On December 23rd, 2010 Alibhai Jiwani USA (not verified) says:

I fully agree with you.
What is apprent is not truth and what is truth is not apparent.
But everything will play out smoothly in due course.
My faith is defendants will be the winners.

* United States

Mawla is al rehman,al
On December 23rd, 2010 Momin (not verified) says:

Mawla is al rehman,al raheem, Mawla is maha dayaru and mamtaru, Mawla is al Karim.

How can Mawla take legal action against one of his Murid knowing none of his leaders has even approached or wrote any letters to him (if he authorised letters) - Alnaz. I say never - If Mawla would never then why Alnaz was included as a defendant and is still a defendant , and why no conciliation, meeting, and why Dr SS and MM as leaders not following Imam's guidance, Farmans and Directives.

Would Mawla say that Farmans are available in all JK's including in remote locations if they are in fact not. (I say never !) Before that statement was released in court why did not Leaders or Mr Gray make sure this was true ?

Would Mawla ever give directions and Farmans and go againt his own Farman and directions ? I say never !

Why bring Mr Carnegie to the court and announce him to the judge when in fact Mr Gray is best of the best lawyer ?

Taubha"! Taubha !

Leaders need to ask, review and not just sit and wait but they sould discuss amongst themselves to conclude this case as directed by MHI.on 15 October 2010. According to Dr SS statements under oath he did say MHI wanted him to discuss this amongst the leaders.

It is never too late to do so now. We all know from experience or fromTv/Films/documentaries, that cases and disputes are settled at the 11th hour all the time. The stud case quoted was settled.

* United Arab Emirates

what is going on
On December 22nd, 2010 imran (not verified) says:

its been a while since we heard what is going on. Can some one update thanks.

* United States

Everyone is waiting for the
On December 22nd, 2010 librarian-umed says:

Everyone is waiting for the judgment to read how the Judge arrived at his conclusions whatever they are and which party fought the case in a more convincing manner. Both parties had about 25 previous cases to support their stand, both books of authorities submitted are voluminous. We forecast however a long judgment [many pages] explaining many issues raised during the Motions. It is only reading the explanations in the judgment that we will know if the Ismaili community's workings and what is the status of the Imam, if these points have been explained properly during the Motions.

Ideally the Imam should have been the one writing the judgment. It was unfortunate that even though the Consent Judgment was signed exactly according to the Imam's s instructions by the defendants, it was not acceptable to SS and MM who are directing this case. And it is even more unacceptable that after the Imam said in details that he remembers the 1992 Mehmani instruction to continue publishing Farmans, Gray is still following SS and MM instructions while pretending to represent the Imam. The fact that the Imam found nothing wrong with the Farman Book and allowed everyone to keep it should have been an eye opener.

SS's attempted stunt of sending the lawyer Carnegie to sit within the audience during the Motion has backfired as thanks to his presence, search was done and his name was found in another case involving fraud in the Aga Khan stud.

We can conclude that at the discovery the Imam took the horse to the water but the horse refused to drink. In due time the Imam will tackle these rogue elements. Meanwhile, patience is the name of the game. It has been a long year for the community. Happy New Year to all!

@librarian-umed above post (Dec. 22nd)
On December 23rd, 2010 Kanize (Canada) (not verified) says:

786
Please, Umed, when the Judge's decision is made, do not forget to present it to us in plain English, so that people like me can understand what is meant :-)! Thank you in advance!
Ya Aly madad.

* Canada

that is why mowla said "we shall meet again"
On December 22nd, 2010 imran (not verified) says:

yes that is why mowla said we shall meet again. First meeting was to show mercy on the leaders and the second meeting will be to save his true momins. i say this both tajidin and alnaz were very lucky to talk to mowla and have a mulaqat with him. Not every one is lucky enough to be bestowed that honor.

* United States

Do you belive that ours is a batuni Faith
On December 22nd, 2010 Alibhai Jiwani USA (not verified) says:

Do you believe that ours is a "batuni faith" and Hazar imam is "All-knowing"? If answer to my question is "Yes" then
Hazar Imam is the one who is going to be writing the judgement indeed!! All will be fine for defendants and Jamat Inshaallah.

I was watching a movie "Miracle on the 34 th street" , an all time American favorite during Christmas where the judge in New York had to rule whether there is a Santa clause or it is just a fantasy? After very interesting court proceedings mostly favoring logic over Faith finally to everyone's surprise the judge had to rule that he believes there is Santaclause to save the faith and hope of millions of children worldwide based on series of events that took place just before the verdict was to be given!

So just wait and watch.

* United States

“Allah Is All Knowing And Infinite With Grace and Mercy!”
On December 21st, 2010 Nizar Ali K. Shivji (not verified) says:

YA-ALI-MADAT, LIBRARIAN UMED, MS ZEENATARA, YASMIN, AND MOMIN! Foremost, please accept my thanks for your explanation and clarification regarding the usage of expressions and idioms. Figuratively, one way or another, it is a matter of unimportant to become an issue! Ms Zeenatara what has come to light between Dr. Shafique Sachedina and you is bygone and since its publication as an “Open Letter” in this website, its contents were released to all readers. For that reason we have duly noted your intention with our comments which are in no way a reprimand to you! It is not a judgment but a polite caution to be more ambassadorial. Like us you felt to make your voice louder, and you succeeded in getting a reply! Mawlana Hazar Imam and the Ismaili Muslims Community never judge their own. But seek resolution within or by legal means! Let me declare to you there is no partition of any sort. Whatever has come out has happened! This litigation is a now a public matter. It is open and unrestricted! Therefore, any reader is at liberty to express his/her thoughts as deemed fit. This issue is like a penny dropped in an ocean! It will fade away in time with or without repercussion! I agree with you that we should pray to seek Allah’s infinite grace and mercy. We should also beg for His ‘Rahem’ to differentiate between good and bad. Mawlana Hazar Imam is philanthropist and humanitarian. He is our Spiritual Father. Therefore, let us make good of our commitment with good intention to love Him and our own! Allah Hafez, Nizar Ali K. Shivji!

Diplomacy
On December 22nd, 2010 Suleman (not verified) says:

It's interesting to note that Sister Zeenatara is being advised to become more ambassadorial in her communications with the leaders and yet, the language used against the defendants on the Vancouverite posts is far from civil and diplomatic. So is it only our leaders who deserve respect and diplomacy and others, whom leaders are opposing, are no longer human beings worthy of any respect and diplomacy? Do they not have emotions? Feelings? When writing about them is it to be forgotten that they also have children and families who will read this kind of language against them and be thoroughly horrified and extremely hurt?

I join sister Zeenatara in her appeal that everyone should keep their opinions to themselves and just pray for unity and restoration of equilibrium. After all, if a decision in this case is taken against the defendants that decision would be the judge's decision and not Hazar Imam's decision. So with all due respect, let us stop these discussions because it is very difficult for us to maintain the delicate boundary between opinion and judgement. And with more and more discussions, this boundary is likely to be crossed and has been crossed as far as I am concerned.

Division
On December 22nd, 2010 Concerned!! (not verified) says:

I don't fully agree with you. MSMS has differentiated between Ismailis and TRUE Ismailis, in a number of farmans (eg. Chandraat). MSMS also has also said there are aneek (plenty) of Yezid/Shimar like people sitting here in the jamat.

If we read our history there are many many leaders (incl.some from his family) who have betrayed the imam and his jamats.

Today is not different. There is no doubt at all of SS and MM's status - if you read SS's transcript you have no choice but to say that he is worse, and those who continue to support him cant be different - they are of same cloth, enemies of the imam and the Jamat, Not surprising at all.

Read MSMS's farmans to understand or to identify these types of people,

* Canada

Mowla's Grace
On December 21st, 2010 Yasmin (not verified) says:

Ya Ali Madad Zeenatara. I agree with you and others. These 2 Murids Nagib and Alnaz love Our Beloved Hazar Imam, and Mowla knows that. The issue up here is "publishing of Farmans", and unfortunately it went into a lawsuit. Our Mowla was so gracious to both of them, blessed them on Oct.15 not for 5 mins. but for 30 mins., because He loves them both. This issue is between our Mowla, Nagib and Alnaz. We have "no right" to say as to what should be done to these 2 Murids, and indirectly try to tell Mowla as to what He should do with them. Other sites and their groups should just leave them alone, and let Mowla make a decision. Infact they as good ismailis should go to Jamatkhana and pray for their spiritual brothers Nagib and Alnaz, then Mowla will be very happy.

We all should make Our Beloved Hazar Imam always happy, because He has sacrificed His entire life for our Ismaili Jamat, and He loves us more than we love Him. Thank you.

* Canada

Mowla mera kazi
On December 21st, 2010 Zeenatara Allahrakhya (not verified) says:

Further to my concerns voiced in my previous comment posted yesterday, this painful division in our jamat would never have happened if we had just followed our Imam's firman: Only Mowla is allowed to judge, He is THE judge. Nobody else has that right. However, it seems we have been very quick to judge on this case and that is why this split has occurred.
As soon as this case surfaced, we should all have bowed our heads and begged Mowla for His infinite mercy in order to restore unity. Instead, we started taking sides immediately and became judges. According to our Imam Sultan Mohamed Shah (SAW) the difference between man and animal (insaan and haivaan) is that man has the power to differentiate between good and evil and in this case, the good and right thing to do would be to join hands and beg Mowla to restore unity in our jamat by forgiving both parties. It is not too late to do so, so let us stop deciding ourselves who is right and who is wrong and instead pray for this division to be filled.

Before I am questioned, let me clarify that my letter to Shafik Sachedina was on an entirely different issue. Him and other leaders have no right to behave badly in front of the Imam and to abuse the privileges granted to them by the Imam. If they want to do so then they should resign. This letter had nothing to do with any kind of judgement on my part regarding the case. That was a matter of love for the Imam, and my consequent inability to hear about beadabi in His presence by leaders He Himself has appointed.

Thank you brothers Nizar, Umed and Momin and sister Yasmin.

And once again I appeal to all: forget about who is right and who is wrong, let Mowla be the judge of that and also let Mowla decide what should happen to those who are wrong.

We all should pray for one thing only and that is unity in our jamat. After all, Mowla is oft forgiving and most merciful and as history shows it, even the worst offenders like Ravan have attained salvation by taking Mowla's name and deeply repenting just before their last breaths.

“We should create love and fondness for Mawlana Hazar Imam.”
On December 20th, 2010 Nizar Ali K. Shivji (not verified) says:

YA-ALI-MADAT, MS ZEENATARA AND MS YASMIN (NOT VERIFIED)! Agreed! We should create love and fondness for Mawlana Hazar Imam. We should feel affection and friendliness for our brothers and sisters. But how can we achieve these love, fondness, and friendliness? We all are materially so much engrossed in our individualism that we are not able to get acquainted with our own! I will agree with you on your kind thoughts and comments but would very kindly request you to refrain from references “to barking dogs, etc.” We are human beings and there is lot of difference between human being and animal! ‘Hazarat Sir Sultan Mohammed Shah Aga Khan has articulated in one His Farman that the performance between human being and the animal is the same – both can procreate, eat, be no more, etc. but the Almighty Allah has given the brain to human being to exercise additional benefits that is bestowed upon them’! We, as human being, have our shortcoming, weakness, and limitation. This limitation could lead us to greed, avarice, and self-indulgence. The only possible way out is to slow down from self-possession, bring under control our weakness and failing! Therefore, let us remove the dividing wall; stop pointing fingers at our challengers. Days of rudimentary are beyond us! Let us follow the wisdom of our Pir and beg Almighty Allah for His grace and mercy!

“Your religious conviction is yours; it is only you who can doubt it.” I would like to take this opportunity to thank Liberian Umed and all those who have accepted me as I am. I mean no harm to anyone! With my sincere prayers in your efforts to create harmony and love among us! Allah Hafez, Nizar Ali K. Shivji!

* Canada

This is an expression "Let
On December 21st, 2010 librarian-umed says:

This is an expression "Let the mad dogs bark", it is never meant literally. Even Mowlana Hazar Imam has used this expression for people who criticize without trying to understand.

Everyone will understand
On December 21st, 2010 Momin (not verified) says:

Everyone will understand this is merely an an expression which Zenaatara clarified by saying to let them be (let them say & do what they like). Expressions and Idioms should never be taken literally. Thanks.

* United Arab Emirates

Painful Division
On December 20th, 2010 Zeenatara Allahrakhya (not verified) says:

This division amongst our brothers and sisters is so very painful. I shudder to think how our Imam is feeling. Has our Imam taught us to be so harsh and so judgmental?!
All those associated with Vancouverite should be highly ashamed of themselves. They say they are standing up for Mowla but in fact their demeanor, their language and their cold and forboding attitudes, bordering on crucifixion, are actually letting the Imam down. Not to mention the amount of pain He is going through.

Well, barking dogs will bark so at least I can appeal to my brothers and sisters on this site not to enter into a barking match with such people and also there is the need to be very careful of one's imaan which is a delicate treasure. Where such people as the Vancouverite group are concerned, it would be wise to remember our Pir's words:

Gurnar thi bhulaa tasu vaad na kije,
Te to avar ko jiv dolaaveji

So please my brothers and sisters, let us remember that having arguments and discussions with such people as the vancouverite group, who are stubbornly fixated on their misguided views, can be dangerous because they can succeed in shaking your faith. So according to the Pir, the best thing to do is to keep away from such people and let them continue with their harsh attrocities. The best thing for us to do is to turn our backs on them and continue praying to our Imam to step in and bridge this painful division amongst our brothers and sisters with His grace and mercy, Ameen.

@Zeenatara
On December 20th, 2010 Yasmin (not verified) says:

Ya Ali Madad Zeenatara. Well said. All those who are attacking verbally their Spiritual Brothers and Sisters, and they say that they are standing up for Mowla, but unfortunately, they are making Our Beloved Hazar Imam go through lot of pain. It is very sad, when your Mowla is in pain. Thank you.

* Canada

forgiveness
On December 19th, 2010 Kasamali (not verified) says:

On 15th October, Nagib and Al Naz asked for forgiveness of HI, and hence they will never be punished as per following verse of Quran:
“But Allah would not punish them while you(Rasul) were with them, nor will He punish them while they seek(your) forgiveness” (Holy Quran: 8:33)
The question is: Who did not ask for forgiveness and instead defied His wishes and suggestions?

What happened now?
On December 19th, 2010 Alibhai Jiwani USA (not verified) says:

I thought Mr Gray rushed in for summary judgement thinking favorable "instant judgement" was in his pocket, a piece of cake?

For sure the Judge did not hand him the victory so easily so far.
The longer it is taking I think the judge is reviewing everything more carefully?Especially with introduction of the"stud case"?
Or is it just normal it takes a long before any decision?

I heard a rumor from London from a prestigious Ismaili that the Plaintiff already got the Summary judgement in their favor .I told him my guess is the case is going to continue.
Can librarian Umed give some update?

* United States

I do not think there will be
On December 19th, 2010 Nagib (not verified) says:

I do not think there will be any hasty decision on this matter. The easy matter would have been just to give a judgment in the matter of Copyright without considering the far reaching changes it will bring to the Ismaili Faith as practiced for Centuries by our Jamat. But the judge was very much aware of what this would meant to our Faith.

The first day of the hearing on 7 December, the Judge was very annoyed, he asked "Why can't you all resolve the issue by mediation?" It looked like he was not comfortable giving a decision in a so complicated matter which was way beyond the issue of copyright and in which he understood that the defendant were eager to comply with whatever the Imam will tell them to do. He could not understand that the Imam came for Discovery and went and the case was still continuing. I guess it is difficult for any person, including me to understand that when the Imam came to find an honourable solution to this lawsuit which was launched without consulting Him why was it still continuing?.

Why are these people SS, MM and Gray still continuing it against the wishes expressed clearly by the Imam? And when the Imam Himself confirmed to them that He vividly remembered the Mehmani of 1992 and the presentation of the book and the instructions He Himself gave to Karim Alibhay, how are these 3 people going to justify what they have done behind the Imam's back by continuing in His name a baseless lawsuit.

And my question to them is simple: The Imam said he will meet us again and we will work together and He will give us all the Farmans with His anotations. Where will these people hide when it happens?

Nagib

Check the court docket
On December 19th, 2010 heritage says:

If it is not on the docket, it is a rumour:

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?...

Enjoy Surfing Your Heritage!

Respect for Tariquah ! ..
On December 19th, 2010 Blloglaw (not verified) says:

Vancouvertite News Editor says to Bloglaw “…………. I must say there is no logical reason for the defendants to create a mission for themselves through some dubious belief that makes them fight the very institution of Imamat that they purport to have full faith in. What ….. I think ego has come in the way of reason. …….the defendants who have set themselves up as the supreme authority of Ismailis – that they will decide what Ismailis need and that the leadership should see it their way. It is very important to understand that you can believe what you want – just don’t force those beliefs down our throats ….”
Bloglaw replies

Mr Editor : Imam Issues Farmans, instructions and directives to be followed and implemented. The central issue is why then would Imam not want them to be followed and practiced ? The obvious question that follows is :

Would Imam file a lawsuit if he knew Alnaz was not contacted, Farmans are not available in all JK 's, succinct, incisive and factual analysis, regarding the facts of this case were not prepared and or considered institutionally before the lawsuit was filed, collegiality and dialogue are at best limited and selective, and Imam’s Farmans to always resolve by arbitration, friendship and discussion as brothers and sisters, etc .

The defendants should be thanked for highlighting all the issues, and enabling an unprecedented feed back of the widening gap of the root causes and the ground realities. This is in keeping with Farmans and directives of MHI.

Regarding personal beliefs, We must all respect them and each other, and if it is the belief of some which we do not agree with we must still respect it. Imam wishes rites, ceremonies and traditions to be preserved and respected including mehmani. We now have new traditions which have are being introduced globally as you may know or can find out if you do not know.

Remembering also, in out Tariquah and in Islam, we do not separate the spiritual and the temporal. This is stated very clearly in the constitution by MHI. Therefore Farmans, directives and instructions from the Imam are holistic and inclusive. In this case farmans and the directives are clear. They have not all been followed is also clear.

I hope and pray that the only remaining issue of an admission is concluded by consent and agreement in the spirit of Imam’s directions on 15 October 2010, and in accordance with the farmans and directives issued by MHI on this subject and generally in the spirit of brotherhood and friendship. Ameen

* United Kingdom

Resposibility
On December 19th, 2010 Asif Momin (not verified) says:

“It is not fitting for a believer, man or woman, when a matter has been decided by God and his messenger to have any opinion regarding their decision.” (Holy Quran, 33: 36)

Hazar Imam on 15th October expressed his decision/ wish for consent judgement, but it could not materialized .
The question is: Who is responsible for this? Ponder.

“ Say (O, Muhammad), if you love Allah, follow me(Rasul), Allah will love you and forgive your sins. Allah is forgiving, merciful” ( Holy Quran 3:31)

The question is, who has not followed Him after 15th October meeting?

Sirat al Mustaqueem
On December 19th, 2010 Murad (not verified) says:

You are right according to all the 3 authoritative translations of the Holy Quran. It is important to look at all the translations from the Quran;

When a directive or a decision is given, then If a believer follows his/her own opinion or interpretation, then they are rebelling against Allah by letting their attitude or course of action be determined by their personal interests, bias and preference.

(YUSUF ALI ) 33:36 It is not fitting for a Believer, man or woman, when a matter has been decided by Allah and His Messenger to have any option about their decision*: if any one disobeys Allah and His Messenger, he is indeed on a clearly wrong Path **.

ASAD) 33:36 (Now whenever God and His Apostle have decided a matter, it is not for a believing man or a believing woman to claim freedom of choice* in so far as they themselves are concerned: for he who [thus] rebels against God and His Apostle** has already, most obviously, gone astray.

PICKTHALL) 33:36 (And it becometh not a believing man or a believing woman, when Allah and His messenger have decided an affair (for them), * that they should (after that) claim any say in their affair; and whoso is rebellious to Allah and His messenger, ** he verily goeth astray in error manifest

* whenever a specific law is in the Qur’an (Allah) or in an injunction (order - guidance ) promulgated (declared) by the Messenger.

** to have a choice in their concern " - to let their attitude or course of action be determined, by their personal interests, bias & preference, and not, as decided by Allah or His Messenger

* United Arab Emirates

Quran !!
On December 19th, 2010 Alnaz (not verified) says:

These Ayats and many verses from our Ginans give us warnings not to question the Imams (Pirs) and to obey, obey immediately, without questions or doubts.

Remember, on October 15, both MM and SS were told off by the Imam 'it would be nice if we spoke with same ('one' to MM) voice when both not only did not accept the decision given by the Imam, but opposed Imam's decisions directly on His face.

However, when a person opposes the Imam directly on his face, what is that person capable of doing behind the Imam's face, when the Imam is physically not present! Moreover what can we expect of such persons.

I ask myself often, there must be a purpose for the Imam to show me in person what I had been hearing for decades - direct defiance by his own appointed leaders. I wonder what he wants me now to do with that direct knowledge, I trust and pray that he inspires and guides me.

* Canada

MHI Guidance
On December 20th, 2010 Seeker (not verified) says:

Alnaz:

Isn't it true that MHI wanted you to be a lawyer?

Peace!

* Canada

MHI's Guidance
On December 21st, 2010 Alnaz (not verified) says:

Yes, MHI guided me to becoming a lawyer, and set the course for me to follow, and I am very grateful and continuously offer my shukr to him, by words, prayers and deeds.

* Canada

Feedback Dialogue & Collegiality
On December 18th, 2010 Bloglaw (not verified) says:

Imam directed and encourages feedback, dialogue, collegiality and sharing of information and Guidance including Farmans. The following are some of the directives to Leaders issued 15 years ago by MHI. These are circulated today as a part of the Leadership training and orientation programs.
If these were practiced and followed, then the lawsuit would not have been filed and certainly settled on 15th October 2010 as directed by Hazar Imam.
Some of the relevant Directives to Leaders in 1995
1 Regular feedback (Leadership and Jamati) should be a part of the institutional (Leadership) culture.
2 Leaders should foster a culture of dialogue through collegiality (cooperative interaction) & encourage objectivity and accountability,
3 Institutions should set up reliable procedures that will enable them to acquire a genuine understanding of the needs (spiritual and secular) of the Jamat. The processes should incorporate Jamati feedback
4 A leadership approach at all levels should engender confidence and team spirit through appropriate delegation of responsibilities, sharing of information, and the provision of support amongst Leaders and to the Jamat.
5 The institutions should strive to engender a culture of objectivity with a greater commitment to sound management, administrative and financial practices.
6 Reporting should be an integral management tool and reports should be factual, succinct and incisive.
7 Good information and incisive analysis is critical to making good and objective decision.
8 Judicious usage should be made of reasonable information technology.

* Germany

@Bloglaw re: above post of Dec. 18
On December 21st, 2010 Kanize (Canada) (not verified) says:

786
Thank you for sharing this useful information with the rest of us, Bloglaw, all the way from Germany! Ya Aly madad.

* Canada

According to Dr SS in his
On December 19th, 2010 Murad (not verified) says:

According to Dr SS in his cross examination, he said Imam first considered legal action at the end of March 2010.

Therefore If the above directives were followed, then the lawsuit would not have been filed within 5 days, by 6th April.

This is because an objective, incisive and succinct analysis research and assessment of facts and a report with a legal opinion and an impact analysis could never been possible in less than 5 working days. Such an internal institutional report would have taken many months. Imam says above " Good information and incisive analysis is critical to making good and objective decision"

* United Arab Emirates

The Stud case ( of 2000) and Copyright case of 2010
On December 11th, 2010 Alibhai Jiwani USA (not verified) says:

It is incredible that Alnaz saved this “Stud case” of 2000, till the end! Excellent!

First reading of the case made me apprehensive but second reading of the judgment actually make me feel very encouraged that just because name “Agakhan” is there does not mean that the judges are going to be intimidated and tend to sway more on that side.

It also reinforces my belief that the side that has “Imam in Spirit and essence “ will win not just the "name"

The case really reinforces that abuse of power is happening at the Secretariat by some powerful persons but in the end the "truth prevails."

Hazar Imam is always with the "weaker and true" in the divine form.

The secretary in the stud case was falsely accused and harassed and hence the judgment favored her despite the fact that “Agakhan”' himself was the “named” defendant. And “Agakhan” name did get tarnish because of the “wrong doing of his staff”. But justice was done to the weaker side and all forgeries and manipulations exposed. MHI could have easily gone for a settlement in that case .His name would have been saved. But it was not done because he is just. I am sure he had the best of lawyers even at that time.

In this case it seems to me that Gray and SS did not make a good decision of rushing for the summary judgment.

Consent judgment was very vital for the plaintiff especially SS.

If the forgery indeed has happened there is no way plaintiff will get a judgment in their favor especially the judge after reviewing this stud case is going to be very “cautious”.

If Nagib and Alnaz will get the final judgment in their favor there is a big risk of the defendants suing the forgers and this could mean a big deal. I agree with Abdul that MHI has foreseen this and hence urged defendants to withdraw the allegations of forgery against “his staff” means secretary etc only or also SS and MM? He perhaps meant all of them. That can be ugly and no one desires that.

Why did MHI not go for settlement when he came on 15th Oct 2010? Settlement would be a great injustice to the defendants and reinforcement to the wrong doers. How could he do injustice to his own murids? Who are true momins?
All believers would question their faith in Him. Also it would encourage the wrong doers to continue their practices thinking Imam in the end will come and settle for the sake of his Institutions and name. He who is just and merciful could hardly desire this.
.
It was a good option only for leaders involved in the fraud if it has indeed happened. There is a very great likelihood that it has indeed happened. Hazar Imam knows very well defendants did not want to make any money in printing Farmans. Their intentions were noble

He is definitely not the true plaintiff. He would never ever sue his devotees with so much love and dedication for spreading God’s words (Farmans), which are made for his devotees anyways! It is a completely an absurd hypothesis from the point of view of true momins and if Ismaili faith is a “true and spiritual Tarika”. I think this stud case is going to be very vital for the defendants and change the verdict in their favor.

If case goes to trial we are in for many revelations, which are needed for setting the system right. Every thing happens for a reason! All the GJ wishes and MHI’s ambitions cannot be realized unless there is a big change from status quo and mindset mentality among the Leaders of the esteemed Institutions. Only He knows the end.

* United States

Finding the 'Studs' case seems to be a fortunate coincidance
On December 11th, 2010 heritage says:

We are not sure that Alnaz "saved" this case for the last minute. On the First day of the case, Mr Gray introduced Mr "Henry Carnegie" as The Aga Khan's Lawyer that would be sitting in on this case to advise Mr Gray.

This attempt at intimidation seems to have backfired on them as, from what we understand, Alnaz fortunately found this case that actually involves discovery of this same Mr Carnegie. Alnaz made copies of this case that very evening and brought it in on the second day of the motion.

Aga Khan Lawsuit: Fraud at Aga Khan Studs - 2000-02-22

Enjoy Surfing Your Heritage!

Wow!
On December 11th, 2010 Alibhai Jiwani (not verified) says:

This is truly His "Leela".
It was indeed the perfect timing.

* United States

Finding the 'Studs' case seems to be a fortunate coincidance
On December 11th, 2010 ali (not verified) says:

you are wasting your time nagib, The truth is that you a liar and have lost this case with HH. You could not even ask 5 question to HH on OCT 15, what happened?? you got hit by lightning

* Canada

@Ali
On December 14th, 2010 Yasmin (not verified) says:

Ya Ali Madad Ali. Wow what a beautiful name. Our Beloved Imam Ali's name. Ali let us pray for our Spriitual Brothers Nagib and Alnaz. May Allah bring you "peace" and "happiness". Thanks.

* Canada

Questioning the Imam
On December 12th, 2010 Alnaz (not verified) says:

A true Ismaili would not insult the imam by asking him questions. Nagib left the floor open to the imam to say whatever he wanted, much better than asking questions because the imam could then say whatever wax in his mind.

Did the imam not remember his letter no. 1, or letter no. 2, or his brother's email, or his affirmation, or the allegations he made in the claim, or the announcements he authorized to be read in jks. It seems not because when the imam was given the floor, he did NOT refer to or mention anything from these things that we have been rejecting.

Mr. Gray and MHI were given the floor freely to place on the record officially to once and for all destroy our credibility and arguments.

And, wow, the record is clean, nothing said against us.

Nagib says, if Gray knew that MHI would have supported him and their position why then he went off the record. Read the transcript, as soon as MHI says, may I make a suggestion, Gray says go off the record.

What was he scared of?

* Canada

By the way, I traced your
On December 12th, 2010 librarian-umed says:

By the way, I traced your information:
IP Address: 65.92.232.218
ISP: Bell Canada
Region: Aurora (CA)

This is the same as the one who put the death threats against me and Alnaz on the Internet and the traceable IP has already been transmitted to the authorities.

Nagib

The questions were already
On December 12th, 2010 librarian-umed says:

As received

The questions were already given to Mr Gray in advance. When we arrived in Gray’s office, he was already in another room with Hazar Imam, later he told us he had prepared Hazar Imam to reply to our questions.

However Gray knew that Imam will say everything in our favour so he cleverly put off record as soon as the Imam started speaking. I was too engrossed in what the Imam was saying and did not notice that Gray had put off-line the whole conversation.

The Imam stayed half hour instead of 15 minutes, he talked about all the questions and even on issues different from Farmans and the lawsuit. He said he remembered very well the Mehmani of 1992 and the instruction he gave us to continue publishing because it was at a time when he was looking for competent people for this work. This week Gray has pleaded in front of the judge that the Imam could not remember what happened 18 years ago and Mohamed Manji was seating in the room also. Both knew Imam’s position was opposite of their position. God have mercy on them, they will need it.

Nagib
-----------

The Court may draw an inference in regards to the presence of the Imam. Gray forcefully pleaded that the presence of the Imam meant that he was the plaintiff. Though, in reality the Imam was only interested in resolving the situation and putting the issue at rest. That was the reason He came.

The other possible inference that the Court may dray is that Gray knew that the Imam will take our favour, and this is why he put everything off-record. If Gray knew Imam was with him, he would have put on record everything the Imam said. In fact the Court Recorder is supposed to note down who is in the room [she did not], what time the proceedings went off-record etc… she did nothing of this. She was supposed to confirm the transcripts with me before releasing, she released to Gray first, I was not even given her email or contact or name by Gray up to the time Gray released the transcript. There was quite a manipulation of the records, so Prothonotary Tabib ruled in a Case Conference that no evidence from Discovery can be entered by either party except by going in a new full Motion.

I could not do that because of logistics. There were few weeks between the Discovery on Oct 15th and the last Motions of December 7th; that was 2 trips for me from Kenya to Canada. Putting a Motion in between and coming from Nairobi to Toronto for cross-examination was just impossible. 3 trips in 6 weeks and having to prepare would be an expensive Herculean task.

Nagib

THE SO-CALLED “DISCOVERY” OF THE IMAM
On December 12th, 2010 ABDUL (not verified) says:

Since the start of this lawsuit, the leadership and their spokespersons have been playing a deceitful and dirty game with Mr. Tajdin and Mr Jiwa. On one hand they sued them in open court but on the other, they want to tie their hands in defending themselves.

If the Defendants file their version of the events, they are accused of defying the Imam; if they seek to show that an affidavit is misleading, they are accused of insulting the Imam appointees.

It appears that those who started this lawsuit believe in court system only if it makes them winners; or maybe they never thought they would have to show any evidence; the Agakhan’s name would make the judge bow his head and pronounce in their favour (like they would in dictatorships in Pakistan or Tajikistan)

To properly defend themselves, when it came to the Imam’s discovery, the Defendants would have done what the Plaintiff did …..hire a high-profile International law firm and then get a barracuda lawyer to conduct Mowla’s discovery. As everyone knows, there are many in the world who would have paid for the best lawyers for a chance to “get” at our Imam. In fact, with His divorce case is still pending, even the Begum Inaara’s lawyers would have been quite interested.

Also, this lawsuit has raised historic issues of Shia and Ismaili Tariqas and it would a first time for the Imam of the Ismailis to have to respond in a free-for-all discovery process.

Even the issue of copyright law is very current for many legal practitioners as there is an untested new Copyright Act that is seeing its way through the legal world. It was the reason the Canadian Lawyer magazine was initially interested in the Agakhan lawsuit.

So with all this clutter, what do Naqib and Alnaz do?

Like true momins, they chose not to subject their Mowla to such ordeal (although to be fair, the Imam is no stranger to the courts, having been the defendant in two messy divorces and a number of other business related lawsuits.)

Instead, they stood in front of Him, tongue-tied, with centuries of devotional theology guiding their conduct. They waited for the Guru to instruct. (How can a hired gun understand the emotional turmoil in their heads as they are seated two feet across the table from Him?- Perhaps the esteemed Canadian Judge, who is Catholic, may understand why they could not x-exam their “Pope”)

So to those who make death threats against the Tajdin and Jiwa families… don’t push so hard that they really get tempted to push back. Naqib is not some illiterate peasant in Gujarat in the last century; he is a very powerful Canadian businessman, supported in this ordeal by a large network of family and friends across the globe. And Alnaz is not an artisan shoemaker in Porbander; he is an articulate Toronto lawyer, who has fought many a hardy lawsuits for his clients.

If these two really fight, this community will be torn apart. They can start by criminal charges against all those involved in the death threats, including any local leaders. At the same time, there are those who have publically libelled and slandered them including the editor of the Vancourite, who assumes he has a license to say anything because he controls a website. Then there is the opportunity to subpoena all those such as MM; SS and the Aiglemont staff who could have been involved in the initial fraud and cover-up. And finally, there is the whole question of whether there can ever be copyright in Farmans, especially if they are made for circulation.

Nagib and Alnaz have done the Ismaili community a great favour. They have conducted themselves with dignity under attack and they have chosen to limit the damage only to those directly responsible.

* Seychelles

so poignant and so
On December 15th, 2010 Murad (not verified) says:

so poignant and so succinctly presented. Leaders and especially Dr SS and MM did not realise before the lawsuit started nor did they seriously attempt conciliation nor even contacted Alnaz before filing the Lawsuit..

Bloglaw quoted Imam's farman in which Imam directs leaders and wishes resolution of differences always by arbitration, friendship and discussion internally and therefore not to broadcast externally.

Why are leaders not willing to meet and sit down with Alnaz and Nagib and resolve the only Issue. See Bloglaw comment in Vancouvertie below

Comment by bloglaw in Vancouverite December 13, 2010 Thank you. Indeed it would be wonderful if the case was settled today and there was a LIF announcement to that effect. Maybe there will be.

There is one, and only one issue. That is admission of infringement. The reasons why admission should not be an issue are as follows;

a. The sanctity of Mehmani of 1992, and the tsignificance and radition of acceptance of Mehmani generally by Hazar Imam directly and also in JK will have been and needs to be respected and preserved
b. The Farman made in 1992 during Mehmani does not need to be changed since Leaders in any event will be working together with our 2 brothers going forward (As directed by MHI)
c. The sanctity and tradition of following Farmans until they are changed will have been respected and preserved.
d. Legally a consent without admission does not give Imam legally any more or less legal protection from external infringements in future by either the 2 murids or anyone else > So why make this an issue.
e. Alnaz Jiwa and Nagib Tajdin have confirmed that they will abide by all Imam’s directions and guidance. Therefore if in the unlikely event Imam’s guidance becomes necessary in future on any matter, Imam may do so at his pleasure.
f. By settling this case in this way we will be following Imam’s guidance on resolving issues internally by conciliation, by discussion and friendship as brothers and sisters. This will have a very positive consequential impact internally and externally.
g. Hazar Imam did not make this a specific pre condition on 15 October 2010

h. All resulting and consequential issues arising can and will be resolved by by the Leaders by discussion, friendship and together in accordance with Farmans by Hazar Imam.

Unfortunately there have been no meetings and yet there is every reason for meetings and agreement based on the above reasons to agree and conclude this case.

I have been praying and continue to pray for conciliation and agreement. Leaders are aware and I do not need to post your comment and my response in the Heritage site.

* United Arab Emirates

@Porbander
On December 13th, 2010 Alnaz (not verified) says:

Abdul what made you use Potbander as an example? Wow, no one knows my special connection with this town, and I am shocked and amazed at the same time seeing you used this town out of the hundreds others you could have referred to!!!

* Canada

Touching comments....
On December 13th, 2010 Alnaz (not verified) says:

Every so often, I read comments by readers which are so touching and goes to the heart and essence of the situation facing us. This is one of them. Both Nagib and I have an agenda: do only what is required to defend but to avoid at any costs any steps that would be harmful to the interests of the Jamat and the Imam. Despite the optics of it all, both of us deeply love our Imam, and would gladly give our lives for Him and His Jamats.

I am ever so grateful for the many people who understand the situation and support us with encouragement and prayers. I am also so very grateful to my family who have endured, in some ways even more so than what I have faced, and have remained steadfast behind me despite the public humiliation hurled at them as well. I know that some extended family of mine as well as some family friends have cut off relation with us which causes pain to my family, but in the name of the Imam, all is tolerated, lovingly. I am in awe of their support despite the extreme situation.

The icing on the cake was the Mulakat with our Imam, which went so very well for us, which has brought so much peace and contentment in our lives. Day in and night out I constantly offer my gratitude and shukr for the blessing to serve our Imam and His Jamats. And for all the prayers that are sent our way, by so many of my brothers and sisters, I have no words to express my thanks, even if I tried to I could not express how I feel about it.

* Canada

True momins and foundation of "batuni faith" Esoteric concept.
On December 13th, 2010 Alibhai Jiwani USA (not verified) says:

True momins
I agree Nagib and Alnaz are true momins. They indeed have fulfilled all the criteria of true momins per Ginans and Farmans. They have steadfastly followed batuni Ismaili faith and showed their love for their murshid.

Leadership on the other hand has shown ruthless ness, contempt and arrogance. Sticking steadfastly, without doubts to our batuni faith I am still convinced that the ruling will be in favor of the defendants. I do not see a quick closure as yet.
The reason MHI is not intervening in the manner everyone would expect is there must a be a lofty goal. His personal cases or stud cases were purely “Dunyavi”, even though he is omnipotent he has accepted defeat in stud case and trials and tribulations in divorce cases following the norms of the courts and society because his life is exemplary.

But this case apparently dunyavi to many in reality is “Dini” and involves the foundational beliefs of “Ismaili Batuni faith” where “spirit” is the most important and our doctrinal issues are at risk of getting tarnished. Didar and Mehmanis are purely spiritual matters where the soul of the murid is expected to be in direct contact with the holy spirit and communication is done at spiritual levels. Hence when hundreds of thousands are sitting for deedar each soul present is communicating with his pleas earnestly to his Mawla who is Hazar Imam the Noor of Allah the Master spirit. The murids receive the blessings on each of these pleas made silently by the hearts and we believe he listens and grants us our wishes. No one gets written approvals! But we all experience the bliss and benefits in our lives and no doubt, otherwise we will not be continuing to be Ismailis and we would not travel thousands of miles for the “deedar” which is not easy to receive.

Faith is a matter of love and spirit. There are no written contracts. How can anyone question the validity of such approval?
To deny its validity is to deny batuni faith. How can a catholic judge understand these complex spiritual concepts?

The reason why Farmans are made by MHI but withheld by the leaders in high authority? Why they themselves do not obey the Farmans and where are the accurate copyright law regarding Farmans written? Why did MHI not mention even once in His GJ Farmans that no one must share and circulate His Farmans? How can there be copyright on God’s words? They are made for the sole purpose of circulation and implementation.

Jamat must not seek to courts instead seek conciliation within the community, Pluralism, Tolerance for others, protection of weaker, brotherhood, unity all these teachings of Ismaili faith, why none of it is followed in this case by the leaders and Institutions?

MHI who is teaching these ethics how can He be the one to break it? . There is no way he would ever do it in a million years. Hence he is not the real plaintiff.

On this single premise my heart tells me again and again no matter what will continue in the court in the final analysis the defendants will be the winners and Hazar Imam in spirit and essence is with them. He is not the real plaintiff His name has been used by powerful leaders to achieve their mean goals.

In His personal cases he will not use his “divine authority” but for His momins he will most certainly use it I guarantee!!

Patience is one of the most important character traits of the Imams in the past and present. They have never rushed in for anything without wisdom. Hence “sabar” however hard it is to practice is the most beneficial tool besides bandagi and Ibadat in times of difficulties and calamities. Complete submission to His will without doubt and “vasvasa” is one of the most important requisite to obtain His mercy and full-blown assistance and victory. Love for the Imam is the foundation of our faith and the promise by Imams has always been you have nothing to worry if you have love for your Hazar Imam. (In this one sentence is the entire essence of our Tarika (Farman ISMS)

I confirm Nagib and Alnaz will be helped by MHI in a way no one can even imagine or fathom Inshallah.

* United States

Checks & Balances are ineffective
On December 11th, 2010 Bloglaw (not verified) says:

@Abdul; There are excellent systems in place with excellent checks and balances. You are right that they are ineffective. This is demonstrated clearly maybe a tip of the iceberg. The reason. Over the last 15 to 20 years, the systems have been managed, controlled & routed by the same Leaders in question. A pervasive culture and mindset has developed which seems to be motivated by command and egos designed to maintain the status quo at all costs. Hence there is more & growing levels of mediocrity and nepotism, rather than more meritocracy.

Information and internal reports edited under this mindset and culture, are therefore bound to be incomplete and inaccurate at best. This is demonstrated clearly in the sworn testimony of SS, and no meetings for conciliation since 15 October 2010. This would certainly have not been the case if the checks and balance were followed, enabled and empowered by the Leaders.

There are leaders down the line doing excellent work within the system. There are also a host of excellent, competent, and loyal murids out there who are ready willing and able to help and serve. Leaders need to change or be changed replace the present culture of fear with that of comfort and brotherhood. This will therefore enable and empower a more constructive interaction and expression of ideas and actions, all working side by side.

Imam encourages leaders and us all to seek and share knowledge. Imam knows leaders are not sharing. Imam informed and reminded us in Farmans in London and Singapore because Imam wants us to seek and share knowledge amongst ourselves. This includes Farmans. According to the lawsuit, all Farmans are available in all JK's.

Therefore Leaders down the line, and the Jamat should give feedback and approach leaders with questions of concerns about any matter including issues highlighted in this lawsuit. This will also help to make sure that the systems and institutional checks and balances are effective and working for the benefit of the Jamat.

* United Kingdom

Love for Imam and Jamat
On December 11th, 2010 Momin (not verified) says:

@ Bloglaw It sems Leaders involved do not share Farmans and guidance with the Jamat because there is not enough unconditional love from the heart for the Imam or the Jamat. They say all Farmans are available in all Jk to the Jamat, when they are effectively not.

If there was Dr SS, MM and those involved closely in this since Jan 2010 would have followed Farmans and Imam's guidance on differences with murids to be resolved always by discussion and friendship. And there would be effective checks and balances, and this lawsuit would not have not started, and if it did then it would have been settled by now.

The only issue since 15 Oct 2010 is admission of infringement. Dr SS & MM want this admission at the expense of our rites and ceremonies (Mehmani) which Imam in his Farmans wishes us to protect, continue and preserve. In this case the question is also what will be the meaning and significance of Mehmani's to Imam and in JK. in the future ?

Alnaz Jiwa and Nagib Tajdin have signed the consent as directed by Imam. They are following the wishes and directions from Hazar Imam out of love for the Imam irrespective of the consequences. How many murids, panjebhai's, panjebahenu's, and fidais would also do so and agree with them.?

@ Zenaatara I agree with you and I hope our brothers and sisters will want to ask out of love for the Imam and let not fear any consequences. Imam is and will be with all His murids.

Dr SS MM and the leaders can still seek guidance & conciliation to conclude this case . It is never too late for conciliation and dialogue.

* United Arab Emirates

CHARLTON VS HH AGAKHAN'S STUDS CASE
On December 10th, 2010 ABDUL (not verified) says:

Just finished reading the interesting Feb 2000 judgement of Mr. Justice Declan Budd.

What stands out starkly are very strong language used by the Hon. Judge about the conduct of Defendant (the Imam's horse farm). He called the Defendant's conduct “misleading and a snare and a deception to the Court” and spoke of “the illegal, deceptive and misleading deletion of portions of the memo”

The Judge went on::

“I take the view that the Court should mark strong disapproval of the conduct of the Defendant Société in

(a) Fighting the motion before Laffoy J. when documents in the possession of the Société, including the Coulton memo, and knowledge of the role of Mr. Faughnan as head of security and as a person with a perceived vested interest in the mode and outcome of the inquiry made him an obviously inappropriate person to conduct the inquiry.

(b) Prevarication, obfuscation and obstruction in the conduct of the motions before this Court in -

(1) failure to nominate persons to make affidavits of discovery,

(2) by failure to nominate Solicitors to accept service on behalf of agents of the Société outside the jurisdiction and causing delays and difficulty by contending that agents of the Société did not have authority to hire and fire employees when averments in the affidavits and signed documents manifest the contrary in practice.

(c) Persistent prolongation of these proceedings by maintenance of what transpired to be quite untenable stances on issue after issue, for example, by firstly the contention that Mr. Faughnan was an appropriate person to conduct the inquiry and, secondly, the contention that Mr. Downes was an
appropriate person to conduct the inquiry. Notification had already been given by the Plaintiff’s Solicitor that Mr. Downes was likely to be a prospective witness and that he had involvement in the subject-matter of the inquiry, having been Mr. Drion’s assistant manager. Thirdly, by simply ignoring the suggestion made that in a prestigious and world-wide
organisation such as the Defendant, there must be other employees or agents not previously intimately involved, or at least the Defendant could have engaged a person (as with Mr. Magee in the Drion inquiry) who would have been an appropriate person to carry out an impartial inquiry or investigation in respect of the Plaintiff.

(d) Persistently breaching Court Orders.

(e) Deceiving the Court by non-disclosure of relevant documents such as the Coulton memo of 18th June, 1998. Trust was further eroded by the delay by the Defendant in the production of the Coulton letter hiring Diane Kavanagh and especially the failure to produce the third page thereof
which, when eventually produced, revealed that Mr. Coulton had signed the hiring letter on behalf of the Defendant. It is not for the Defendant to choose which documents will be discovered or which documents will have expurgations particularly when such documents embarrass the Defendant’s
case.

(f) Compounding and aggravating this deception of the Court by deleting relevant passages from the Coulton memo which included excisions which altered the meaning and excluded obviously significant and relevant
passages from the memo.“

The Judge even considered a prison sentence on the Defendant but then gave them a last minute reprieve because they had cooperated just before the hearing in his court. In any event, he was so disgusted with them that he ordered full costs on a solicitor and client basis (i.e actual costs not standards fees) against the Imam and his organisation.

What was clear was his very high regard for Mowla and His family. Whilst he implied that he did not consider the Imam to have been directly responsible for the conduct of his servants, he did remark on the mysterious destruction of a key document by the Imam personally.

It seems Mowla recognises that the power of the courts in these situations and it must be because of this case that why He specifically asked Tajdin to withdraw the allegations of fraud against His secretary, which Tajdin graciously did

What is emerging is a pattern of conduct by senior people around the Imam. What is so baffling is how people in the Imam’s regime are able to get away with all the shenanigans, fraud etc. We all understand that the Imam personally must be quite busy with his vast philanthropic work, his extensive business investments and his complicated family matters. But surely there must be a system in place to act as a check and balance on the vast amount of power and assets that Aiglemont manages?

However, after reading SS sworn testimony (under a very friendly x-examination), it seems frightening that the spiritual and material affairs of millions of Ismailis may be in the hands of such an obviously incompetent person.

Inshallah, with T&K Mowla will soon get leaders who are equally competent as loyal and certainly not outright dishonest as the above case shows.

* Seychelles

The difference between the 2 cases
On December 11th, 2010 Alibhai Jiwani USA (not verified) says:

The comforting part in copyright infringement case is it deals with the "Din" more than "Duniya" and I am anticipating
MHI's spiritual authority to come into play which was not needed in the above mentioned stud case which was purely "Duniyavi" matter.

I have faith very much in the spiritual component. Inshallah these 2 murids will be helped by their Murshid.

* United States

Allahtalla differentiate between "believers" and "acceptors"
On December 9th, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, MR. BLOGLAW! Al Waezeen Abu Ali is a man of unique and exceptional personality! His strong belief in Ismailism cannot be compared and measured to any standard of some books which have come into market on Ismailism. Al Waezeen Abu Ali was a protagonist of impassioned and passionate aficionado of Ismailism.

The symbolic of Mehmani and its relevance is celebrated in everyday life of an Ismaili Muslim. Respectively it is beneficial manifestly in both lives of an Ismaili Muslim – secularly and spiritually. Palpably the Mehmani is considered and significantly in contemplation of inner thoughts of an Ismaili Muslim to seek Almighty Allah’s grace and blessing on all felicitous occasions.

Mawlana Hazar Imam is the spiritual father of all Ismaili Muslims and He is also our Imam of the time. We seek His loving blessing via Mehmani, Dua, Imam’s Noorani Deedar, and in many other religious ceremonies. Mawlana Hazar Imam is omnipotence, and philanthropic. Our Tariquah is practiced for innumerable years, which goes way back to inception of Ismailism.

I agree with Alnaz (not verified, dated December 09, 2010, who says: Quote, In the Quran, Allahtalla had differentiated between "believers" and "acceptors" of Islam, and in the Quran only certain Ayats are addressed to the believers which we Ismailis abide by in letter and in spirit. For those who have no faith, firstly will not read; secondly, even if read or heard will not enter the "heart," unquote. I am praying that this case is settled by amicably. With my affectionate prayers for all my Ismaili Muslims brethren, and with Allah Hafez, Nizar Ali K. Shivji!

News: The hearing is closed
On December 9th, 2010 Nagib (not verified) says:

The hearing is closed and the judgment will come soon we hope. Lets see what happens. A lot of issues were discussed in front of the judge and normally Motions would pass if the matter is very simple. By complicating Motions, the outcome can be that both motions are dismissed and a mini-trial is possible.

Gray pleaded so many thing in contradiction of what the Imam instructed on 15 October. I could not believe it. For example, Gray completely disregarded Hazar Imam's statement from that day that he remembered the instruction given to us about continuing the publications of Farman, Gray pleaded the opposite.

Gray admitted that what they were seeking was a declaration that we have infringed. It was apparent that this was more a vendetta.

Nagib

The case will go for trial it seems .
On December 11th, 2010 Alibhai Jiwani USA (not verified) says:

From what I gather from the "Vancouverite's version of court proceedings and judge's remarks , judge may not be sympathetic to the defendants. Summary judgement seems unlikely for either side.Trial seems very likely.

* United States

@Nagib re: above post of Dec. 9th
On December 10th, 2010 Kanize (Canada) (not verified) says:

786
Thank you for updating us, Nagib.
Indeed, for the past few weeks, it has been utterly clear that the whole matter is nothing but seeking a revenge. "Eeloko nè kètli adèkhay hassè, ya Mowla !" I hope that the judge could see that... Madad, Mowla, madad.
If this period of waiting is so hard for us, the readers and the "carers" (forgive the newly invented word!), how much harder it must be for you, Nagib, Alnaz, and your families...
Thank God we have our tasbihs to give us solace.
Ya Aly madad.

* Canada

Normally how long for the judgement?
On December 9th, 2010 Alibhai Jiwani (not verified) says:

Any idea how long does the judge take normally?

* United States

Judgment, how long...
On December 11th, 2010 Alnaz (not verified) says:

There is no fixed time, I expect the judge to issue it in a few weeks, maybe four, or so.

* Canada

Thank you Nagib and Alnaz
On December 9th, 2010 rabya (not verified) says:

We continue to pray. Ameen

* Canada

News from the case: Massive fraud?
On December 9th, 2010 heritage says:

As Gray had been trying to tell the judge that it is not conceivable that there was massive fraud against the Aga Khan by those who started the lawsuit, Alnaz, at the end of his pleadings, presented a case from 2000 where it has happened before: that there had indeed been fraud in the Aga Khan's domain by the Aga Khan's agents. See link below:

Aga Khan Lawsuit: Fraud at Aga Khan Studs - 2000-02-22

Enjoy Surfing Your Heritage!

FRAUD in 1998 at Aga Khan Studs: Extracts
On December 10th, 2010 heritage says:

Summary and extracts showing:

- How a document forgery was perpetrated by a high ranking agent of the Aga Khan to cover up that agent's own possible involvement in a large fraud.

- How this forgery was done on behalf of the Aga Khan and His Societe Civile

- How this agent attempted to mislead the Irish High Court in order to prejudice it and divert blame to a secretary

- How this nevertheless became a very long court battle that was made to look like a former secretary was conducting a lawsuit against the Aga Khan.

Fraud in Aga Khan lawsuit at Irish Studs in 1998: Explanations and Extracts - 2010-12-10

Enjoy Surfing Your Heritage!

Thank you and Nagib. The
On December 9th, 2010 Momin (not verified) says:

Thank you and Nagib. The relevant sentence in that lawsuit is "In his affidavit, the Aga denied having given any instructions for the termination of Charlton's employment "

It seems highly improbable that the only one issue remianing of whether there was Infringement will be settled by agreement as directed by Hazar Imam.

So the lawsuit is likely to go on

* United Arab Emirates

TAJDIN & JIWA DESERVE OUR THANKS@Abdul
On December 8th, 2010 rabya (not verified) says:

Very well said, I hope that we'll have some news about what happened today...

* Canada

@librarian Umed
On December 8th, 2010 Alibhai Jiwani (not verified) says:

Please can you give some update on what happened in the court on 7th dec?

* United States

It's still going...
On December 8th, 2010 heritage says:

It is a 2-day motion, so it is still going on right now.
We hear that everyone has spoken once already,
Oral representations should be over after closing summations this afternoon.

Enjoy Surfing Your Heritage!

Will you kindly provide an
On December 8th, 2010 layman (not verified) says:

Will you kindly provide an update whenever you get a chance about the happenings during the hearings?

* United States

Significance of Mehmani ?
On December 7th, 2010 Bloglaw (not verified) says:

Editor of Vancouverite says Al Waezeens like AbuAli sometimes do not comprehend the significance of Mehmani ? “ When good people like Abu Ali talk about the significance of symbolic offerings they are generally talking to people who use these occasions for appropriate purposes. Good people such as Abu Ali sometimes do not comprehend how such significant gestures, one-to-one occasions, can be used for corporate business. ………. So let’s make one thing clear. You Bloglaw, are a blatantly shameless protagonist of violation of good faith…”

Bloglaw replies : So Mr Editor are you suggesting Imam does not comprehend the significance too? What about Mehmani when someone start a business for blessings and Baraka (Barkat). What about mehmani for man murad in presence of Imam and also in JK ?. Your response suggests you have not fully understood what Mehmani means and how important it is for us as Ismailies. I suggest you speak to one of our Scholars and or Waezeens regarding our rites and ceremonies, who can deal with all your questions intellectually and referencing them to related resources and material so you can have a full understanding of mehmani. Maybe you should also read Abu Ali's Article and AL Waez Kamaluddin's on rites and ceremonies. ITREB will also have articles you can read. Maybe you should also one of Allama Nasiruddin Hunzia’s book on this subject too. You will find all Al Waezeens like Abu Ali and our Scholars understand the significance of mehmani and Farmans that go or are delivered with them.

I am praying that this case is settled by agreement today.

* United Kingdom

Vancourite and Mehmani !!
On December 9th, 2010 Alnaz (not verified) says:

Bloglaw, Salim Jiwa (editor) had confirmed to me in an earlier telephone conversation that he knows nothing about our Jamati affairs, and that for a long time he has not participated in same. For such people these (mehmanis, duas, Imam's reach, etc.) are hard concepts to believe in and/or to understand. In the Quran, Allahtalla had differentiated between "believers" and "acceptors" of Islam, and in the Quran only certain Ayats are addressed to the believers which we Ismailis abide by in letter and in spirit.

For those who have no faith, firstly will not read, secondly, even if read or heard will not enter the "heart".

* Canada

Paragon of Love of God and Patience.
On December 7th, 2010 Kasamali (not verified) says:

Here is a beautiful story, though it is from a different faith, telling us how much we should love our Maula.

This event is taken from unabridged Ramayana. It was in the form of a story, a part of my Hindi syllabus when I was a high school student at India. The event is related to 7th Avatar of lord Vishnu, namely Ram. The main story is a very long one but only a gist of which has been provided here.
Shabari, 13, a child of low cast Bhill community, was by nature had a religious inclination. She had been a witness to a many irreligious acts of her parents, particularly his father. So one day, she left home for forest with the hope that she could find a shelter in an Ashram of a saint. After few days of journey and hungry, she reached the Ashram of a prominent saint, Matang, who was kind enough to provide her shelter in his Ashram where Shabri started serving him. The saint observed that Shabri has all the characteristics required of an ardent follower of lord Vishnu, and accordingly, instead of imparting theoretical knowledge of scriptures, she was given practical religious knowledge, particularly devotion and love toward Vishnu.
One day, some years later, when she was of middle age, the saint announced pleasant news to her: "Lord Vishnu has taken Avatar in the palace of king Dasharath and his name is Ram. I would like to have his Darshan but I would not live long. But I see in you such love, devotion and Bhakti that he himself will visit you one day to bestow you with his Darshan. Your sincere love will bring him here." After few days the saint expired.

Due to a devious plot set by his step mother, and also to save the honor of his father, Ram willingly abandoned his rights to Ayodthya's throne. He along with his wife and his brother Laxaman left the kingdom and proceeded to forest to spend next fourteen years there.

Each day, Shabari would go to the jungle early in the morning and used to pluck juicy, fresh berry fruits so that she could offer them to Lord Ram, in case he arrives unexpectedly. To ensure that they are all sweet, she would taste each and every berry retaining only the sweet ones and discarding the bitter ones. She never realized that she should not taste them before they were offered (Mehmani?) to her Lord. It is the pattern or custom of almighty that He always overlooks all such faults and mistakes that one commits, arising out of pure Love of Him and which are not the intentions of His devotees. Perhaps it was a part of his Leela(લીલા). As per her usual routine, she would use to eagerly anticipate Ram’s arrival each day. Many years passed; she was now very old woman.
One noon, Shabari saw two men and a woman approaching the Ashram. She instantly recognizes her lord Ram as a taller man; she became ecstatic and at their arrival she said, "O my Lord, I do not have anything to offer other than my heart, but here are some berries from a poor devotee of yours. May it please you.”
When Ram started eating berries, Lakshmana, the younger brother of Ram, raised the apprehension that berries had already been tasted and hence unworthy of eating. To this Ram said, "Many types of food I tasted so far nothing could equal these berry fruits, not even foods of our palace." Saying this, he ate all the berries, and at the same time occasionally smiling at her, indicating that he was appreciating and thanking her food.

Many yogis wanted Ram to visit their ashrams, but he went only to Shabari's ashram. After he had eaten all the berries, Ram told Shabari, "I have come straight to your Ashram only, ignoring all the invitations I had from many many yogis and saints. Over powered by sentiment she said, "O my lord, they are all exalted and erudite yogis waiting for Your darshan, I am ugly, old and low cast woman having no knowledge of any scriptures, and hence I am not worthy of your so much attention."
Ram replied, “ A person's caste, colour, physical experience or his knowledge is irrelevant to me. They are all worldly things. What is important is recognition of my reality. There are many people in the kingdom who respect and love me as a prince, but none knows my reality, who I am. Erudite, learned religious persons please me, but nothing excels pure love of my devotee who knows my real identity. Many people pray to Lord Vishnu, but don't know who Vishnu is."
"All saints have their own selfish desires and motives behind their Bhakti, their affection, their prayers, their love. Some of them are after their names, some for fame, some want heaven, some salvation (Mox,મોક્ષ). Hardly anyone loves me for shake of love without any selfish motive. I like those who totally surrender to me and me only with full faith and devotion. They are the best among all the people, however, they are very rare .O Shabari, but you are one of them."
"In your case, O Shabari, your devotion and love is pure, you have no selfish desire or motive. You love me for shake of love. Your aim and goal is I and I only. Because of your pure love, spiritually, I was always with you, and now I am with you physically."
After this, the trio left the Ashram.
It is said that as soon as the trio left the Ashram, Shabri left this world too to meet his lord Vishnu in the next world.

Reply to Kasamali
On December 7th, 2010 Zeenatara Allahrakhya (not verified) says:

Brother Kasamali,
You have brought tears to my eyes. Of course I have heard this story of Shabri from my mother, but you have indeed articulated it so well. True love for the Imam is such a simple concept, and yet so difficult to achieve, and so rare as Lord Ram puts it. It is so easy to let self agendas prevail and even easier to confuse these with love. How can someone who truly loves the Imam tolerate even for a second anybody behaving insultingly in the Imam's presence? But yet, majority are still quiet because their self agenda of shielding themselves from retaliation has prevailed over love...

Anyway I thank you from the bottom of my heart for this touching reminder of true love.

Sister Zeenatara.

@Kasamali
On December 7th, 2010 Alibhai Jiwani (not verified) says:

beautiful story!
Thanks for sharing.
I think Mawla came to Canada on oct 15th for the 2 defendants.
Rest all was make believe.

* United States

Your interest in my blog is appreciated!
On December 7th, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, MR. MOMIN, (United Arab Emirates). Dated: December 05, 2010.

Whatever I have mollycoddle in my expression in both websites – the Vancouverite and the Ismaili.Net, I never deceived any persons who have expressed on these websites. I have honestly expressed whatever I felt was feasible, acceptable, and adequate to make my views known to all readers so that the provocation, appeasements, and premeditated charges would not embarrass me! I am very contented with what I have and what I have lost. Both the Vancouverite and the Ismaili.Net have been kind to me to accept my blogs, of course, once in awhile my blogs did not merit the space but this is not the criticism but appreciation for their readiness to lend to me a hand to caution to me to rethink and have second thoughts on my views and thoughts. Finally, your interest in my blog is appreciated! Allah Hafez, Nizar Ali K. Shivji!

* Canada

TAJDIN & JIWA DESERVE OUR THANKS
On December 6th, 2010 ABDUL (not verified) says:

We should all wish Mr. Tajdin and Mr Jiwa good luck tomorrow.

Throughout history, when simple people have risen up against unfairness, it has always been a David and Goliath struggle. In this situation, besides absolute power, there are the additional factors of fraud, deceit, betrayal and blackmail. Whilst we can admire the Defendants faith in the Canadian justice system, we should be under no illusion about their chances of success. There are very few judges in this country who would not be influenced by the prestige of Mowla’s name, particularly if they were unaware that it was been misused.

However, one thing is for sure. Nagib and Alnaz have set in motion the forces of change and win or lose tomorrow, they will have achieved the objective of opening up this community for scrutiny. There are many words thrown around about the Ismaili leadership, such as progressive, tolerant, pluralist, constitutional etc. Now we have clear picture as to how these lofty concepts are actually practised in our jamaat.

The results of the past few months are not very pretty. Naive momims, who have tried to test these concepts have been publicly condemned without a chance to explain themselves and death threats have been made against them; top leaders have been found to be so inept and clueless that they are an embarrassment to the name of the community and so-called educated Ismailis (including a self-styled “scholar” and an “experienced” “journalist) have shown themselves to be no better than the Taleban.

And most of the jamaat leadership has been exposed as so weak, that when they have to face some tough questions about their community affairs, they would rather bury their heads in the sand. Yet these are the same people, who will make jokes and condemn the Catholics priests or Sunni mullahs for their shortcomings. My, such hypocrisy!!

But all this is out in the open for the world to see.

Try as they can, they will not be able to “put the genie back into the bottle”. Young Ismails are already asking questions to Mukhis. The women (who generally tend to be more introspective) have started questioning the values systems they have been imparting on their children since immigrating here. The supreme power of money in Ismaili society; the "chamchagiri" and recycling of leaders; the deference to “saber” when it comes to bad leadership and the scramble for credit for even the most mediocre achievements. The future of this community is with the young. So far they were not even interested in coming to the JK. Now they want answers and change !

Mr. Tajdin and Mr. Jiwa deserve our thanks for waking us out of our cynicism and slumber-they have already won the Agakhan Lawsuit in the court of intelligent Ismaili opinion.

* Seychelles

Leaders appointed by Hazar Imam
On December 6th, 2010 Yasmin (not verified) says:

Ya Ali Madad. I have said this before that we need to have lots of "changes" in our community, which our leaders are responible for, e.g. more communications with Jamat, trust, etc. Lot of Ismailis have brought this issue to their attention, and I personally feel that the matter should now be left in the hands of Our Beloved Hazar Imam.

I recall, my father once telling me that, a Murid who was not happy with a particular leader, brought the matter to the attention of Hazar Imam. Hazar Imam told the Murid that he would look into the matter. Mowla also said to him that this particular leader's "seva" was from the time of Hazrat Ali.

We human beings can forget somebody's "ahesan", but Our Mowla will never forget, despite what he has to go through. Thank you.

* Canada

Dr SS has not replied to Bloglaw
On December 6th, 2010 Bloglaw (not verified) says:

@ Alibhai Thank you. I have not received an acknowledgement or a reply to the open letter from Dr. Sachedina. Maybe because I requested him to share that information with other Leaders and did not request him to respond to me. But Judging by his reply to Zeenat, we cannot be certain if he has instead not sent a similar letter to all leaders.

@ our parents : It is wonderful to meet and spend time with small groups of elderly parents and talk not to them, not about them, but with them about religious & material values, needs and changes. One of Imam’s GJ goals is our elderly parents. I (Jamat) don’t get information updates on this or see pictures & events/projects for them in the official website and on how is TKN doing. On TKN 3 years on, there have been software matching challenges (why?) and it is systemically flawed because it allows those who request to then choose if or not. Not to say this is not working but can do better and more.

@ BUI; Remembering we are all born equal and pure in mind and body. We then begin to learn about right and wrong, love and hate, respect and intolerance. charity and business, faith & family values, and everything else. In our formative years we learn from mainly our parents and teachers. Just Imagine, how far further we would be as a community if top priority was given by our top leader as directed by Hazar Imam to an inclusive BUI and early years programs. @ Yasmin you are so right our values and ethics are a reflection of what we say and do. I hope and will look forward to meeting you too one day.

@ Professional; You are right in what you say about professionals and the leaders in question. Not all leaders and remembering also the leaders in question have have worked hard and contributed to progress. There are some excellent scholars and intellectuals who can engage creatively and effectively for specifically the professionals and the intellectuals. We have an institutional culture of command and control which in reality does not welcome and encourage enquiry and critique. Professionals mean more enquiry about the past, the root causes and the needs. Only by critiquing and learning from the past can we seize the future more successfully. Alibhai I am a professional and I hope we will meet and share more.

@ Ground realities ; Mr Shivji like most was going through a learning curve regarding the unbelievable gap between what Imam wishes and the reality on the ground. He also likes to please everyone and there has been no platform such as this before. Who would have believed our top leader can be arrogant, & does not follow Imam’s farmans and at best is deliberately giving the wrong information to the Imam and to leaders. For example If he with MM and A Lakhani had said at the end of march 2010 to Hazar Imam “Khudavand, we as leaders have not spoken to Alnaz Jiwa as yet and the Jamat do not have access to Farmans in all JK’s or in all remote locations, and we have not used our internal conciliation process etc, We seek your guidance on what we should do and if the lawsuit should still be filed “ Does anyone believe Imam would have even considered a lawsuit ? In fact he would be very angry and upset that the Leaders should even ask him to repeat his Farmans on conciliation and to leaders to resolve internally and not broadcast differences.(Assuming for one moment Imam authorized the Lawsuit).

@ Dr SS ; Now Dr SS says to Zeenat he is following Imam’s wishes and his conscientious is clear, instead of explaining and apologising regarding her specific concerns of for example saying Imam thinks in French and speaks in English which is the reason to edit Farmans and Imam has said on 15 Oct 2010, Imam does not edit but annotates Farmans. So why edit and remove leaders sections in the London and Singapore GJ Farmans.

I hope and continue to pray that this lawsuit is settled tomorrow and by agreement. Ameen.

* United Kingdom

Agree with Bloglaw and Murid
On December 6th, 2010 Zeenatara Allahrakhya (not verified) says:

You are correct, Brother Bloglaw, and I hope all our comments and wishes will be fulfilled by Mowla.
Ameen.
At the same time, I would pray that they are having an effect on Dr SS and other leaders to the extent that henceforth they will show adab in the presence of the Imam and also treat the jamat with more respect by readily sharing with us our Imam's exact words and thoughts (without any editing), inshallah.

Take care, Brother Bloglaw and all my other brothers and sisters on this site, and let us all pray together fervently for the dawn of a new era.

With love,
Sister Zeenatara.

Ameen Ameen
On December 7th, 2010 Pirani (not verified) says:

Ameen Ameen

* United Arab Emirates

A challenge to Dr. Sachedina
On December 6th, 2010 Another Ordinary Murid (not verified) says:

Dear Doctor:

Please do not remain under misunderstanding (illusion) that people and other leaders like you or respects you. Some of them do so because you are holding a very important post. Do you want to gauge your popularity? If yes, resign from the post and soon you will see that everyone including even Mr.Bhaloo, Mr. Manji or Vancouverite editor will start keeping distance from you, as soon as they come to know that you are resigning.

HI’s Advice
On December 6th, 2010 Kasamali (not verified) says:

Two extra rich and very prominent Ismaili industrialist brothers in Pakistan quarreled among themselves. The situation got so worsened that son of the elder brother drew a gun at his uncle. Both brothers were very influential as well as heads of respective central AK institution and hence had contacts with HI too. Muala advised them not to approach court to settle the dispute. Since both brothers were good Ismailis, they followed Maula’s advice.
Wether they have settled their all the matters or not is not known, but none of them went to the court.
My point is: How, then, it is possible that HI filed a suit against His unarmed ordinary Murids.

Well done Zeenatara!
On December 5th, 2010 Suleman (not verified) says:

Wow! I can't believe that you actually sent SS your letter and even received a response. I thought that people just write things on this site but are not really brave and sincere enough to actually do what they are saying. So I am amazed with you, Sister Zeenatara. Not only did you really send your letter to SS but you actually got a response and now you've even replied to that fickle response. Double wow! I will now jump upon the bandwagon and be brave also. Please provide me with SS's email so that I too may write to him and aprise him of my opinions. For the sake of being politically correct, kindly email it to me at hali78650@gmail.com

Writing to leaders........
On December 5th, 2010 @Zeenatara, Suleman etc. (not verified) says:

Copies of correspondence to SS should be sent to the LIF head, Azim Lakhani, and ask him to respond as well, ask Lakhani whether he has confirmed directly with MHI of the lawsuit that have taken place, and/or whether he has confirmed with MHI directly concerning the announcement that was made in JKs in April.

Asking questions is encouraged by MHI in 1992 India visit.

Alnaz

* Canada

Leaders dont know because ?
On December 5th, 2010 momin (not verified) says:

bloglaw replies in vancouverite;

Nazneen – I am happy you find peace when you listen to Waeez’s especially AbuAli’s. I hope in addition to Abu Ali’s Waaz’s you will also be able to read and listen to Imam’s Farmans & speeches in all JK’s when you wish and need to. I was reading Abu Ali’s articles and in 2004 he said that the significance of our rites and ceremonies have never been taught in RE-BUI since 1948 ?

Is that true and if so, is that the reason why Leaders and many dont understand the significance of mehmani ? If so Abu Ali and other missionaries/Al Waezeens can and do expalin. Therefore is it not most important to preserve this tradition in also this lawsuit ? Abu ali also sayd ITREB are discontinuing some traditions which they should not ? If any one of you doubt what Abu Ali said I will be happy to let you have the article.

Mr Shivji – I see you like to find ways to be nice to everyone here and on the other site. What about pauvre moi (poor me)? (: just a joke. Thanks you Mr Shivji.

I continue to pray for a settlement by agreement today or tomorrow. Ameen

If true no wonder and is the significance and all rites and ceremonies a part of the curricula and programs since 2004 ?

* United Arab Emirates

Who & what are murids resenting ?
On December 4th, 2010 Bloglaw (not verified) says:

News Editor Vancouverite December 4, 2010 – “I just wonder if these people live within the Ismaili community and understand the resentment that has built up – or are they living in some dream world of their own surrounded by supportive people. What I am picking up is unheard of resentment from the community”

Reply by bloglaw December 4, 2010 - Editor – Thank you for sharing. Seriously how many have you spoken to, or is this what you have been told by a leader or two. Or is this your gut feeling? Leaders are not responding because they have been directed not to.

Resentment shows when you speak in a derisive or demeaning way about a person or a group of people, you have distressing thoughts about them, you get furious for no good reason, get inexplicably angry and depressed, you find yourself going in circles to overcome irrational or negative feelings, you grit your teeth and smile when you really want to scream, you fake enthusiasm and excitement when you really need to say what you are feeling, but cant.

And what is Resentment :It is harboring animosity against a person or group of people whom you feel have mistreated you and leaving you in a seething, aching and an emotional turmoil, long-term suffering in silence, open expression of hurt (feedback or critique) is unwanted and uninvited, a grudge you hold against a person or group of people. You feeling offended, do not speaking and remaining silent, and lack of forgiving, inability to let go, or to forgive. Resentment can also lead to lack of objectivity and purpose.

So Editor, who are the Jamat resenting ? Can you elaborate more specifically. This can apply in this lawsuit to many , those commenting, silent, and to Dr SS, MM, Gray, Alnaz Nagib, AK and other leaders. Maybe what you are picking up is resentment from lack of information, feed back, knowledge or understanding or open expression of hurt (feedback or critique) is unwanted and uninvited or really encouraged by Leaders in question.

We also need to be careful we say what we mean as those reading comments are global and from a diverse background and languages. So please don’t think I am trying say you don’t know the meanings of resentment. You probably know better than me.

* United Kingdom

Why share with every
On December 4th, 2010 Bloglaw (not verified) says:

Why do I respond to all Murids and share my thoughts with all. @ Alnaz. First and foremost, Prophet Muhammed (Saws pbuH) and Imam wishes us all to seek and share our knowledge, and to treat every murid and their views with respect. Imam also wishes and guides us to be inclusive. Remembering in London 2 months ago Imam asked the global Leaders present to share Imams guidance and “thoughts” with the Jamat.

Secondly; Secularly, the top CEO’s of the world today say that for success we must build trust and more ideas and thoughts need to be generated from amongst ourselves and our respective organizations, and every thought and idea from everyone internally should be considered and given an equal hearing and chance.

Third; When we have something to say and when Leaders listen and respond, even if they do not agree, we feel an enhanced sense of belonging, a sense of comfort and of care. All Leaders need to know. Some did. Now they all do.

Fourth, Murids who are commenting and reading these comments come from diverse traditions and mindset within the West and globally. There are also different national levels and ages. They too think and interpret the same information and facts differently. A sentence or word to you and me can mean something else to someone else in for example Tajikistan, India Metropolis, India villages, Hunza, China, Syria, Persia etc. Quran says and Imam has reminded us regularly that we are all made different so we may know each other (by learning from each other, by sharing and understating each other)

For example; religiously and of relevant to the lawsuit. The word ” farman” is defined in the constitution and used during 4 JK ceremonies . Our Top 2 leaders (Dr SS and AK) certainly do not understand what one of the meanings of farman and what is a Talika. I think they know, and did not mean to say what they said on the record which they may have believed (wrongly) was for only non Ismaili consumption and irrelevant (wrongly) in the lawsuit. I also think they were caught off guard and could not articulate. These questions are a part of all the leadership orientation programme and out-reach programs over the last 10 years and which are approved by Dr SS and his Dept at DJI in Aiglemont coordinating 16 institutions. Dr SS and AK have attended them and Dr SS in fact was instrumental in the content and delivery of them, as head of ITREB and IIS (They ll report to DJI)

Fifth; The question we need to ask is ; Do we, and can we “effectively” articulate with comfort key and the challenging questions regarding our faith and practices, both internally and externally, and between our brothers and sisters in all parts of the world.

Sixth; Some of the name calling and language on the Vancouverite site may be normal for them, and not insulting to them. I have listen to inter action by the youth and the language and words they use jovially and daily to communicate. Imam wishes and guides us to be more pluralistic and to act with cosmopolitan values at all times. MSMS said that change is constant and inevitable and that we must be active participants in managing change in a direction which is in our collective and the common good of all.

Remembering Prophet Mohammed (saws pbuh)did not retaliate when rubbish was thrown on him or change his course the next day. He demonstrated the power of patience and love. Remembering what Imam said on the evening of 15 October 2010 to the world about working together and changing the media mind set. Remembering this unprecedented case and debate is new and a milestone for all. Remembering leaders must encourage feedback, debate and listen to thoughts and ideas from every murid.

Seventh; I understand why & when a 74 year old or an Itmadi or Leaders does not debate and says Sabar (Patience). Also when Alama Nasirudin is excluded and waiting for 9 years for a response but continues his work. In his lecture on U Tube he says Farmans are delivered by Imam to be shared. Farmans are not meant to be locked away or edited. He says the farman during their Mulakat of 45 minutes, recorded by Dr SS has not been shared as directed by Imam.

Eight; Remembering we are in the knowledge society and we need to be enabled, and able to act and articulate our faith with comfort ( internally as a priority, and also externally ) Remembering BUI as directed by Imam needs to be as good as the secular in every way and of early learning, where enquiry and creativity should not to be stifled but the potential allowed and nurtured to be actualized to the full).

Finally; Remembering Imam wishes us to excel, and be ambassadors who act and project the Jamat and Imamat as being a pluralistic community having cosmopolitan ethics. Remembering Leaders have ready willing and able resources who they should use and not exclude for the wrong reasons. Remembering what Al Waez’s (including Abually) have advised about change, BUI, and the real needs of our Jamat.

Alnaz; I hope you can now fully understand why I respond and share. I am sorry if this response is long because viewers & Leaders are global and from diverse traditions, backgrounds and mindset.

I pray that this case is concluded on or before 7th December. Ameen I look forward to meeting you and Nagib some day soon. And Nagib thank you for the invite.

* United Kingdom

@ Bloglaw :Did you receive any response from SS?
On December 4th, 2010 Alibhai Jiwani USA (not verified) says:

Excellent post.
I was curious about the response by SS for your open and mailed challenge.
Please do share with us if you receive any.

My father 75 also warns me repeatedly that I am unduly too involved emotionally and intellectually in the lawsuit.
He thinks my spirituality is of no significance in this case. He does not believe in "divine intervention"
The leaders will get their way and MHI for the sake of maintaining the credibility of vast Institutional network will support the leaders. He is worried I will be devastated if the ruling is adverse to my belief. And my faith might be affected.
Also he thinks the leaders may hurt me in indirect ways.

But I disagree with him.
I emphasize the need to share my views and need to support the defendants in principle.
This is my moral obligation.
We always have to stand up for the weaker segments of the society no matter where they are.
Everyone is going to get on a bandwagon behind a successful person whether ethical or not.

I also have never known these 2 defendants personally but they are in my prayers every single day
I had not even seen the book till about a month ago.

But I agree to their principle and this website has provided me a lot of knowledge so I want to support them
More than all of that I think the lawsuit is about the basic tenets and doctrines of our faith
I feel hypocrites like of SS for too long have hijacked it and things have to change
The Institutions are totally deaf ear to the general jamat.

Only Chamchas can go around happily enjoying themselves behind the names of IMAMAT institutions but the real believers are silently suffering and they need someone like you and Alnaz and Nagib to bring them out of their plight, which is not happy.

One person "Shivji” on Vancouverite arrogantly wrote and used the word "sages” for individuals who are posting here quoting ginans and Farmans and Quran without any secular knowledge or something like that but he seems very oblivion of the fact that most of us are highly educated and successful in secular world as well (Alhamd-aallah)

You have never mentioned but you sure sound like an excellent lawyer and I am a Surgeon myself. So it is ok to be called a sage for also knowing our faith well because most people well educated in secular world are likely to understand the principles of faith also well because they are blessed with intelligence to understand most subjects well by their creator.

Also the ability to express our thoughts in simple language without undue jargon of words and phrases, which do not reflect any wisdom or sound knowledge, is a blessing.

* United States

Response by Dr SS
On December 5th, 2010 Concerned Momin (not verified) says:

Bloglaw's open letter was a request to Dr Sachedina to give information to all leaders. I wonder if he responded to the request.

In his response to Zeenat, Dr Sahedina should have responded to issues raised by Zeanat and also at the very least informed her if after the meeting on 15 Oct 2010, either Imam decided to change his mind about conciliation or why is the consent signed by Alnaz not enough to conclude the case and different from directions given by MHI on 15 Oct 2010, and why is he or other leaders not meeting Alnaz and Nagib to even discuss this issue ?

Maybe Dr Sachedina will do so in his response to Zeenat's reply to his letter ?

* United Arab Emirates

@Bloglaw
On December 4th, 2010 Yasmin (not verified) says:

Bloglaw, I wish to add to my comment, that there is no harm in having a debate, have it in a more "civilised" manner rather than having a debate in an "uncivilised" manner. Thanks once again.

* Canada

@Bloglaw
On December 4th, 2010 Yasmin (not verified) says:

Ya Ali Madad Bloglaw. Thanks for your posting. With regard to name calling, etc. by other site, I wonder whether they all are teenagers? Even if they are teenagers, they are "Ismailis". Our faith tells us to "respect" people. Whether we live in western society or eastern society, we must respect all human beings and infact all creations of Allah including the environment, and not hurt anybody. Our actions, even what we speak and also our thoughts towards others, is part of our daily deeds.

Our Beloved Hazar Imam has always said that He wants His Spiritual Children to be "united". We all are His Spiritual Children, and He loves us more than we love Him. When an Ismaili verbally hurts his/her spiritual brother/sister, that Ismaili is hurting our Mowla, because Mowla loves all His Murids. Bloglaw, one day Inshallah when I will be in UK, it will be a great pleasure meeting you, and share your great knowledge. Thank you.

* Canada

Mawlana Hazar Imam loves us more than we love Him!
On December 4th, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, MS. YASMIN! Once again Nizar Shivji is at your Service! I have read your blog and I feel very confident that if we all think like the way you have expressed your thoughts, the “respect beget the respect.” I think we all can be triumphant to conquer the defeat of lowliness and narrow-mindedness. It is not an easy task but we can always try! Ismailism like other well known religions is preaching us to restraint ourselves under all precarious circumstances. The life is very fragile and limited in living form; therefore, the good deeds will not go unnoticed! Mawlana Hazar Imam loves us more than we love Him! With my affectionate prayers for all my Ismaili Muslims brethren, and with Allah Hafez, Nizar Ali K. Shivji!

Response from SS to my open letter
On December 4th, 2010 Zeenat Allahrakhya (not verified) says:

Dear Ms Zeenat Allahrakhya,

With reference to your email, please rest assured that my work in serving Mawlana Hazar Imam is entirely in accordance with his wishes and guidance, and aims to fulfill the objectives that he establishes. In his infinite wisdom and at his pleasure, Mawlana Hazar Imam has entrusted to me certain responsibilities, which I shall continue to fulfill to the best of my ability for as long as he desires. Although you may have a different view of the actions that you ascribe to me, my conscience is clear that all my efforts are in the interest of ensuring Mawlana Hazar Imam’s absolute comfort and convenience. It is he who judges my failures and shortcomings.
In closing, I may add that the vocabulary as well as tone of your note are incompatible with the spirit of unity and shared respect among Ismaili brothers and sisters.

With Ya Ali Madad,

My response to the above (sent today):

Mr Shafik Sachedina,

Your response to my e-mail has been received and typically you have
dodged the main issue. Nobody is in doubt about your work and service
to the Imam, but it is hardly believable that the Imam has given you
Himself the right to act inappropriately in His presence. However hard
and dedicatedly you work for the Imam, you must always remember that
that this is a privilege granted upon you and in the presence of the
Imam, you must act with "adab", especially mindful that murids who
love Him will get hurt with such "beadabi" in the presence of the Lord
of the worlds (which given your demeanor, you do not believe Him to
be). I will once again insist that you cannot continue this kind of
behavior around our beloved Imam and if you do not want to agree to
this then you should resign. That would be the honorable thing to do
given that you have hurt so many of us. I will certainly not apologize
for my tone and vocabulary because I am extremely annoyed and upset
with you, which I have every right to be.

I hope you have understood what I am trying to say and will shed some
of your arrogance in order to realize that it is actually you who has
created this strife between brothers and sisters, and only your humble
acceptance will mend it.

Zeenat Allahrakhya
Murid

Dr SS should accept & resign ...
On December 4th, 2010 Momin (not verified) says:

Zeenat, you are right. Dr SS should accept and apologise where he is so obviously wrong and arrogant, and offer his resignation, and conclude this case before the court hearing on Monday as directed by Hazar Imam on 15 Oct 2010.

* United Arab Emirates

SS' silence speaks volumes!!!
On December 5th, 2010 Alnaz (not verified) says:

First you may be the first to receive a reply from a top leader. Congrats.

Importantly, SS did NOT deny any aspects of our reporting on the Oct 15 mulakat. If we had either misreported or exaggerated the facts in our reports he would have said so.

* Canada

Reply to Alnaz
On December 5th, 2010 Zeenatara Allahrakhya (not verified) says:

Brother Alnaz, I was happy to receive a response from SS and the wordings of his response, neatly dodging my main issues of complaint, convinced me even further and strengthened my resolve to protest against such blatant disregard for Hazar Imam and His wishes. Yes, he certainly did not deny anything about the reports of October 15 but is still not regretting his actions before and thereafter. It is imperative that we all stand up for our Mowla and voice openly our concerns.
Thank you very much for your response.
Best wishes and God bless.

@ Bloglaw
On December 3rd, 2010 Kasamali (not verified) says:

You are absolutely right. The onus of the proof, in all civil cases, is on the plaintiff. It is his responsibility to satisfy the court about his case contents. This is true even in developing countries like India, Pakistan, and Bangladesh etc.
The benefits of doubt, if any, in all such cases is given to defendant.

Things happen for good and it is the Will of HI
On December 3rd, 2010 Sadrudin (not verified) says:

YAM.

Yes, proof requirements lies with Plaintiff. I reviewed briefs and I do agree many things mentioned are hearsay and therefore those will stricken by the Court.

Also, I noticed that our Ismaili constitution is not discussing how to disperse firmans to Jamat. This itself says, HI deliberately protected Jamat from Tariqha board's dictatorship, otherwise many Jamati members would be subject to disciplinary actions. When HI is speaking about pluralistic Jamat, our Tariqha board is busy galvanizing the Jamat as a one type of Jamat and that you can noticed how Satada and Chandrat ceremonies are conducted along with announcements. This law suit is one of their example. I am still wondering, why Tariqha board has not taken action against on defendants similar to Meharali? The answer is simple, HI will not cooperate in this matter and therefore, they bang the wrong door.

Before, HI visited to Huston Jamat, he did not authorize Jamats to travel there but many did go and so HE immediately sarcastically mentioned about there presence in his firman. This incident itself is saying Imam is blunt and he will not shy about it if someone does not do correct. This was not the case when Imam came for discovery meeting. I do remember in 80's Imam was mad at the leadership (leadership went to see Imam in France) and during that mulakat Imam broke the table glass with his feast and send the leadership back to home. To Him at that time, the leadership was doing monkey business.

I am still wondering where can I find the copy of the new Nikha, Nimaz and Funeral services? Is Tarikha board going to sleep on it. Isn't those books belong to Jamat? Are we facing the similar time period that happen Europe passed through and invented the New World.

* United States

A Parallel ? - 8 years and still waiting ?
On December 2nd, 2010 Bloglaw (not verified) says:

On Vancouverite Ali says “ .. I see a parallel with Allama Nasirudin who rebelled against the leadership and formed his own cult group. Nagib, Alnaz and Bloglaw are headed for that route. No regrets.” News Editor says “ Some may dispute that Allama Nasirudin formed his own cult. Some may say he is part of a cultural variation that occurs among Ismailis from different ethnic groups and languages. This issue remains a matter of debate I think.”

Reply by Bloglaw :

Well said Editor I agree with you Editor that there may be other reasons including cultural traditions and variations. I am also totally with you that we should and reverse the culture of timidity and fear of the past with constructive and reasoned debate.

Is Allama Nasiruddin the same one I found on a google search, who has a 7 series of 10 minute lectures he delivered in June 2010 & has uploaded them on U-tube ?.

He says he has written 100-150 books on Ismailism, Soul, Batin, and Imamat etc. He also met Hazar Imam and Dr Shafik Sachedina with Fakir Hunzai of IIS for 45 minutes some 8-9 years ago. He describes the mulat and the Farman by Hazar Imam most eloquently and with immense love and reverence.

He has he says written Qasidas(Ginans) which have been accepted as by Hazar Imam as Ginans. These are recited in many JK’s. He adds he gave some of his books to Dr Shafik Sachedina as directed by Hazar Imam in order for IIS s to collaborate, publish and work together.

This was 8-9 years ago and he is still waiting to hear from from IIS or Dr S Sachedina to progress this collaborationas directed by Hazar Imam. He also says in these lectures that Fakir Hunzai of IIS can verify the meeting and directions given by Hazar Imam.

* United Kingdom

@ Bloglaw re: above post of Dec. 2nd
On December 4th, 2010 Abdullah (Canada) (not verified) says:

786
Ya Aly madad, brother Bloglaw. Thank you so much for this informative post: I never knew this gentleman had had a Mulaqat with Hazer Imam, I thought he had just met S.S.
Keep up your good work, brother Bloglaw, many of us really appreciate your effort and are grateful that you take the trouble to respond so patiently, logically, and courteously to the other party, even when they are nasty and write in a truly disgusting way...(I had read two of their lines once, in one of your posts, and ever since then I just scroll down to your response, skipping their comments...:-)
It is a pity you are so far away and I cannot go to England, for it would have been wonderful to meet you!
Mowla tamaaro bahuj bhalo karè. Ameen. Take care.

* Canada

Would Imam single out Alnaz and Nagib ?
On December 2nd, 2010 Murad (not verified) says:

Has any action been taken against this Murid by Dr Sachedina or NCAB or ICAB after the Mulakat ?

Are any of his Ginans or books or sections in them against the Imam or ismailism ? Some of his books are co authored by leading Ismaili scholars and a world leading authority on Quran who works with IIS ? Do the books not contain Imams guidance and farmans ?
He says openly on the internet that he has continued his work as directed by Imam and continues to publish books etc.

Why then no action or lawsuit against that Murid but a lawsuit against Alnaz and Nagib?

why does IIS not review the books given by him and meet him and work together with him. This is a part of their mandate and especially since Imam has given directions to work together with this Murid. Maybe IIS are not aware or waiting for the books and instructions from Dr Sachedina?

* United Arab Emirates

When and who retained Mr Gray ?
On December 2nd, 2010 Bloglaw (not verified) says:

Follower on Vancouverite says “ Bloglaw/Spinner, you say on your beloved Nagib’s website the following: “Regarding the affirmation on 12 May. It was after the lawsuit was filed on 6 April 2010. The Judge directed discovery despite the affirmation. ……. Knowing the defence and issue I am surprised Mr Gray did not do a better and more conclusive job when drafting of that Affirmation. …….” Bloglaw, so the following sworn statements of the Imam (affirmation) are not clear enough for you? Or are you just that dumb? Bloglaw, the judges are not as dumb as you and the 2 clowns. If Imam did not file the Statement of Claim on Apr 6, when did he actually retain the firm of Ogilvy Renault ? Sheer stupidity !

BLOGLAW REPLIES

- Regarding your question of when the law firm was retained, and who instructed them to file the lawsuit ?. Look at the time line of what happened after the letter of 18 Feb to 6 April 2010. The defendants say it was not Imam but it was Dr SS and or MM who retained and instructed the law firm to file the lawsuit
Regarding Affirmation - Can you think of a very good and compelling reason why the top law firm in drafting the affirmation did not simply say the following conclusively, and why not file it with an appropriate affidavit in court.

1 I personally retained the law firm of Ogivy Renault on x date (or on ……… I authorized Dr SS and MM to retain them)
2 On xx date I personally authorised Ogivy Renault to prepare and file a lawsuit against the named defendants in case no ……( or on xx I authorized Dr SS and MM to authorized the firm of Ogivy Renault to file the lawsuit)
3 I personally reviewed and approved the contents of the claim on xxx date and authorized Ogilvy Renault to file the claim in case no.
4 I reaffirm that I am therefore the Plaintiff in case no …
5 Etc……..

Regarding timeline - Not forgetting Dr Sachedina said it was end of march when Imam decided on taking legal action. If So the law firm was retained, consulted, advised, prepared claim, personal review by Imam and a lawsuit filed on 6 April. All this within one week ? Unbelievable ?with no pre action letters ? or any contact with Alnaz ?. Dr SS said Imam wished this to be resolved internally and yet Dr SS or MM made no contact with Alnaz whatsoever before 6 April 2010. And no efforts to meet and conciliate after 15 October 2010 ?

* United Kingdom

@Bloglaw, A Request !!
On December 2nd, 2010 Alnaz (not verified) says:

Bloglaw, your posts are pretty good. However, I urge you to stop giving fuel to the group of eight, you will never satisfy them. The more you respond, they get their fuel and the fire keeps burning.

Did you notice, I just went to see lawsuit21010 website and although it is last updated on October 15, 2010, they have NOT posted the Appeal decision denying Gray's Appeal, nor posted the cross examination of Lindblom (he was crucified on cross examination, I bet he regrets getting involved in this case), and other important documents, revised facta, etc.

You and a few others continue debating with them. If no one writes back, what will they do, where will their fuel come from. They may read your comments here and try to respond to you, but Salim is delighted in getting attention (finally his web site became famous and attracts hits) to them loving to write back with same old garbage - garbage in garbage out, but don't feed them anything. Let them talk between themselves.

I also urge all not to even bother reading their comments (I rarely go there, last I went there was maybe over two months ago) or to even respond to anything they say. Why give them satisfaction? Salim had told me when I spoke with him, that he does not go to JKs, has not done so for a long time, does not know anything about the institutions, etc. That comment itself was revealing. What to do with such people. I think (someone told me) that he had criticized (or someone else on his site did) MHI for allowing the books distributed to be kept.

Am I surprised that he loves writing what I term as subjective posts, he is unable to be objective, just as the group of eight. Likes attract.

The Eight's Guru, Abu Ali Missionary (and incidentally my Guru too) once said to me when I was complaining about something, he responded: When walking on your path, you come across a dog barking, what will you do? Go on your fours to bark back?

I said, NO, I will walk away to the other side and get away. Well then remember that you will often come across a brother, sister, employer, neighbour, etc., in the guise of a dog barking away, you have a choice, bark back or walk away. Ever since I remember that, and simply walk away from those who in that moment are like dogs - with fantastic fringe benefits - no blood pressure, no stress, no worries and I can sleep well.

So why not expend your energies, instead of arguing with them, enlighten the concerned people with your assessments in lay terms for all to understand the case better.

You cannot "show" the blind the beauty of a sunset, nor how "bright" the rainbow is. Let them be.

* Canada

@Alnaz re: above post of Dec. 2nd (Request to Bloglaw)
On December 4th, 2010 Abdullah (Canada) (not verified) says:

786
Ya Aly madad, brother Alnaz.
Abu Aly Missionary's advice to you is indeed excellent advice. Still, I feel that brother Bloglaw's posts in response to the posts on the other site are really needed, for those who read that site's unpleasant comments (which also totally lack accuracy and twist everything) often visit this site and they can then get the true version of the facts from Bloglaw. If he stops his posts here, then where will they get to read about the real facts?
And Shukhar Mowla, he responds to them very calmly, rationally, and courteously too. I am not sure his responses are adding fuel to the other side, but he is, no doubt, straightening the records, not only for now, but for the future's archives too, if you understand what I mean.
Please forgive me if I have offended you any way, brother Alnaz.
Take care, and do hang in there. Many are praying that Mowla Bapa's wish be realized.

* Canada

Proof is in eating the pudding !!!
On December 2nd, 2010 Alnaz (not verified) says:

@Bloglaw (not to forget !!)

Forget the Affirmation. Forget the lawsuit, who filed, etc. Forget who retained Gray.

Remember, and not forget, that at the discovery, Nagib LEFT it open to the Imam to say whatever the He pleases. He chose not to insult the Imam by asking Him questions. All I can say is, shabash to Nagib.

BUT what did the Imam do. He would have needed one whole minute to say the following (please confirm the time it takes, read it and ask some to count the time it takes to say it):

Mr. T and Mr. J:

I have been seeking since the mid 90s to have you stop publishing My farmans. I wrote you a letter, and another one, and my brother also sent you a letter, in addition to sending messages from my officers. I brought this lawsuit as you refused to accept my farmans, and your response has been to allege forgery without any foundation, and you have been questioning everything my officers do on my behalf. I have confidence in my leaders, an they do exactly what I ask of them.

Well here I am now in person. I want you to stop publication and distributing my farmans. In fact, I don't want anyone else to distribute my farmans by emails, post them on internet, and only accept farmans that ITREB delivers the Jamat.

Will you confirm to abide by my Farman on these issues as I have been seeking.

Gray that is all, that is all I have to say, I will take leave. File my transcript in the court and obtain a judgment based on their defence that if they are satisfied I want them to stop, they will stop. I trust that they will now sign a consent judgment and abide by my wishes.

(Ok, ok, I know: you can say it in under a minute if you speak faster.)

Wow, instead the Imam says, "may I make a suggestion", and spends about 30 minutes, although Nagib was asking for 5 minutes, the court trippled it to 15 minus, and he doubles it to 30 minutes, and NEVER once said anything remote to the above spill.

Review one point only:

Assuming we are crooks, so much that the Imam has to bring an action to stop us. In fact a plaintiff and defendant are almost always fighting each other. In this action, the Plaintiff claims we have STOLEN his "works".

Now after alleging that we have stolen his "works" what does he do: tells me, "the annotated farmans can be produced, IF YOU WANT". To a thief he is offering more goodies - even more profound because the annotated version includes HIS THOUGHT PROCESSES. I am still reeling when I remember his look, his eyes focused into mine when he said, "If you want".

This fact alone answers the question, who is the real plaintiff. Would a real plaintiff GIVE more goodies to the one whom he alleges stole them in the first place?

Of course not everyone will agree, specially the group of eight, but frankly who cares if they continue till Qayamat to continue to attack us. It requires inner eyes to "see" the truth. Over a billion read the Quran, some know every word and sentence by heart, yet cannot "see"? is is the fault of the Quran they cannot "see"?

* Canada

If imam was the plaintiff
On December 2nd, 2010 Momin (not verified) says:

If imam was the plaintiff and he wanted to win the case he would have done that and the meeting would have ended in less than a few minutes, as you have stated. No reason for any plaintiff not to do so especially one represented by the best lawyers money can buy,

Imam did not want those questions put to him by Mr Gray and Mr Gray did not or could not do so even if he wanted to do so.

Shukhar Alhamdullilah and i hope our leadership will reflect on what you have said and do as Imam directed in that meeting.

Most lawsuits are settled out of court and many at the last minute. I hope history will show this was settled by agreement and conciliation.

* United Arab Emirates

@Alnaz
On December 2nd, 2010 Yasmin (not verified) says:

Ya Ali Madad Alnaz. Thanks for your posting. As I have always said Our Beloved Hazar Imam loves all His Murids. He is "definitely" taking care of you and Nagib. If people on other sites "attack" you both verbally, call you names, just accept it, because Mowla is watching and your "gunah'" are washed away. Never give up. My prayers are always with you both. Thank you.

* Canada

@ Yasmin @ Alnaz
On December 3rd, 2010 Momin (not verified) says:

Ameen - Yasmin. is right Alnaz You should accept and dont get upset. Bloglaw is responding to all their comments with respect with reason and with facts. This will make them reflect and discuss amongst themselves, their friends and with leaders. They will know the truth.

The editor of vancouverite has said he talks to some of the top leaders. So they too will know and understand the truth. The silent majority are also reading the comments and so are the Noorani family and Hazar Imam. they also know.

Alnaz, Mawla is with you and guiding you. bloglaw is doing a unique and special seva.. Alnaz, who do you think asked Bloglaw, or sent him to help, and who inspires him to do so ? Your request to Bloglow suggests you do not know and have never met bloglaw? bloglaw also says he has never met Nagib either? yes?

* United Arab Emirates

@Bloglaw
On December 4th, 2010 Alnaz (not verified) says:

I have not met Bloglaw or any one else who write comments here.

I am deeply grateful for all prayers, encouragement and support by so many, I really appreciate it.

With respect to writing in their website. The way I see it, is that those who can argue against the Imam's stated position, or those who can and do criticize the Imam, or those whose arguments are for the sake of argument whether or not they make sense, then we should ask the question, are we the reason that gives them fuel.

Most counselors tell their patients, as I tell my clients, don't argue with the foolish.

MSMS in one of his farman said, that Isa Nabi even crossed the road to avoid the likes of the group of eight.......such people get their 'rush' and 'high' by the reaction from others, best way to deal with them is to shun them so they don't get satisfaction from the other's reaction.

* Canada

@Alnaz
On December 4th, 2010 Yasmin (not verified) says:

Ya Ali Madad Alnaz. As I have said before let those on other site say whatever they wish to, which is very sad. I think that you and Nagib have that "inner peace", that Our Beloved Mowla Blessed you both, not just for 5 minutes you had asked for but for 30 minutes, because He loves you both as His Spiritual Children. This Blessing is more precious than anything in the world. Thank you.

* Canada

I have never met Bloglaw.
On December 3rd, 2010 Nagib (not verified) says:

I have never met Bloglaw. His postings are interesting and well articulated.

But I am in Nairobi and whenever Bloglaw or any of you guys travel to this part of the world, we can meet. I go to Parklands JK so you will find me there everyday except when I come for legal matters in Canada [so far 4 times in the last few months] You are welcome home for Chai, Bhiriani and Samosa ;-)

Nagib

@Nagib re: above post of Dec. 3rd
On December 6th, 2010 Kanize (Canada) (not verified) says:

786
Many thanks for the invitation to the rest of us! That is generous of you! By the way, I am vegetarian! :-)
Ya Aly madad!

* Canada

@Not to forget
On December 2nd, 2010 Alibhai Jiwani USA (not verified) says:

You gave me goosebumps to read your post. Now I am ever more than certain of the out come in favor of the defendants.
I think Nagib and Alnaz Should go home and sleep and not worry at all. Ignore the posts on the Vancouverite. There is no meaning to them.

Our Mawla is with you You need no one else. You know the bliss of his presence. He came all the way to Canada to meet with you guys everything else was a make believe.

I have had a similar encounter ( Quite tiny compared to yours) in my life and it has given meaning to my existence. I cannot exit from that bliss even for a second.I find Him with me all the time running to fulfill even my smallest wish. Shukhar!
If you were at Daresalam GJ darbar , his hand gesture of "move all worries to the side and enjoy the evening" With His right hand he was pushing everything away! Truly remarkable gesture! I can never forget it and its implications subsequently in my life.

* United States

Consequences of Judgment on 7th December
On December 2nd, 2010 Bloglaw (not verified) says:

@ Alibhai Jiwani - The reason I feel we should all wish for conciliation is because Imam directed them to settle. However you are right that Imam may wish a different outcome. I hope the Jamat and leaders who are reading these feedback and suggestions are passing them on with their thoughts.

If the case is dismissed on 7th Dec, then
1 History will show Imam has never sued His murids,
2 The sanctity of mehmani will be preserved.
3 Farmans will be accessible to the Jamat in all JK’s and in remote locations
4 Farmans as delivered and annotated by Imam, will be available to the Jamat.
5 There will be resignations and change. The root causes will be reversed more quickly.
6 External potential impact and challenges will be lower to manage.
7 Dr SS statements made under oath can be disregarded about Farmans and the reason Farmans are edited by DR SS and the Leaders, is because Imam thinks in French, and so DR SS suggesting Imam does not say in English what Imam means ?

What if Judgment is given against the defendants ?
1 Imam is the plaintiff and there was infringement. (copyright has not been challenged)
2 History will show Imam sued his followers over the distribution his Farmans to his murids, which he made for his Murids.
3 The sanctity of memani and its meaning will become a question .
4 Jamat will continue not have access to Imam's Farmans in JK’s even in remote locations (for some time if ever).
5 DR SS says under oath that only edited farmans and when publised by ITREB are Farmans (not as and when delivered by the Imam). So edited farmans will be available. During Darbar when Imam delivers a Farman we cannot share with our Jamats because Imam thinks in French according to Dr SS. (As in case of the London and Singapore GJ Farmans, which have been edited by the Leaders)
6 Any major changes will take much longer, and so will the widening gap between the ground realties and Imams Farmans
7 External impact in future can potentially be much higher.
8 If Judgment is given against the defendants then there must be other compelling reasons which we will understand in time.

There is therefore every reason in my limited understanding and judgment to conciliate and end this case as directed by Imam. I hope and pray there will be a consent agreement and an order on or before 7th December. Ameen.

* United Kingdom

@Bloglaw One more outcome possible !!
On December 2nd, 2010 Alnaz (not verified) says:

One outcome is not indicated above.

Neither Gray nor we win the motions, and the Judge says Summary Judgment cannot be given, go to trial, or a Summary Trial.

Then they will have to produce all documents (is this what the Imam meant when he said, they (annotated farmans) can be produced??) in Affidavit of Documents which Gray will have to produce, then off to trial, where, if it goes to trial, MHI would be a witness and testify in open court..

I doubt the case will go to trial (he'll ask, what happened, we had agreed to settle the matter??), but is possibility.

* Canada

@ Alnaz: One more outcome!
On December 3rd, 2010 Alibhai Jiwani USA (not verified) says:

As far as I understood from the versions of discovery meeting with MHI, that MHI did not use the word" Settlement."
I thought he "suggested" go for "Consent judgement" Are the 2 words synonymous in legal language? My understanding was first one outside the court mutually settled and the second in the court by the judge. But I am not a lawyer.

Indeed if the case goes to trial we are in for a major breakthrough! Something close to Zahurat.MHI may decide to come to the courts. The entire era may change! From what I have read about this highly incredible moment is that in 3 days the thinking of the entire population can be changed to believers! It is that powerful an event.

But I think since MHI used the word "end the case" somewhere in the conversation on Oct 15th so I think it will end soon.

Also I doubt if already there are 313 hakikati momins united ,sharp in intellect like snake and compassionate and soft at heart like pigeons. ( Pre requisite for Zahurat)( ref : Kalame Imame Mubin , Ismailia Association for India publication ,ISMS Farman)

So far there are only 2, Nagib and Alnaz that I know. So we may have to wait a long time before that happens!

* United States

We are very far from that
On December 6th, 2010 nagib (not verified) says:

We are very far from that position. We would be satisfy if we could reach the position of the dust under the feet of our Imam.... Even that level will come in the future, Inshallah, after many many challenges, trials [LOL] and tribulations, and many tests to pass.

* Canada

@bloglaw: Regarding judgement on 7th dec
On December 2nd, 2010 Alibhai Jiwani USA (not verified) says:

Chances of conciliation at this point are close to zero according to me. You have very well delineated all the right reasons why if the case is dismissed in the favor of defendants that it is a better outcome for jamat and Imamat

Hazar Imam said to the defendants on 15th oct 2010, that he hopes to meet them again and work with them , considering this remark it seems more strong that judgement will not be against the defendants. MHI 's words are never incorrect.

Also He being Almighty in the zahiri and batuni both the worlds he will never defeat a weak party.( Even if for a second assume He is the true plaintiff) There is no chivalry in defeating unarmed soldiers.( Alnaz and Nagib are without lawyers)! Plaintiff on the other end has an army of lawyers.And again what is the crime? Spreading his farmans to his Murids?? What a heinous crime??

It is against the principle of "Ali" within him. (Review history of Hazarat Ali and Lord Krishna)

From all points it is only rationale and just that the case gets dismissed. I am pretty sure it will be. (Inshaallah). That is why Mawla is cool!

* United States

I thought this litigation will resolve with slap on the wrist!
On December 2nd, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, MR. BLOWLAW! When I looked thoughtlessly from all points of view on this litigation, I felt, it would be a matter of less consequence, and would be resolved with a slap on the wrist! But it developed into a prominent court case on infringement. This infraction, once again, I tried to view it with mysticism in my mind because this court case is first of its kind which is disputed between the Imam of the time and His Murid. I felt sure; it would be resolved in a matter of time. But it has hung around us for many months and we do not have the resolution as we had expected!

It has become a tribulation for all those who are closely monitoring this court case. Mawlana Hazar Imam, the Ismaili Muslims Institution, the Ismaili Muslims Community, Mr. Nagib Tajdin, and Mr. Alnaz Jiwa. They all have produced challenging evidence via documentation. The answers are not that easily obtainable because it is not simple to blurt out anything just to satisfy the curiosity. There will be consequence if something is spoken out of place.

Realistically The Canadian Law has provided the opening to both – the plaintiff and the defendants. This opening began with a lawsuit filed on April 06, 2010 by Mawlana Hazar Imam against Mr. Nagib Tajdin and Mr. Alnaz Jiwa on infringement of copyright by publishing and distributing the Farman Book. Then the Discovery was held on October 15, 2010. The Discovery became irrelevant because of many irregularities. Now we are steadily waiting for Summary Judgment which will be held on December 07, 2010. There are lots of accusations against the Ismaili Muslims Institution, and the defendants, and so on …. The court case has advanced to its pinnacle which will provide the judgment in time to come. Whichever way the decision goes, Mawlana Hazar Imam is philanthropic, omnipresent, and omnipotent. The Defendants are steadfast with their belief on Noor of the Imam. They feel their submission to the court a defence is not against the Imam, but against the usurper.

The doctrine of Ismaili Muslims faith will remain intact. Nobody can undermine the system of belief of Ismaili Faith. Where do I stand? I stand in the Holy Huzur Poor Noor of Hazarat Dhani Salamat Datar Noor Mawlana Shah Karim Al-Husseini Hazar Imam to beg for His Grace and Infinite Mercy. This is also my prayers for my Ismaili Muslims brothers and sisters. Allah Hafez, Nizar Ali K. Shivji!

* Canada

@ ;an ordinary Murid
On December 2nd, 2010 Kasamali (not verified) says:

The nine questions posed by an ordinary Murid to his uncle should also be posed to Vancouverite. However, I would like to add two more questions as follows:
10. Would Sachedina resign from his post?
11. Would MM expiate the great sin he committed by assisting SS in his heinous crafty criminal plot to totally ruin Nagib and Al Naz?

Imam Will Win.
On December 1st, 2010 Believer (not verified) says:

I was wondering why the Imam never interfered, and never gave any evidence Himself, even at discovery.

I was wondering how the court would weigh that on one side, the defendants gave direct evidence of the consent, and on the other hand, the Plaintiff gave second-hand evidence only.

I was wondering if defendants can really prove to the court that the Aga Khan does not support the Plaintiff's case.

I was also wondering that if the court sides with the defendants, then how would that not be a loss in the eyes of the public for the Imam?

All four of those questions got answered by this case law extract quoted with the defendants' revised factum:

"..Such failure amounts to an implied admission that the evidence of the absent witness would be contrary to the party's case, or at least would not support it.”

So the court is obliged to believe that the absence of a direct affidavit from the Imam means that His evidence supports the defendants!

Either way, Imam wins! Brilliant!

Imam Will Win.
On December 1st, 2010 salim (not verified) says:

of course, we all knew it long time ago that HH will win this case...( no if's or but's or maybe's)

* Canada

@ Salim : reg :Imam will win
On December 3rd, 2010 Alibhai Jiwani USA (not verified) says:

Whichever party has MHI in principle and spirit with them that party will win not with just the name.

* United States

The other side
On December 1st, 2010 An ordinary Murid (not verified) says:

My uncle, 74, and old person and of Vancouverite type, told me few days back that, “The defendants have almost no chance to win the case, and hence my elderly advice to them is to settle the case as per HI’s directions for they are certainly to lose this case and its consequences are very dangerous to them.” Dangerous consequences he mentioned are in his own words are as follows:
1. “Soon they will not find any supporters from the Jamat. Particularly, when court verdicts that indeed there was infringement of Farmans by the defendants.’
2. “They will be required to pay heavy penalties.”
3. “After the court verdict hardly any Ismaili will visit Heritage web site and hence the desire of vizier sahib would be automatically met.”
4. “These two will be considered by all the Jamati members around the globe as renegades and enemy of Jamat.”
5. “There will be overwhelming demands from Jamat to take disciplinary action against these two.”
6. “Vizier sahib is likely to file a defamation case against them.”
After saying this he posed me a question, “Do you agree with me or not?”

Instead of replying to him directly, I posed a counter question, “What if the plaintiff case of infringement or otherwise is dismissed by the court in favor of defendants, would you, then, believe in their version of 15th October discovery? Namely:”
1. “That Al Naz was wrongly implicated in the case.”
2. “That HI has accepted Mehamani of chocolate box from him in principle but was not taken away by HI physically.”
3. “All Farmans of previous Imams are HI’s Farmans.”
4. “Hazar Imam does not think in French and makes Farmans in English.”
5. “There is no need of editing of HI’s Farmans.”
6. “HI was not at all unhappy with them in the meeting but was very empathetic and pleased with them.”
7. “That settlement conditions proposed by HI were different from which Grey and Sachedina had drafted and to which they were forcing defendants to agree and sign.”
8. “When there are any changes in the Farmans Dais are getting hurt.”
9. “Lastly, that this case was not filed by HI at all but by these leaders.”
As soon as I completed my counter question, he became furious and told me that I am a renegade and should be excommunicated from Jamat, and since then he does not talk to me.

Revised Factums for Summary Judgment Motions
On November 30th, 2010 heritage says:

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

Enjoy Surfing Your Heritage!

Farmans not to be followed? - says Sachedina.
On November 30th, 2010 Nagib (not verified) says:

Sachedina says under oath that Farmans spoken by Imam in a Didar are not to be followed until and unless the edited text version comes from ITREB. Those that are not published are no longer Farmans:

Extracts from my Summary Judgment motion:

44.
The claim therein that Farmans must be edited aligned with Sachedina's declarations over the years that Imam's Farmans must be edited, that the Imam "Thinks in French and Speaks in English", and with his general disrespect for the status of the Farmans and of the Imam in Ismaili Faith. If witness Sachedina is to be believed, the dozens of Farmans that never got released over the years, although they are full of guidance and blessings that were made to large gatherings of Ismailis who cherish those words and aim to follow them, although they are Divine, they are no longer "Farmans". This is quite contradictory and disrespectful to the tenet of Ismaili Faith that the Hereditary Imam is the bearer of the Light of God

45.
Contrary to the statement of claim, there is no established criteria for editing or
guidelines for publication or dissemination of Farmans. Mr Sachedina admits that the
Farman dissemination policy document dated March 2010 presented as Exhibit B in Mr
Sachedina's affidavit is a last-minute document that comes from Mr Manji, the President
of the Ismaili Council for Canada, and that it is not sent by the Imam. It is clear that
document and others have been created after the publication of the Golden Edition to
back the Statement of Claim.

46.
The Claim that the integrity of the Aga Khan's works is compromised is also wrong.
There is no evidence of mutilation or distortion. Quite the contrary, Ismaili Faith dictates
that the Imam's Farmans become effective and binding to Ismailis as soon as they are
spoken and as they are spoken. Tajdin also believes that Farmans cannot be edited and
has published them in their integral form.

47.
The premise in the claim that the Farmans must be edited before they are published is
not an Ismaili concept. There is no evidence that the Imam Edits Farmans because they
are, in Ismaili belief, from a Divine source. A judgment admitting without admissible
evidence that Imam edits the Farmans would reform the basis of the Ismaili religion in a
legal framework and it is not the mandate of judges to make changes to various religions
or to let anyone use the legal setup to do this.

References:

Cross-Examination of Sachedina p.59:#253, p.129: #544-#545, pp.147-150:#617 - #628, p.74: #306-#309

Affidavit of Nagib Tajdin sworn May 7, 2010, Moving Party’s Record, Tab 2, Paragraph 25-26

Affidavit of Nagib Tajdin sworn July 14, Tajdin's Responding Record, Tab 6, Paragraph 27-29, 18-22, 83-85

Affidavit of Mohamed Tajdin sworn July 7, Responding record Tab 8, Paragraph 17

Statement of Claim, Paragraph 23 & 20 & 34 &35

Statement of Defence of Tajdin, Paragraph 23.

Case is going to be dismissed in favor of the defendants
On December 1st, 2010 Alibhai Jiwani USA (not verified) says:

After reading the all the above sbmissions it seems almost certain that the case will be dismissed in favor of the defendants.
Hazar Imam has V.cleverly not given a sentence in favor of plaintiff despite showing up for the discovery. How amazing and wonderful! He appeared just for the defendants to boost their strength and show them the right path! He knows His leela very well. I hope SS is a history in no time. No one has to do anything.

* United States

LOOKING AT ALL ANGLE REALISTICALLY !
On November 30th, 2010 Bloglaw (not verified) says:

News Editor vancouverite says to Bloglaw : You forget the Boston affidavit witnessed by two prominent people including a notary and a lawyer. Tragic how you purport to pose legal answers that fall short of facts. In that affidavit he asserts the facts which are unchallenged by any evidence. It is simply not enough to make a claim, you have to produce evidence. Get on with it Bloglaw – you are an alley lawyer. You’d do well in some Bombay bazaar selling legal advice

Bloglaw Replies

Editor : As usual you are not looking at all sides of the angle realistically or objectively. The Judge has to decide if Imam personally authorised and filed the lawsuit on 6 April 2010 based on the evidence of facts submitted by all parties. Did Imam do so and has Imam and or Mr Gray submitted affidavits in court saying so after 6 April 2010 ?. May be rules of evidence in Canada are different and if so I may be wrong. Of course the Judge will need to decide on the experts evidence of the signatures and defence-submissions by the defendants.

And on this issue, even if Imam authorised the lawsuit after 6th April (I am not saying this was or not the case), the judge has to dismiss the lawsuit if the Judge finds Imam did not authorise it ON OR BEFORE 6th April 2010.(based on evidence filed on this specific issue)

Regarding the affirmation on 12 May. It was after the lawsuit was filed on 6 April 2010. The Judge directed discovery despite the affirmation. If the Judge finds that the affirmation was signed by Imam and also rules it can be or is admitted for this hearing as evidence. The judge has to then also consider and rule on the first 3 sentences. They do not say specifically that “before” the lawsuit was filed Imam reviewed the claim, approved it for filing, and instructed the Lawyers to file it. Knowing the defence and issue I am surprised Mr Gray did not do a better and more conclusive job when drafting of that Affirmation. Some may say Mr Gray is not that brilliant. Some (Mr Gray/MM/Dr SS), may say this was a legal strategy, Some may say there was a higher hand & purpose, and some may say it was an oversight in the necessary care and attention to details.

I am being realistic, not confrontational or negative. This is something to think about. I am sure Dr SS MM and Mr Gray and their team are aware of this and will have included it in their latest submissions.

* United Kingdom

@Bloglaw re: above post of Nov. 30th
On December 1st, 2010 Kanize (Canada) (not verified) says:

786
Mowla tamnè sukhi raakhè, Bloglaw! Ameen.
Ya Aly madad.

* Canada

The ruling most likely on Dec 7th 2010
On November 30th, 2010 Alibhai Jiwani USA (not verified) says:

The case will be dismissed in favor of the defendants.
Mr. Gray has not convincingly proved that Imam indeed is the plaintiff except that he brought MHI for discovery.
But MHI did not give one sentence that said he is the real plaintiff
Neither did he say there was no forgery.
Discovery for whatever reason will have little meaning to Mr Gray and the court since nothing of importance was on record . Thanks to Mr. Gray.
MHI appeared because Dr.Sachedina has served Mawla for so many years so MHI decided to oblige.And maintain the honor of everyone involved.
But he ignored all the help given by Mawla.
The Consent judgement would have been in big favor of Dr Sachedina than the defendants if it was done as per MHI 's guidance.But it was not done. Thanks to malice in the hearts of the leaders.

Defendants are true momins.
MHI came to empower their morale so that they do not concede
Nagib and Alnaz both truly experienced his affection rather than His wrath.
Which gave them the truth even without asking a single Q.
MHI provided all that was needed for them.
Most importantly that he loves them.

There is not enough substance in the case to go to trial, since plaintiff 's lawyer has not convincingly proved that MHI is the real plaintiff.
The history will never say Hazar Imam sued His momins.
Any kind of settlement internally out of court will not be able to wipe out this "vital element" except the court ruling that
MHI is not the real plaintiff and the case dismissed!
So no one should wish for concilliation and internal settlement(except SS and MM)
MHI would have done this when he appeared for discovery if that was a desirable outcome.

* United States

Did Dr SS & MM give Imam the right information?
On November 30th, 2010 Bloglaw (not verified) says:

Soulmate - B L O G L A W: Your friends have failed to convince us that the Imam is not the Plaintiff. If your friends also fail to convince the court that HH is not the Plaintiff, will you then be willing to concede that He is the Plaintiff? Editor Vancouverite - You may see a ruling on that.

Reply Bloglaw

Maybe you or Editor can get and upload the latest submissions of both sides. One of the concerns I have is;
If Imam filed the lawsuit and has stated that Farmans are available to the Jamat in JK’s including remote locations. Before and after 6 April this is not the case. Not even today. I have checked. So was Imam given the correct information and if so would Imam have made such a statement in court ? Or filed the lawsuit ? If not why did Leaders not give the correct information to Imam, and in any event not make sure all Farmans are available and accessible in JK’s (Itreb’s)) by the Jamat ?

If the court gives judgment against or for the defendants, they will I am sure abide by a ruling of the court. Everyone will. Legalities or the ruling aside, I hope Leaders will ensure access to Farmans by the Jamat and the new book of Farmans will be available very soon.

* United Kingdom

We should all unconditionally abide by the wishes of MHI
On November 29th, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, MR. BLOGLAW! You and I have been obligated to present our comments on this litigation and the proceedings on this pertaining court case. We both have become hard hearted. May be I am wrong. We have to clear our minds and look with new perspective! I believe in amicable resolution and harmony in Ismaili Muslims Community! No matter what, as long as, Mr. Nagib Tajdin and Mr. Alnaz Jiwa are in the Ismaili Muslims Community, they are my brethren. Mr. Bloglaw, I am looking forward with you for a cuppa of Darjeeling tea in London, England! My favourite haunts are the Café in Harrods and Ritz. I enjoy scones (a small rich biscuit like pastry or quick bread) with fresh cream and warm liquid strawberry marmalade).

Both of us have successfully presented our arguments on discovery, summary judgement, and the trial if the court case continues to get the judgement. You have argued on the status of Hazar Imam and forgery. The argument goes on with no agreement about Hazar Imam’s status as being plaintiff! Therefore, the discovery has become meaningless because all parties are required not to argue about the appearance of Hazar Imam. The opponents are not able to establish that Hazar Imam is the plaintiff, or petitioner, or the claimant. The proponent has from the very beginning advocated that Mawlana Hazar is the plaintiff! The proponent argues strongly that Mr. Nagib Tajdin and Mr. Alnaz Jiwa had an excellent opportunity during the discovery but failed to ask five questions. Had he asked these questions, it appears Mawlana Hazar Imam would have definitely obliged Mr. Nagib Tajdin with answers. In this kind of legal proceeding, the judge will not prompt or make a fuss to get the answer from the plaintiff. The onus is on defendants! The reason is very simple; the judge has satisfaction that the plaintiff did not dishonour the requirement to attend the discovery. Therefore, the court’s requirement was met.

I do not think the lawyer; Mr. Brian Gray of Toronto in any way is slow in his understanding the relationship between the Imam and His Murid! He is slowly but surely progressing to acquire the systematic methodology in this court case. He is handsomely remunerated for his services and has his stretch of time for the completion of this court case. However, Mr. Nagib Tajdin and Mr. Alnaz Jiwa do not have the similar luxury to have an on going encounter with Mawlana Hazar Imam and Ismaili Muslims Institution! Whatever Mr. Nagib Tajdin and Alnaz are saying or implied, they should ponder about the original statement of claim by Mawlana Hazar Imam. Whatever that has transpired during the discovery should be assumed that it was a gift from Mawlana Hazar Imam to His Murid. My mind is bluntly prompting to me that the decision on this court case will be pronounced but my heart is prompting to me otherwise! Today I believe whatever the versions of this court case is pronounced by the plaintiff and the defendants should be left behind. We should look into future for betterment of Ismaili Muslims Community! We should all unconditionally abide by the wishes of Mawlana Hazar Imam and reaffirm our allegiance. This is our salvation!

I would like to thank everyone for giving their time in sharing their thoughts and knowledge. I take this opportunity to thank the Librarian Umed who have allowed and moderated this discussion. Mr. Bloglaw, like you we all do so because we care and out of love for the Imam. “May Mawlana Hazar Imam accept all our Seva, and grant us all more Seva, good health, happiness and both material and spiritual prosperity. AMEEN!! Allah Hafez, Nizar Ali K. Shivji!

Giving feedback and sharing
On November 29th, 2010 Momin (not verified) says:

Giving feedback and sharing concerns is healthy and good for the Jamat, the institutions and the Leadership. Not a single person says there should be no conciliation including the Editor of, and those posting in Vancouverite and Mr Shivji. Everyone, Imam, Leaders, & Jamat agree on this. Yet there are no discussions/meetings for conciliation since the meeting in October. Unless there has been and we do not know about them ?. If so, can someone (Leaders/Alnaz/Nagib/Jamat members) let us know ?

* United Arab Emirates

There are no discussions
On November 30th, 2010 Nagib (not verified) says:

There are no direct discussions with the lawyer except those in the legal setup in front of the Prothonotary Tabib during the Case management Conferences.

Reply to Brother Abdullah (RE: letter to Sachedina)
On November 29th, 2010 Zeenatara Allahrakhya (not verified) says:

Dearest Abdullah, thank you for your kind words and support. Mawlana Sultan Mohamed Shah has said in His memoirs, "Where there is love, there is no fear, and where there is fear, there is no love."

This then says it all. I have taken my stance out of love, completely without fear of any retaliation. After-all, what can they do to me? Excommunicate me? Kick me out of jamatkhanas? Stop me from any appointments to positions of leadership? They can do whatever. But they will not be able to remove my Mawla from my heart. Neither will I stop my campaign to have such leaders, who have no regard for the Imam, removed from their prestigious positions from which they reign like tyrannical kings.

I hope many more of my brothers and sisters will shed their fears aside, and stand up for our Mawla!!

At this juncture, I would like to thank Suleman for making such valid points.

@Zeenataara Allahrakhya re: above post (Nov. 29th)
On November 30th, 2010 Abdullah (Canada) (not verified) says:

786
It is I who am grateful that you wrote this letter and posted it: it has, no doubt, awakened more than one reader. Insh'Allah, more members of the Jamat will actively get involved and press their leaders to take action.
And I thank you most sincerely also for this beautiful quote of M.S.M.S.'s Memoirs. Mowla sukhi raakhè, ameen.
Ya Aly madad, sister Zeenatara.

* Canada

I remember there is a Ginan
On November 29th, 2010 Pirani (not verified) says:

I remember there is a Ginan where this era-period is predicted. I think it was Ek Baar Phir or Pehli Baar ...? A time will come when ? Can anyone get thisGinan with the translation or a link for it ? Maybe it is on this site. I cant find and may not have the right name.

* United Arab Emirates

Trust
On November 28th, 2010 Suleman (not verified) says:

A few months ago, the Golden Jubilee Farman made by Hazar Imam in Singapore was read out in our jamatkhana. Not extracts but the whole firman was read out. At that time I was surprised when the whole paragraph about the "jubas" of leaders was left out. I was present in singapore darbar and I am 100% sure that Hazar Imam had made light hearted comments about the jubas of the leaders. Similarly, when London firman was read, the entire comments made by the Imam about leaders not relaying information to the jamat from the Imam was omitted from the reading. Whilst I was still pondering over these discrepancies, the case involving Nagib and Alnaz came up, whose details are open to all. You are all aware of the happenings - the forged letters purported to be from the Imam, the announcement made in jamatkhanas worldwide, using Prince Amin's name in vain, the forged notarisations etc. I do not wish to go into the full details but behind all this travesty is one man: Dr S Sachedina who has broken all boundaries of trust!!! How can I or anyone else ever trust anything that is ever read out in the jamatkhanas again? What guarantee is there that a message from the Imam is actually from the Imam Himself? Truly, this is quite a horrifying situation. And yet, everybody is quiet or going on about sabar etc. Only Zeenatara, Kanize. Bloglow and a few others have been brave enough to speak out. The truth of the matter is that this leader has completely eroded the trust we have or had in communications made in jamatkhana which is a sacred place where our Imam sends guidance and blessings for us via taliqas, sandeshas and firmans. Now everything read in jamatkhana will be questionable. At least according to me who has seen what an errant leader can do. So short of receiving a video message or audio message from the Imam Himself, we cannot trust anything else that is read out in jamatkhanas. How can we accept this situation? First of all, Dr Sachedina has to go! The Imam, out of His infinite mercy asked Nagib and Alnaz not to pursue the forgeries but this does not mean they were not done. I join Zeenatara in her demand that he should go and pray to Hazar Imam to appoint leaders who will not cross the sacred lines of trust that we have built up over centuries and that can be eroded within seconds.

@Suleman re SS
On November 30th, 2010 Alnaz (not verified) says:

Suleman Sachedina is not the only one, he has good company, a good few who are as bad or worse.

Since 1993 i have been seeking to raise awareness of the jamat to seek accountabilty and answerability after the Imam urged us to do so.

Not only ask SS MM and others, but pressure your local leaders, mukhis, other sevadaris in local areas to demand answers. Unfortunately these local leaders keep quiet or else they fear not being reappointed, and as such they betray the imam's trust.

Sorry state of affairs, but MSMS had said convert Ismailis into true Ismailis, thereby making a clear distention between true Ismailis as opposed to just Ismailis.

Ismailis are all over the globe, but how many true ismailis are remaining?

* Canada

@Alnaz re: above post of Nov. 30th (reply to Suleman)
On December 1st, 2010 Abdullah (Canada) (not verified) says:

786
What an interesting remark, brother Alnaz, in your last line, and what an enlightening farman of MSMS!
Just yesterday I was wondering about Pir Hasan Kabirdin (a.s.) who is to be "anantnaa taranhaar", I was wondering who would be the anant; who knows, maybe among them will be those Ismailis who are Ismaili just in name, because they happened to be born to Ismaili parents but they do not have any grounding in the faith?
The situation is so scarry...
On the other hand, I remember that musical play of a few years ago, Ibn-e-Yakzaan (I hope I am not mistaken in the name) where the audience is made to understand that esoteric matters, matters highly spiritual are not for the masses, but only for the few...Still, it is such a shame that we be born in this incredible faith and we be totally unaware of its worth...Like a thirsty person who is near a well but does not drink from it...
Mowla rakshaa kartaa rahè. Ameen.
Ya Aly madad.

* Canada

@Suleman re: above post (Nov. 28th)
On November 30th, 2010 Kanize (Canada) (not verified) says:

786
Indeed, the trust has been eroded. And the situation is appalling. And what saddens me is that hardly any member of the Jamat seems to be aware of the real fact (when they know about the suit) and almost no one dares speaking up and asking their leaders to put an end to this horrible matter...I sometimes wonder if such a situation ever existed in our history before?

I too used to worry, a few months ago, wondering how to trust the announcements made in Jamat Khanas now, because of these dreadful lies, how not to be misled. Now, I have the deep conviction that if we remain steadfast in our imaan, dua in Khane, and dasond, then no one will mislead us. "Koy apro vaar vaanko nè karè." Ameen, and Insh'Allah.

It was nice to read your post, Suleman, nice to see someone else on the same wave-length...:-) Thank you for it.
Ya Aly madad.

* Canada

@Kanize (reply)
On November 30th, 2010 Suleman (not verified) says:

Bravo Kanize! I salute your wisdom and your faith. Truly, when under the protection of Hazar Imam, no one can touch even a hair of our bodies. That is exactly why there is no need to fear and take a passive stance. Just like it is against the principles of humanity to turn away when you observe a passerby on the road getting mugged, just because you do not wish to get involved, similarly in this matter each person who has read the details of this case are liable to be questioned on the day of judgement as to why they decided to keep quiet and not stand up for what is right. So bravo to you Kanize, sister Zeenatara, brother Bloglow, and just a few others who voiced their protests.

@Suleman re: above post (Nov. 30th)
On December 1st, 2010 Kanize (Canada) (not verified) says:

786
Thank you, Suleman!
Ya Aly madad.

* Canada

@ Suleman Reg: trust
On November 28th, 2010 Alibhai Jiwani USA (not verified) says:

I think that what ever is happening now in courts of Canada are already the measures that will Inshallah set everything right.
Hazar Imam is aware of all this and hence via the medium of Alnaz and Nagib everything is being orchestrated. It is taking a process to set things that are going “not so right” for a long time but there is always a limit to everything and now is the time for a change and I think a major change!!

We just have to have patience and faith in Hazar Imam that He is for sure going to do the right thing. Dr S. Sachedina already got and will get some more opportunities to correct himself but if he will continue to ignore Mawla’s mercy then I do not know what will be his fate!

Nagib and Alnaz are set for generations of blessings according to my belief. And I am very sure of this belief! But the great things in life never come by easy.

* United States

@Alibhai Jiwani re: above post of Nov. 28th (@Suleman re: trust)
On November 30th, 2010 Kanize (Canada) (not verified) says:

786
Indeed, Nagib and Alnaz have lived most trying, terrible months. And it is not over yet, alas. May Mowla continue to protect them. Ameen.

In addition to having patience I think that those members of the Jamat who are aware of the real facts in this suit and who have some grounding in religious knowledge, those members, no matter how few they are in number, should put pressure on their leaders so that they in turn request Mr. Sachedina to end this suit (since no Imam will sue a mureed whose bayyat He has accepted); our laxism is very wrong, I think, and it is because of this laxism that leaders cross the boundaries of the acceptable (knowing well we won't react) and get away with m....(forgive the expression) These leaders must understand that competence and answerability are expected of them, and it is the duty of the members of the jamat to remind them of this.
As Alnaz pointed it out earlier, rather than lamenting and talking about these things, we should voice our concerns to the leaders.
Ya Aly madad.

* Canada

The legal Issues & Facts !
On November 28th, 2010 Bloglaw (not verified) says:

Nazneen with legal expertise @ Vancouverite says …

.Bloglaw, I was not jumping to any wrong conclusions. You have been misled not me. The 25 minutes of guidance by our Imam (to all that were present) so far, we have heard the Defendant’s version. And we all know where their credibility lies.
Our Beloved Imam was supposed to answer the questions that were supposed to have been asked, He was not there to broadcast that He was the Plaintiff. It was clearly understood that He was the Plaintiff because He had to raise His right hand and affirm to say the truth, the whole truth and nothing but the truth so help me God. I rest my case and Bloglaw go take a holiday. If you are really a Brit then take an active in the forthcoming Royal Wedding. Leave us alone!

Bloglaw RESPONSE

The legal issue on A findings of facts is whether Imam said on record that Imam filed the lawsuit and Imam is therefore legally the plaintiff. If not, the Judge on a findings of fact will have legal difficulty to rely on an implication that because Imam came, it is therefore understood or can be assumed he filed or authorised the filing of the lawsuit and so therefore he is the plaintiff. The judge will wonder and consider why did Imam not say so when the judge is considering a finding/ruling on facts. Then the judge has to also decide if the discovery on the record can be considered in giving the ruling. If so all representations from all parties will also be considered by the Judge.

Then the judge also has to consider all submissions and then further decide if there is an arguable case for trial or there is no case to answer. I agree with you 100% that we have so far not heard from the leaders in question or Mr Gray. I also agree 100% Imam does, will and did tell the truth and the whole truth. I do not agree with you that the Alnaz and Nagib are not telling the truth about directions given on 15 Oct 2010 to conciliate and settle by consent. See my earlier posts and analysis on this issue too. This is the best option and what was as directed by Imam.

I will certainly participate and enjoy the Royal wedding in UK. Did you know that Katie Middleton is also related to MHI. Another good reason (: n'est ce pas ?

* United Kingdom

@Bloglaw
On November 30th, 2010 Alnaz (not verified) says:

Bloglaw although your assessment and reviews of the case is commendable, may I make a comment or two.

There are people who, for one reason or another, cannot "see" even though they look. The eyes look, but it is the mind that sees, and no matter what rays of light reflect into the eyes, mind can only see what it wants to see or expects,

This is is long way of saying it is useless of arguing with the eight or so who will not be able to "see" no matter what you do.

I urge you to stop debating with them, let them debate between themselves, don't waste your energies of such lost souls.

Spend your energies only in enlightening those who are interested by digesting the voluminous materials and explaining it plainly to the jamats at large.

* Canada

FAITH AND LOGIC – THERE IS NO CONFLICT ?
On November 28th, 2010 Bloglaw (not verified) says:

News Editor - … What I see here is a failure of the combination of faith and logic. Sure, in a case where you have not proclaimed allegiance, you would be right to carry out certain legal moves. Where this is failing the defendants is the fact that they have wasted the court’s time by seeking and then fumbling the discovery. Nagib was granted the discovery on a number of points he made about flashes of light etc. But he seems to have come face-to-face with flashes of light! He said with his own mouth during discovery that he was confused and did not know what to do. So when he asked the court for discovery – was his intent to ask questions? Did he not give assurances that he had five questions? Did he ask them? Then, he comes out and makes counter claims. So the failure here is his. My point is that Nagib remains confused. I have two suggestions. To Nagib, I say fight this without the pretext of being an Ismaili. I say to the Aga Khan’s lawyer – fight Nagib as you would any adversary and not as an Ismaili.

RESPONSE BY BLOGLAW –

1 I have no doubt Mr Gray is fighting the lawsuit legally to the best of his and his firms abilities and resources. That they should and must do. I agree 100% with you on this.

2 Regarding discovery this was to use your expressions fumbled by Gray and Nagib. Alnaz was an attendee. To Mr Gray this was purely a legal confrontational discovery meeting. To Nagib this was purely to seek directions from his Imam which he has followed.

3 The defendants are following directions they believe were given by Imam and they have signed a consent order and submitted it. They have not made counter claims as the Editor of Vancouverite says..

4 Regarding discovery even if it is admitted at the hearing on 7th will not legally mean a judgment. Mr Gray should have asked the critical questions for Imam to respond. Why did Mr Gray not do so ? Nagib was seeking directions. Imam knew and chose to give directions and wishes off the record. There must be a good reasons for this

5 With respect I do not see a major conflict between faith and logic. One comes from the other. Imam has reminded us of our limitations and has guided us on intellect and faith. Imam reassures us that there is no conflict between our faith and Intellect. If you and many have this, then you should discuss this with ITREB. If there are many then this will be addressed institutionally.

I sincerely hope & pray that this case is settled by conciliation and agreement, before 7th December

* United Kingdom

Mr Shivji concludes wrongly.
On November 27th, 2010 Bloglaw (not verified) says:

Mr Shivji concludes wrongly. He forgets conveniently that Alnaz and Nagib have complied and signed the consent order as directed by MHI Mr Shivji says “…It appears the defendants have no intention to settle this court case amicably. Their original game plan is to humiliate the Ismaili Muslims Community, The Ismaili Muslims Institution, and make apparent to court that HH the Aga Khan is ethically further from the accuracy!..”

Editor of Vancouverite replies “ ..You (Mr Shivji) are justified in your conclusion that this is a calculated attempt at undermining the leadership of the Ismailis while at the same time appearing to be devoted adherents of the faith….”

Response by Bloglaw:

I see much speculation, a rich diversity of interpretations and jumping to the wrong conclusions by my 8 brothers and sister/s in the Vancouverite site : Editor, Zak, follower, Soulmate, Shivji. Nazneen, Panjebhai and Ali (:

It is not clear what Alnaz and Nagib are saying, nor what Mr Gray is saying. We need to read the submissions. ( I hope a summary will be uploaded).
However It seems clear legally that for the purposes of a settlement Alnaz/Tajdin agreed not to pursue allegations of fraud against the staff of MHI or that MHI did not file the lawsuit. So when Tajdin says he will not argue that Imam is not the plaintiff but he did not agree Imam filed the lawsuit. That is what he means. Mr Gray did not ask that question in the official record. Mr Gray also did not ask them to confirm this was an unconditional consent, and that the withdrawal of allegations is against all leaders who are volunteers and arguably not staff etc . Why Mr Gray did not do so is also surprising because he had no religious or emotive reasons not to ask and say what he wished. Imam was controlling the flow of the conversation. Mr Gray knows how important clarity of evidence and facts are necessary. He must have his reasons which do not seem obvious.

Alnaz and Nagib have said also that Imam did not at any time say that Imam is the Plaintiff and Imam filed the lawsuit and that Imam wrote the letters etc. On the other hand Imam came to the meeting and therefore Imam is the plaintiff and it can be argued that Imam did not need to say so.

If the discovery as it seems is not a part of the hearing on 7th December, then a summary judgment in favour of either party is not certain. Even though Nagib or Alnaz do not present arguments and rely purely on written representations because this was not what Imam directed them to do.

* United Kingdom

Imam attended because he is
On November 27th, 2010 Momin (not verified) says:

Imam attended because he is legally named on the lawsuit as a Plaintiff and the court directed Imam to attend.

Mr Gray questioned the examiner Nagib. Nagib the examiner did not question the Imam. Imam gave directions off the record. Mr Gray did not ask Imam any questions for example are you the plaintiff or did you write to Nagib ? Gray did not start and say on the record or ask Nagib Tajdin if he was satisfied now that Imam is the plaintiff ? Gray did ask if discovery directions are satisfied ?

The Judge will look at the official record which also says Mr Gray asked Nagib to ask 5 questions and so the implication is that the Imam came prepared and was aware and prepared to respond ? Was Imam asked to respond ?

However in my view the above is not enough on its own legally to conclude that Imam filed the lawsuit and is legally speaking the plaintiff. Attendance at discovery on its own is not conclusive evidence.

Therefore I agree the decision on 7th December is not a foregone conclusion. Even if somehow the discovery record is admitted. Since this is in the Gray submissions the Judge will certainly know and Gray arguments will include discovery.

* United Arab Emirates

THE ZAHERI AND BATINI ROLE OF OUR IMAM
On November 26th, 2010 ABDUL (not verified) says:

The immense pain of the jamaat about the Agakhan Lawsuit arises from the confusion about the unique position of our Imam.

As it has evolved after the death of the Prophet Mohamed (SAS), Shia religious belief accepts the Imamate as the manifest light of God and Mowla Ali as the 1st Imam. Ismailis hold Hazar Imam as the 49th direct descendent of Mowla Ali.

Ismaili Khoja’s also believe that in another age, God manifested as Vishnu Bhagwan and the line of the Ismaili Imamate is the 10th avatar of Vishnu, as predicted in the Hindu scriptures. It is this manifest form of God, the Batini Imam, that is the subject of our prayers day and night.

But we all know, Allah has created laws for the orderly functioning of the Universe and when in a Zaheri form, our Imam equally complies with the rules of nature. As Prince Karim Agakhan 1V, the Imam does not bring back the dead, change the past nor control the future. As we all know, Imams do fall sick and pass on (otherwise there would not be 49).

So when the Imam is called upon to administer the affairs of his followers, as his great-great grandfather, Aga Hassanali Shah did in 1846 when he came to the Indian subcontinent or as Hazar Imam has been doing in Central Asia since the fall of communism, He needs the assistance of sevadaris, employees and contracted professionals. And to ensure orderly governance, the Imam has set up a secretariat, appointed councils and also promulgated a written Constitution.

So when one of these sevadaris, employees and councillors make mistakes, cheats or get power-crazy, the Imam fully expects his leadership would use the mechanisms of the Constitution or Arbitration Boards to make the necessary corrections. Just as God’s rules of nature are not random, the Imam’s institutions for the jamaat are equally governed by a Constitution that provides consistency. Because of His strong convictions on this point, the Imam is well-known for his strong endorsement of a rules-based society for other members of the Ummah.

So it is time that Ismailis stop the confusion on the Zaheri and Batini roles of the Imam; the Imam does not perform miracles to build his hospitals and Ismaili Centres; He uses logic, expertise and professionals. In this dispute, there will be no “magic” cure from the Imam. He has given us the Constitution, the Arbitration Boards and the all the systemic infrastructure that we need to use to resolve this matter. As every informed Ismaili knows, it was the shameful failure of the leadership to use these mechanisms that compelled our Imam to submit to Federal Court of Canada orders to appear in person.

On one side, we have two sevadaris who stand accused of distributing Farmans improperly; on the other, we have several leaders who are accused of failing in their duty, then acting arrogantly and dishonestly.

Let’s use the Imam’s bestowed Constitution to get to the truth.

* Seychelles

@ Abdul : Zahiri and Batuni role of Mawla
On November 27th, 2010 Alibhai Jiwani USA (not verified) says:

Imam’s constitution in this case cannot have any role at this point since the case is in the federal court of Canada for so long. If the leaders had any intention to respect and honor constitution they should have not sued Nagib in the first place since there is no article of copy right in the current constitution.

Yes, agree Hazar Imam works in the Zahiri world within the laws defined by the society and courts, yet when the times come and needed he strongly exercises His Batuni powers and all of who are followers of batuni faith have experienced his batuni help in some form or the other at various times in our lives especially when there seems no other way out.

But after the calamity passes away we become comfortable so quickly that we conveniently forget his batuni help and start believing “I” did it. No matter what games Mr. Gray plays the outcome is going to be in favor of the defendants.Because Mawla is with them in the spirit! That is my guarantee!

Hazar Imam is cool and no intervening because he knows the outcome. Wouldn’t you be if you knew the result?

Also what I don't understand is this unique character of Avtars and Mawla who in every period create a massive confusion instead of giving black and white instructions and knowing these humans are so never going to work in unity!
He either enjoys those confusions or does not know to deal staight forward!!!! Because he has his winning trump card of divine intervention?????

* United States

Consitution has a role even
On November 28th, 2010 Pirani@ Alibhai Jiwani (not verified) says:

Constitution has a role even in this unprecedented & ongoing lawsuit. Parties could agree to withdraw by consent and conciliate internally. They could agree a stay to conciliate and then do so. This needs extraordinary will. There is an article in the constitution regarding copyright, arguably under all matters.

Mawla is with and for all Murids. I agree Mawla knowing an outcome means he has intervened. There is no black and white without any gray. This lawsuit is no exception. We may not understand Imam's vision and wishes immediately and in some cases in a lifetime. Being confused and uncertain is a part of life and of being different so that we can understand and learn from on another. Hence it is impossible to fully understand all attributes of the uniqueness of Imam (Avtars). For example take the Quran and the "final" message - There are many interpretations and need for continuity of guidance.

* United Arab Emirates

Islam did not start when the
On November 27th, 2010 Alibhai (not verified) says:

Islam did not start when the Quran was reveled. Islam started with the start of the worlds and Adam. So references you have made are all relevant. We need to be remined and many may not know or recall.

The age of miracles to prove and demonstrate stopped with the revelation of the final message. Imam knows, Imam Interprets and Imam guides us in the Zahiri and Batuni. Otherwise like Prophet Mohammed and Prophets before Him, and Imams after them (Peace be upon them all and SAW), they are human like the rest of us.

However there are miracles all around us every day. Many choose to see them and many don't. We have the power to choose but not to determine or know the outcome. Many think we know and that we are the controlling the outcome. This is not so. Imam has regularly and recently reminded us again of our human limitations, and the power of the Batuni, the spiritual. The power of Allah.

Thanks

* India

You could be in His constant physical presence yet far away from
On November 25th, 2010 Alibhai Jiwani USA (not verified) says:

Who are really close to Mawla? Following verse of ginan illustrates it. The attendance in JK is vital for our lives

Karanina hina Ali ghar bhula – Shah ghar bhula,
To Gurnarka meda tenkhe nahiji

Translation:

They who are impious, forget the abode of Mawla Ali,
To them the spiritual joy of being in Mawla’s presence is lost.

Commentary:

The Qur’an says: “These are the people who buy the life of this world at the price of the Hereafter…” (Holy Qur’an, 2:86)
The impious ones fail in their allegiance they have sworn to Imam-e-Zaman, only increasing in their impiety and wrong deeds. Blinded by the evil, they turn away from all the spiritual bounties and Mawla’s Grace which is ever present in the Jamatkhana. Thus they become the losers.( source:Simerg.com). I hope Alnaz and Nagib are not compromising on this vital necessity. You have nothing to worry

* United States

Reflecting on a post from 3 months ago gives more meaning today
On November 24th, 2010 Alibhai Jiwani (not verified) says:

Historically leadership has created obstructions for Momins
On August 24th, 2010 Alibhai Jiwani (not verified) says:
A true momin's faith will always undergo testings!

The following history is remarkable. When al-Mu’ayyad-din Shirazi ,an exceptional poet and ardent Momin of the Imam left Persia and went to Egypt with a burning desire to see Imam Caliph Mustansirbillah, he feared the intrigues of the ministers who did not permit any man of learning to see Imam personally unless he complied with their dictates and acknowledged their superiority. On reaching Egypt he experienced all that he had feared. He was lodged in a small house and his visits to the court were short and limited to prevent him from seeing the Imam.

Most of the Vaziers and their junior officers were jealous of al-Muy’ayyad for they all saw in him the real threat to their positions. Disappointed, he finally decided to leave Egypt and wrote about his frustrations to Tastari, who was one of the powerful people in the Fatimid State. Shirazi wrote: “I have not come to Egypt to seek wealth or gain any position. The promptings of my faith have brought me here. I have come to visit the Imam and not the Vaziers and their officials. infortunately, these people stop me from having a look at my Imam and now I am returning disappointed” The sudden death of Tastari gave al- Mu’ayyad another opportunity to renew his efforts to get some time to be in the holy presence of the Imam and with the help of one of the minister he was able to have the “Deedar” of the Imam, for the first time in his life. ” I was taken near the place where from I saw the bright light of the Prophethood.My eyes were dazzled by the light .I shed tears of joy and felt as if I was looking at the face of the prophet of Allah and of the commander of the faithful, Hazrat Ali. I prostrated myself before the one who is the fittest person to bow to. I wanted to say something but I was awe struck… I tried to speak but my tongue refused to move. People asked me to say what I wished to say. I could say nothing."

The Imam said: “Leave him. Let his fear and awe subside.” He was in Sajda for hours!! After several years, the Imam graciously granted him the position of the chief Dai (Hujjat or proof of Imam) of the Fatimid Caliphate. While Appointing to this prestigious position the 18th Imam himself wrote a Qasida, which praises Shirazi’s knowledge and unique competence and his ordeal to visit the Imam of the time.

The Imam wrote:
“O Hujja, who is famous among the people,
Our doors were not locked to you
Except due to a hurtful, disturbing cause:
Our shunning was the shunning of a concerned father
Our followers have lost their right guidance,
So spread among them what you will of our knowledge
And be for them the concerned parent.
Even though you are the last in our dawa you have surpassed the compass of earlier dais
The like of you cannot be found among those who have gone, from all the people nor those that remain”

Amazing! Ever heard of Imam writing a Qasida for a murid? This proves Imam’s love is much more for his true Momin than a momin’s love for Imam. Source for the above article: Life and lectures of Al Muaayyad fid din al Shirazi
late Javed Muscati, Ismailia association for Pakistan 1950,

Reply

@ Alibhai Jiwani
On August 29th, 2010 Kasamali (not verified) says:
When Al Muayyad Din-al-Shirazi was given audience by the Imam Mustansir Billah the first time, he was transfixed for sometime as he experienced bright light of prophet hood and of Maula Ali. Although all others presents there did not experienced anything at all. This was nothing but ‘Noorani Deedar’ granted only to Al Muayyad Din-al-Shirazi by the Imam Himself.

A similar event took place during 8th Avatar, Lord Krishna, to Arjuna (one of the five Pandu brothers) at the battlefield. Here too, all others present in the battlefield saw nothing unusual. They just saw that Krishna was talking to Arjuna.
reply A true momin's faith will always undergo testings!

On August 29th, 2010 Kasamali (not verified) says:

Alibhai Jiwani narrated an event related to Al Muayyad Din-al-Shirazi who has to suffer obstacles and hardships just after his arrival at Cairo and during his initial stay there at the hands of very senior leaders of Imam Mustansir Billah. There is no indication in the history that the Imam intervened or that he castigated his leaders for inhuman treatment of his future Hujja. Though later on, after a couple years or so, he was granted highest posts of Hujja as well as vizier of Fatimid caliphate; both these posts he held until his death in later part of 1078. Exactly similar hardships and obstacles were also experienced by Hasan-bin-Sabbah during his later part of the stay at Cairo. The event runs as follows:

Hasan-bin-Sabbah arrived in Cairo early in 1078 when Al Muayyad Din-al-Shirazi was vizier. Hasan-bin-Sabbah was well received by Al Muayyad Din-al-Shirazi and stayed there for 3 years and visited Imam Mustansir Billah at least once when it was revealed to him by the Imam himself that his successor would be Nizar. Al Muayyad Din-al-Shirazi died in later part of 1078, and all powerful Badr al Jamali succeeded him as vizier, who became jealous of Hasan-bin-Sabbah and banished him from Cairo. Imam did not intervene in this case as well.

We all know that later on this same wonderful Ismaili hero and missionary single handedly planned and succeeded in establishing Nizari Ismaili rule in northern Iran( at and around Almut)

We can not understand every action of Imams. Why? The simple reply is: we, human being are gifted with only limited intelligence( Aqle juzz). And only for this reason that most of the historians could not understand many decisions and actions of our Imams Al Hakim bi Amr Allah (16th Imam) and Rukn al Din Khurshah( 27th Imam) and hence heavily criticized those decisions and actions.

* United States

Imam says Learn from the past & seize the future!
On November 26th, 2010 Alibhai (not verified) says:

Hazar mam said the following a few days ago in Doha "...Great icons of the past must not be allowed to disappear, without an opportunity to come back to life and serve the future.

At the same time, in looking at the places we have met and the projects we have honoured, we also see enormous diversity. Diversity, in fact, is part of the essence of Islam.

The unity of the Ummah does not imply sameness. Working in an Islamic context need not confine us to constraining models.

Nor does respecting the past mean copying the past. Indeed, if we hold too fast to what is past, we run the risk of crushing that inheritance. The best way to honour the past is to seize the future "

* India

Reply to Kanize (Canada)
On November 23rd, 2010 Zeenatara Allahrakhya (not verified) says:

Thank you dear Kanize for your response. You are so correct in your surmise about working in the zaheri presence of Imam. He is the sun, and if not careful one can get burnt very easily. But the dhongas seem to be immune. They do work hard, no doubt, they also work well and this is good. But they CANNOT and MUST NOT lose their adab. If they do then the honorable thing to do would be to bow out as penance. I have sent my letter to Dr Sachedina via email as well as courier. He may laugh it off, or crumple it and throw it into the waste bin but I have also placed the same request to Mowla Himself and I have the faith that He will listen.

Meanwhile, may the love for Him grow in our hearts. Today, during Eid-e-Gadhir celebrations, this beautiful verse of ginan was recited in jamatkhana which I wish to share with you:
"Ali Nabi ni Aal ne je kare pyar,
Te jivne ame sambhaar shu,
Jyare padashe kaljug kalikaar
Amaara pota na karine raakshu
Ane mahadan ma utaarshu paar"
(Those who show love for the Imam will be specially protected by Him against the world. He will keep them as His own and ensure their salvation)

Ya Ali Madad

@Zeenataara Allahrakhya re: above post (Nov. 23rd)
On November 23rd, 2010 Kanize (Canada) (not verified) says:

786
Thank you, Zeenatara. Ameen to you dua. And thank you soooooo much for sharing this beautiful ginan verse, I have never read it nor do I remember ever hearing it...Shukhar Mowla.
If more members of the Jamat express their indignation to the leaders, Insh'Allah, these leaders will put pressure on M. Sachedina. And perhaps, in the future, they will feel more accountable. Inside a week, three persons, including you, have posted here their letter to the leaders, that's unbelievable! And perhaps, a few more (hamaarè jèsè :-) will have written too, but without posting their letter here...We, members of the jamat, must take an active part in the jamat and feel concerned by what is happening.
And it does not matter if M. Sachedina crumples your letter after reading it: you will have been heard and you will have expressed yourself, that is what matters... And above all, by posting it here, you will have inspired many. Again, thank you. Take care.
Ya Aly madad.

* Canada

Kanzie Leaders are aware,
On November 21st, 2010 Bloglaw (not verified) says:

Kanzie Leaders are aware, Imam is aware and thank you

I think whoever does what Imam wishes is doing the right thing. Nagib and Alnaz are doing what is right. The outcome of this lawsuit will be decided by MHI. Whatever and whenever is the outcome, It will be what is best. Imam knows what to do, when, and knows best.

I feel Alnaz and Nagib, as sevadars, have been given an unprecedented and unique seva of being the catalyst for change at a critical time in our history. However we must not expect change overnight. We should suggest but not decide. We should desire the change and not seek or desire change, only to suit our personal desires. (MSMS)

What is absolutely certain is that change for the better has begun, and that Imam has expressed his thoughts and wishes for all of us to support each other and look after the best interest of the Jamat.

A small but significant indication is the 25th Anniversary of the Ismaili centre London. Who were present and what happened. There was HH Prince Charles, the Crown Prince of the United Kingdom. There was Hazar Imam and about 250 “Ismaili ambassadors” including Ismaili Staff of the Ismaili centre London, Ismaili Volunteeers, Current & Earlier Mukhi Sahebans of Darkhana and other JK’s in UK.

Hazar Imam and H H Prince Charles decided to walk around individually and talk to everyone in small groups. Hazar Imam and Prince Charles did so for about one hour. Many had the privilege of having direct discussions and most had the opportunity to be within earshot of azar Imam and H H Prince Charles individually. There were no formal speeches. What is also wonderful and touching is that the event images were uploaded overnight and Mukhi Sahebans personally informed their Jamats in JK’s at the first opportunity. Guidance, wishes, and directions given by MHI were and are being shared by and amongst members of the Jamat in UK. I will not be surprised that the video will be shown to the Jamat around the world and or there will be a readout in JK’s soon.

This I believe is a significant change from the norm of who is invited, what happens in such a high profile and outreach events. In fact this is not what happened when Imam came a few months ago when all the top leaders were in London and Imam gave them his thoughts in a speech setting for 1 hour and asked them to share his thoughts with the Jamat

Back to the Lawsuit and serious gaps highlighted by Alnaz and Nagib. Since Imam knows, Leaders know, and we are certain Imam will do what is best. Alnaz & Nagib should feel privileged and happy if they have decided to leave the decision entirely to the court by simply amending their defense in accordance with directions given by Hazar Imam on 15th October (which includes the consent order signed by them) They will have followed Imam’s direction and wishes to the letter and spirit.

Nagib and Alnaz will also be comforted and certain in the knowledge that it is Imam who will decide what happens next and what happens next will happen internally and will include assurances given by MHI on 15 October 2010. I also feel certain that the end of the court case is not the end, but only the beginning of a new beginning. Another milestone.

* United Kingdom

@ Bloglaw
On November 22nd, 2010 Nick (Candad) (not verified) says:

"I also feel certain that the end of the court case is not the end, but only the beginning of a new beginning. Another milestone... Ameen......... Insha'allah with Mowla Bapas Blessings "Khusiyo ke Din Vapas Lottenge Humari Jamaatmein."

* Canada

Re: above post of Nov. 21st by Bloglaw
On November 21st, 2010 Kanize (Canada) (not verified) says:

786
Oh la la, Bloglaw, your last line has given me goose bumps! Ameen, summa ameen. Insh'Allah. Thank you so much for sharing with us the details of Hazer Imam's visit to the London Centre. You "sound" so much at peace, and serene, Bloglaw. Thank you for reassuring us about the near future. Mowla bhalo karè, Bloglaw.
Ya Aly madad.

* Canada

@ Bloglaw Thanks. We need to
On November 22nd, 2010 Hassan (not verified) says:

@ Bloglaw Thanks. We need to feel and show love, respect and kindness for each other and amongst ourselves. We also need to communicate amongst ourselves with love respect and kindness at all times. I feel very sad to say that this is not the case and I hope this is work in progress.

* India

@bloglaw
On November 21st, 2010 Alibhai Jiwani (not verified) says:

I agree.
Excellent reflections by bloglaw

* United States

To Exercise patience and trust in Mawla. He will do the best .
On November 21st, 2010 Alibhai Jiwani USA (not verified) says:

Exercise patience and trust in Mawla

Vazir Dr Sachedina is appointed by MHI, we have no right to ask for his resignation, according to me. Hazar Imam in zahir world never fires any one. He is Allah’s Noor; he is all knowing, He always exercises extreme patience in matters like this. (Ref: ISMS first firman in Kalame Imame mubin, vol 1) The very fact that SS has got an opportunity to serve MHI so closely he must have accumulated some very good deeds and Ibadat in the past this life or previous that he has been rewarded by Imam with such a great opportunity.

He will continue to reap the benefits until his quota is replenished or his misdeeds piles up enough to deprive him of this extremely fortunate position. (But he will be given plenty of opportunities to correct himself)

"In Islam the Faithful believe in Divine justice and are convinced that the solution of the great problem of predestination and free will is to be found in the compromise that God knows what man is going to do, but that man is free to do it or not. Wars are condemned. Peace ought to be universal. Islam means peace, God's peace with man and the peace of men one to another. ." [Memoirs] -- Aga Khan III

Mawla has a way of managing everything in Batin and he knows it better than all of us. He sometimes lets the person do what he chooses all the way and then comes the reward or punishment whatever he deserves! We are not able to perceive what is good for us but he has knowledge of everything so He will do what is in the best interest of everyone.
In a silent way! Big way! More just than you can ever imagine! No one escapes any karma bad or good! The bondages of karma are very complex.

If you do one little good deed He absolutely notices and if you do one little bad He absolutely notices it. For one good deed he rewards you with 100 good blessings but one bad deed he gives you only one punishment because he is most merciful and beneficent.(Ref Quran)

So just like MHI we all have to have sabar and exercise good will and good gesture and behave with complete faith. It is MHI’s prerogative that he chooses SS as his top leader. When he keeps and when he does not. There is no democracy in religion. Ours is a love and faith based “Batuni” religion. Trust Him, he will do the right thing for everyone. There is a reason why case is going forward. MHI can end it in a fraction of a second if he so desires.
.

* United States

Response to Alibhai Jiwani (USA)
On November 22nd, 2010 Zeenatara Allahrakhya (not verified) says:

Hats off to your deep knowledge and staunch faith. Every word you write is true. But what you have not accounted for is love

When it comes to love, it becomes absolutely impossible to stand by and keep sabar and faith when your loved one is being insulted so openly and especially when the loved one is your Mawla. I have stated in the first sentence that Mowla has infinite patience and perseverance and is all-merciful. But for me, a mere human being, who is blinded to everything else but love, I cannot take it when somebody who has been granted such a privilege by Mowla Himself behaves inappropriately with that very same Mowla in front of my eyes. In such a case, keeping quiet would be a shame, a let-down for love.

Ask yourself: your wife whom you love dearly is treated so shabbily in your presence. She may not mind, she may forgive but you will certainly mind. Why? Because you love her.

Have you read the Ramayana? if you have then you will know how Bharat reacted towards his own mother when she banished his beloved Ram to exile. Ram forgave Kaikai but Bharat vowed to never look at her face again. That is love. You will also know how Lakshman used to react when his beloved Ram was affronted by anybody, and spoken to inappropriately. That is love. Throughout, Ram maintained Himself as the epitome of patience, perseverance and forgiveness. But those who loved Him could not tolerate, even in those eras.

So I agree that Dr Sachedina has been appointed by the Imam Himself due to his past good deeds or whatever but I CANNOT agree when he just behaves with the Imam anyhow, and nobody else should either. I am even beseeching the Imam Himself that it is painful for me to hear and see all this. Please, please remove him. Do not let him continue talking to You and behaving with You in this manner, Ameen.

I hope my position has now been better understood.

@Zeenataara Allahrakhya (Nov. 22nd)
On November 22nd, 2010 Kanize (Canada) (not verified) says:

786
Yes, Zeenat, your position totally, totally makes sense from the point of view of love. Thank you for clarifying it the way you have above. Yes, Bharat's actions were strictly based on love, even his accepting to let Sri Raam go into exile...And he himself lived as a hermit for 14 years...Because he loved Him. Indeed, it really hurts to read the transcript of all those cross-examinations and the description of the behavior of the leaders on Oct. 15, and what you described in your letter ...Appalling. Truly appalling. I really admire your courage in writing to M. Sachedina. Did you mail the letter or is it an e-mail you sent?

But, what saddens me, Zeenataara, is that, the next person that will replace him, if he is not able to remain steadfast in his attendance of Jamat Khana and other religious duties, he too will gradually be misled (and will mislead others), as zahèri closeness to Mowla Bapa can be very dangerous...I would never want to work in the zahèri presence of Mowla Bapa in case I lose sight of proper adab...

Ya Aly madad.

* Canada

The case is going to continue .... beyond year 2010
On November 21st, 2010 Sadrudin (not verified) says:

YAM.
Inshallah, the court will not issue summary judgement instead court will order the trial.The reason for this is simple, the plaintiff's attorney has not show what harm he can incur nor he has requested any kind of the stay order. The review of the current discovery is not sufficient to deduce one way or another. As soon as, that occur, the plaintiff will end up negotiating the consent judgement in good faith.

So be patience. Imam is the truth and truth follows him so it bound to happen consent judgement.

* United States

Open Letter to Shafique Sachedina - RE: Bow Out
On November 20th, 2010 Zeenatara Allahrakhya (not verified) says:

Dear Dr. Shafique Sachedina,

Our dearest Imam, Khudavind Hazar Imam, has infinite patience and perseverance (sabar).
But we murids who love Him with all our hearts and souls, cannot, for even a moment, accept the manner in which you behave in the presence in Khudavind.

I have had the opportunity to see with my own eyes how you try to manipulate and order the Imam around. In the Golden Jubilee darbar of Chicago, Imam wanted to spend more time with the murids who were ill and bedridden, placed near the entrance of the darbar. You literally nudged the Imam to proceed out of the darbar and I felt that this was indeed very inappropriate behaviour on your part. It does not matter how much freedom the Imam has given you but in His presence you MUST behave with decorum.

Similarly, at the hotel in Lisbon, once again, I saw you try your best to physically manoeuvre the Imam to go upstairs to the banquet via the route chosen by yourself whereas it was obvious to all the Imam wished to proceed upstairs via a different route i.e. through the coffee shop. On Imam's return from the banquet, you again tried to make Him avoid going through the coffee shop (where a few members of the jamat were present) but this time you did not succeed and the Imam came straight through the coffee shop, greeting and waving at the jamat.

Why do you act like this? Do you think you are superior to the Imam? Do you think the Imam does not know what He is doing? Truly, this is an outrageous abuse of the opportunity you have been granted to serve the Imam.

And now, in this case versus Nagib and Alnaz, it has become very clear indeed that you have very little regard, respect and reverence for our Imam. Statements such as "He thinks in French but speaks in English" are insulting to the extreme!! It is obvious that you treat the Imam as a human being, a senile human being. Even so, He is your boss and how can you behave like this in His presence?! I do not doubt Nagib's and Alnaz's testimonies at all because of my above-stated experiences.

We CANNOT have and accept leaders like yourself who treat our beloved Imam, the master of our souls, our whole and soul, so shabbily. In fact, the next time I see you I will confront you. But I wish for there to be no next time. I demand your resignation, if you have any ounce of shame left you should immediately bow out. I urge all my brothers and sisters who love the Imam to support me and to stand up for our Imam and with one voice and ask for this belligerent man to resign!!

Yours indignantly,
Zeenat Allahrakhya

@Zeenataara Allahrakhya (Nov. 20th) (letter to Sachedina)
On November 22nd, 2010 Abdullah (Canada) (not verified) says:

786
You are very brave, sister Zeenatara, to thus write to the leader. May Mowla protect you from any retaliation. Ameen.

Yes, indeed, all those who understand who the Imam truly is (and I think this lawsuit has shown us that there only a few members of the Jamat who do understand His true nature) find the behaviour of most leaders totally unbearable and unacceptable. And it is because these leaders don't understand Him that they behave in this way... It is so frustrating and so distressing. I have felt very helpless.
Ya Aly madad.

* Canada

Zeenat Allahrakhya
On November 22nd, 2010 Nick (not verified) says:

Zeenat Bahen, YAM
Imam the Master of our souls knows everything, But sometime people like SS reaps the benefit of their Past karmas and the service by their forefathers to the House of Imams, But Jab Aham aur Guroor ka Maati Ka Haanda(Ghada) Bhar Jaayenga tub Inshal'allh woh khud hi toot jayenga phir patta bhi nahin chalenga ki kaun they aise Leaders jo Imam ko Murido sein dur rakhate they, Bijli Ghirengi Jaroor per kab!!! woh Humara Pyaara Mowla hi jaanta hai behtar.

* Canada

@ Bloglaw
On November 20th, 2010 Kanize (Canada) (not verified) says:

786
Ya Aly madad, Bloglaw! In case you have missed that post, Moez Natho has posted a letter in French (followed by the Google English translation kindly provided by one of the readers whose name I can't recall) and in its conclusion he is asking you to send it to all the leaders. (Nov. 19 or 20 th I think).
I hope I am making sense, it is getting late...:-)
Ya Aly madad, Bloglaw. Do take care.

* Canada

“Netiquette.”
On November 20th, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, LIBRARIAN-UMED! I am always on my guard on etiquette and I do my level best to go with the tides of civility but in communication sometime it becomes very imperative to use the capital letters. Therefore, when I am using the capital letters I am not yelling at anyone nor I am against the propriety of “Netiquette.” Consequently, good manners will always be the vanguard in my communication! Allah Hafez, Nizar Ali K. Shivji!

The one root cause !
On November 20th, 2010 @Pirani (not verified) says:

Mr Shivjee what do you think is The one Root cause of the lawsuit and issues which Maybe a tip of the iceberg? I think it is because the constitution was not followed. And the solution is to ensure that the constitution is followed. The critical question – Has there been a real change in the top 20 leadership (the decision makers)in the last 20 years ?

* United Arab Emirates

"Let us move forward"
On November 22nd, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, MR. PIRANI! Whatever has happened in past is now times gone by issues and one cannot foretell the future! Whatever the unfairness or impediment one has experienced should not become the sacrament in our daily life. I am not an academic but I will say this to close this disagreement that things do not just happen! Allah Hafez, Nizar Ali K. Shivji!

What to expect of our Leaders?
On November 19th, 2010 Alnaz (not verified) says:

If they have galls to act in defiance of the Imam in His face, why would they act in a dignified manner behind the Imam's back? Why, indeed? I was introduced to the Ithmadi of Uk in Scarborough JK last weekend, someone who knew me and him brought him to me and introduced us. That hard working Ithmadi was not interested at all when I told him how the other leaders misbehaved in the Imam's presence, and was not interested in knowing at all what happened at the mulakat with the Imam, and simply walked away saying, sabar karo......

When the remaining leaders are not interested in the background noise and not concerned at all of what and how the "bad apples" spoil the basket, and continue blindly their hard work to serve the jamats, does their hard work save the jamats? or themselves? History is telling ..... WHOLE segments of the jamats were discarded by the Imams (and this has happened over and over). When I read historical events, I often used to wonder why whole segment(s) discarded?

History is repeating itself. Mawlana Ali, when fighting the battle at Siffin, had his own army refuse to follow his command in His face.... In due course, His great great grand child simply discarded the whole segment of the jamat, sent them to be murids of Muza Kazim, who progeny ultimately became childless after a few generations leaving these murids without a murshid. MHI said (I have given the citation in my defence), that they (who don't abide by my farmans) may remain part of the muslim ummah, but lose the right to be part of the jamath. Telling comments by a living Imam.

* Canada

@Alnaz re: above post of Nov. 19th
On November 23rd, 2010 Kanize (Canada) (not verified) says:

786
Dear Alnaz,
Please accept my heartfelt apologies for my reply of Nov. 20th to your above post of Nov. 19th: after I read the post of Zeenatara Allahrakhya of Nov. 22nd, in which she was explaining that her letter to M. Sachedina came from her love for Mowla, I understood that the words (Sabar karo) of that Itmadi from U.K. and his seeming lack of interest when you were trying to tell him about the poor behaviour of the leaders hurt you because of that same love. Please forgive me, I should have kept quiet instead of responding to your post. I hope you can forgive me.
Ya Aly madad.

* Canada

@Kanize's apologies
On November 24th, 2010 Alnaz (not verified) says:

Dear Kanize:

I was not hurt at all by your comments and you do not need to apologize at all. I welcome comments either correcting my errors or providing a different view of the situation. It is far better to be corrected if needed or to be directed to a different view, which enables us to continue to grow and mature.

* Canada

@Alnaz re: above post of Nov. 19th
On November 20th, 2010 Kanize (Canada) (not verified) says:

786
If I may, I would like to point out two things. No offense meant!
The first one is that I don't think any Imam needs to "discard" or has "discarded" any segments of the jamat: it is the members of the Jamat themselves who sever the bond with the Imam and they themselves leave the right path, and the cause of their going astray is probably weakness in dasond.

The second one is that, through previous posts on this page the readers have been made aware of the way the leaders behaved with Mowla Bapa on the 15th of Oct., and that information was most useful. Now that that information has been shared, perhaps we ought to remember Mowlana Sultan Mohammed Shah's farman, "Tamè kharaab nè kharaab na kyo." And He said something to the effect of, "tamè koyno kanoon na karo, Amaara upar mukidiyo." I do realize how hurt you have been (and many of us too since we all care), but perhaps now we should just try to act as this farman tells us to act. I am sure Mowla Bapa will help you and Nagib.

Please, if my words have hurt you, Alnaz, I sincerely ask you to forgive me. I do not wish to offend you or hurt you in any way.
Ya Aly madad.

* Canada

You could have misunderstood the gesture of this UK Ithmadi?
On November 20th, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, MR. ALNAZ! Could it be possible that you could have misunderstood the gesture of this UK Ithmadi? You have to appreciate that those people who have resided in UK most of their lives have a tendency to be rehabilitated into a snobbish kind of reservation! Hazar Imam is all knowing and He understands that some of appointed leaders are deficient in gesticulation. However He said in one of His Farman in India that nobody is perfect with exception of Allah! Any Seva performed with selflessness, diligence, without any remuneration, and reward is the best way to get personal satisfaction! Any religion which is practiced with good intention is the ultimate way of salvation! If I was in your place I would not worry about these snooty! Allah Hafez, Nizar Ali K. Shivji!

The reason why a Leader did
On November 19th, 2010 Momin (not verified) says:

The reason why a Leader did not talk to you in a JK or Jamati setting is a combination of uncertainty and fear of any impact on him or his family. This is understandable in the present institutional realities and mindset. change takes time and this is unprecedented. We must not blame but try to understand Each other, and work harder and make more effort for the benefit of the Jamat and for our Imam. What is most important is that leaders are aware and informed in every way possible. What Itmadi or leaders should have done is to listen, understand, and then pass the information in this case with his thoughts direct to MM and DR SS, who should welcome this input and thank him.

* United Arab Emirates

Leader's actions!
On November 20th, 2010 Alnaz (not verified) says:

They don't even bother to listen because they accept the likes of SS and MM as Mungu Ndogo (little god), and the likes of us as shaitaans.

Most people don't read history but the SS during the time of our beloved prophet was Abu Bakr who was a rich tycoon and served the prophet and islam a lot, spend a lot of time beside the prophet. However, despite his seva he was kept out of the sat panth.

Bring mukhi, SS, MM, etc does not mean he is she is accepted into sat panth, MSMS often spoke about TRUE Ismailis (eg. Chandraat Farman is for 'all true Ismailis), MHI always directs his farmans to his 'beloved' spiritual children.

The question each of us has to ask, am I beloved to him? There are farmans and ginans that tell us what are the criterias for becoming 'beloved'.

* Canada

Not to judge but... it is good to do some reality check
On November 19th, 2010 Alibhai Jiwani USA (not verified) says:

I have seen quite a few leaders some mukhis , some presidents, suffering from illnesses that make them mohtaz for years together in a pitiable condition , I shiver with the thought why? The bonds of Karma (deeds) are not easy to understand.

The very same people who were moving in society like no one else is as" blessed" as them ,suffering and sent to the bottom of human existence and dignity makes you shudder with fear is that worth going for all that name and fame and not recognising the "essence" all that worth?

Some how Ibadat Bandagi is not given enough importance any more by us and under the umbrella of perceived"seva" or "Khidmat" the bliss and blessing of Imamat is not experienced and understood even by the persons working so close to Mawla.

Plenty of "volunteer recognition functions" and puffing up the egos of all who wear uniforms or sit on pats and councils and do seva without even understanding or reflecting whether some of us indeed are doing "service" or "disservice" to jamat and our Mawla ? This reflection must be an important requirement of the "seva"

How many jamati members who may be the "real momins of Mawla" my be silently suffering because of the injustice done by senior leaders of the jamat who forget the batuni presence of Mawla? They keep treading the same path as their predecessors making the system more and more unjust.

As it is Mawla does not make it easy to understand his "avtar" and achieve "His true recognition" ,but when the Ibadat and true essence of our very tenent faith are forgotten or not given due importance even by the very Institutions who are suppose to teach and role-model I am not sure if we will be worthy of Mawla's continuing mercy , overlooking our misdoings and mis appropriation? And for how long?

"He cannot be achieved by anything else except his "Ibadat"

Seva x ibadat =benifit or sawab
if there is no ibadat however much seva is put in
the equation will be
100 seva x 0 ibadat = 0
This is the fundamental teaching of Ismailism.

One Tarika board chairperson holding the post for eternity was and is barely even seen in jamatkhana. Is it a blessing or curse? Was Ibadat completely ignored? I dont know. When will we strive to achieve the true understanding of""Imam and Imamat"? One of the proposed important GJ initiative did it even got initiated?

Just because He lives amongst us , eats with us, wears clothes like us and drives car like us does not mean He is same like us and we behave with him like an ordinary man! Mawla is the truth. And the truth is Mawla. But His true understanding can only be achieved when we infuse our lives with his Ibadat and rememberance and Zikar
There is no other way. When the truth will be in front of our eyes there will be no time to correct our mistakes!
(As per ginans and farmans)

* United States

@Alibhai Jiwani re: above post of Nov. 19th
On November 20th, 2010 Kanize (Canada) (not verified) says:

786
One of the problems is the lack of proper religious education (i.e. that really teaches the concept of Imamat) because the parents fail to instill in their children from their very earliest age love for the Mowla and the understanding of who He really is, either because they themselves don't have that love and that knowledge or because they count on the Bait ul-ilm to do this teaching, but the Bait ul-ilm doesn't seem to touch on the subject...And anyways, no BUI can ever replace parents where the upbringing in the faith is concerned...If the members of the Jamat were better educated in and aware of the faith, things would not be so bad, and I am sure this lawsuit would never have gone so far as the jamat would have put pressure on their leaders to stop it...
Ya Aly madad.

* Canada

Imam reminds us regularly of
On November 20th, 2010 Momin (not verified) says:

Imam reminds us regularly of having the right balance Between din and dunya. Ibadat means acts worship or the performance of religious duties and obligations. seva is for us an integral part of our religious duties and our bayat. In Islam religion is a way of life including the spiritual and the material. Both are necessary and too much of any of the two is not good for us. What we all need to do individually is to have the right balance. Today we all need to do everything we can to reverse the growing gaps in the jamat between excessive material greed - Dunya, and our spiritual -Din- ethics and values which needs to drove and guide us in out daily lives

* United Arab Emirates

Argument left for Summery Judgement argument.
On November 19th, 2010 Dilawar H Momin (not verified) says:

“Both Mr. Jiwa and Mr. Tajdin have formally confirmed, on the record, that they will not argue at the summary judgment motion that His Highness Prince Karim Aga Khan is not authorizing this action.”

* United States

This mean they will not
On November 19th, 2010 librarian-umed says:

This mean they will not argue to save time, it does not mean they are saying that Hazar Imam is plaintiff. Of course he is not. Unless you think that knowing that Alnaz has not published any Farmans he has accused the wrong person [Tauba!]

Faith Based Principle
On November 19th, 2010 Kasamali (not verified) says:

One of my acquaintances asked me why Nagib and Al Naz were not flexible enough to sign the consent agreement when they had disagreement over only one clause of infringement of copy rights.
I responded: “Al Naz has nothing to do with this case, as HI Himself made it clear when Nagib told Him about non involvement of Al Naz. As far as Nagib is concerned, he had presented a Mehmani to HI through Alibhai, and He blessed his work and permitted him to continue with the work of printing Farmans. So till printing of this Golden edition, Nagib has acted according to guidance given to him in Mehamani. This too HI admitted during discovery meeting. So till printing of this Golden edition book, Nagib acted according to guidance given to him in Mehmani. In simple words, if he agrees to infringement condition, he breaches the sanctity of Mehamani and Nafarmani to which he will be the last person to do it.” To this he interrupted,” what if they lose the case?” I replied, they were faithful to their Lord and under His protection; the end result does not bother them much. How can anyone compromise on faith based principle?

“Whoever acts according to my guidance to please me and totally surrenders to me, O Arjun, I take him under my protection and save him from evil forces and calamities.“ (Gita)

Re: Kasamali's post (Faith Based Principle)
On November 20th, 2010 Kanize (Canada) (not verified) says:

786
Indeed, how could they sign such a document when Hazer Imam Himself said on the 15 of Oct. that all those who had a copy of the book could keep it??? Obviously, there is no infringement in His eyes. Ah, but the leaders and their lawyer can think otherwise...If only Mr. Sachedina had cooperated in the publishing of it, and if only Mr. Bhaloo had forwarded the farman to him in 1998 as he had been asked to rather than keeping them with him until now, as he himself admitted at the cross-examination!
"Wa man aufaa bimaa aahada alaihullahu fasayutihi ajran azeemaa." Insh'Allah, it will be so with Nagib. We just need to continue to pray for mushkil aassaan and subudhi.
Ya Aly madad.

* Canada

@ Kasamali re: above post (Nov. 19)
On November 20th, 2010 Abdullah (Canada) (not verified) says:

786
Thank you for this post, brother Kasamali: those who do not have the time to read all the official documents and motions can understand much from your clear and succinct summary...Indeed, "Jènè Raam raakhè, tènè koy na chakhè."
Ya Aly madad.

* Canada

@Kasamali ref : Gita
On November 20th, 2010 Alibhai Jiwani USA (not verified) says:

How very comforting to the true believers . Your quote from Gita. If you read Bhagvat Gita it feels you are reading Shah Karim's farmans . You just have to be able to context it and conceptualise it to present times.

* United States

Our Frontline Leaders
On November 19th, 2010 An ordinary Murid (not verified) says:

The discovery meeting clearly showed us as to how our leaders behave with HI. The two frontline leaders SS and MM instead of helping maintain amicable environment in the meeting, they vitiated it.
HI clearly expressed His wishes as how to proceed for the solution, but these two leaders of our, instead of saying ‘ Amen’, not only tried to give their unsolicited advices/suggestions to HI but also even argued with Him.
Didn’t He clearly indicated as to How hw intends to tackle the case issue? Even He turned down their unsolicited interfered advices. These leaders, along with Gray, want to inflict maximum damage to the defendants. The reason: egoism and vengeance over powered their wisdom.

Leaders must act with absolute integrity, diligence and devotio
On November 18th, 2010 Bloglaw (not verified) says:

The open letter to Dr SS & MM has been sent to them, and to other leaders. In accordance with their oath of office, all leaders have promised to act with “absolute” integrity, diligence, honesty and devotion. Therefore leaders have committed to raise and proactively discuss amongst themselves the issues and solutions. Then If necessary, to jointly or individually seek guidance from MHI.
In some of the Constitutions distributed nationally is printed the oath of office which Leaders have pledged and signed ;
Bismi-Llahi-R-Rahmani-R-Rahim - I............................do hereby solemnly and sincerely reiterate my absolute faith in, and Spiritual allegiance and devotion to Mawlana Hazar Imam, Shah Karim Al Hussaini, His Highness, Prince Aga Khan.
Further, I make solemn oath in the name of Allah and say
1. That I shall protect and defend the Ismaili constitution and the rules and regulations made thereunder;
2. that I shall perform with absolute honesty , integrity, devotion and diligence and to the best of my ability, all the duties and obligations entrusted to be; and
3. that I shall not disclose any confidential matters or proceedings pertaining to my office.
Dated and signed

In light of the above promise and oath, I sincerely hope and pray leaders will do their very best to d what is right and what is in the best interests of the Jamat as directed by Mawlana Hazar Imam. Ameen.

* Germany

@ Bloglaw re: above post of November 18th
On November 20th, 2010 Kanize (Canada) (not verified) says:

786
Thank you so much for posting this oath of office, Bloglaw. To think that the leaders can forget so much of what they pledged...It is so sad, ya Mowla, so sad...They should be regularly reminded by their friends and family members to review this oath...
Man, am I ever glad I am not a leader! I would not want to be corrupted by a position that yields power... I feel sorry for them.
Ya Aly madad.

PS I trust you will inform us of the reply to your letter, if a reply there is, Bloglaw.

* Canada

Leaders responsability
On November 19th, 2010 mohez nato (not verified) says:

Appel aux Responsables Institutionnels et Leaders du LIF

Cet appel n’a pas un caractère ou une critique vindicative ! Cette missive se fonde sur le principe de fraternité, sur le pardon et une prise de conscience que nous sommes tous des frères et sœurs et nous sommes les enfants spirituels de Mowlana Hazar Imam !

C’est aussi le cri de cœur d’un simple ismaili, âgé de 65 ans, riche d’une vie intellectuelle bien remplie et fier de vivre sa Foi selon l’Ethique et les Farmans de son Guide Spirituel, l’ Imam du Temps Présent!

Ce qui m’amène à vous écrire, c’est une forme de tristesse, cette douleur qui est trop lourde à vivre, liée à cette poursuite et ce conflit provoqués par ce « lawsuit », indigne de notre idéal communautaire !
Il est urgent que vous arrêtiez ce conflit, cette violence, cette « hémorragie morale », qui nous décourage tous, une forme de souffrance insupportable !

Malgré l’intervention, les directives très claires, très « inspirées », en date du 15 Octobre de notre Vénéré Hazar Imam, ce conflit judiciaire prend encore des proportions indignes via les médias et l’internet !
C’est inadmissible, c’est incompréhensible ! C’est inacceptable ! Votre silence est étourdissant !

Mes frères et sœurs, leaders et top leaders, membres des Institutions mises en place par Mowlana Hazar Imam, prenez vos responsabilités ! Vous devez réaliser que cette souffrance est présente en chacun de nous , il vous faut la comprendre, l'accepter ainsi, la regarder en face et utiliser votre position de leader pour se dépasser et agir dans une dynamique qui soit le changement que nous voulons voir dans le Jamat pluraliste , diversifié, méritocratique.
Et que les « verrous », les « tracasseries bureaucratiques », « l’esprit de clans » cessent pour un bon fonctionnement de nos Institutions !

Avec vos appuis, vos conseils, vos échanges avec les uns et les autres, en cherchant à vous appuyer sur des expériences qui marchent dans certains jamats, à s’inspirer de cette forme de dynamique « Leaders- MukhiSahebs-Jamat-Volontaires », qui doit réunir, rechercher la complémentarité, l'unité, et qui doit dépasser toute stigmatisation et les jugements avec des « a priori ».

Vous devez être les acteurs « inspirés », bien perçus par tous les segments du Jamat, avec un esprit rassembleur et voulant jouer collectif, capables d’oublier votre ego et sachant dépasser les clivages et surtout soucieux de partager et d’honorer les Directives et les Hidayaths de Mowlana Hazar Imam ! Depuis les différents Darbars du Golden Jubilee, cette feuille de route est claire, bien tracée !

Nous sommes tous responsables car nous sommes tous interpellés par ces Directives de Mowla Bapa ! Alors, ne perdons pas notre temps pour des conflits inutiles, étalés sur la place publique judiciaire ! Travaillons ensemble, vous devez insuffler cette dynamique ! Mowla Bapa n’a-t-il pas dit qu’Il est très ambitieux pour nous ! Il est urgent d’en prendre conscience, nous accepter les uns et les autres, d'utiliser toutes les compétences pour tenter de nous élever à un niveau de conscience supérieur ! Cette acceptation de notre diversité et du pluralisme au sein du Jamat est la clé du succès !
C’est par le dépassement humble de votre condition de Leaders, ouverts, inspirés, loyaux , généreux et charismatique que nous arriverons à résoudre les problèmes avec nos jeunes générations, préserver la dignité des seniors, s’attaquer aux problèmes de la grande pauvreté dans notre Jamat !

Il n y a rien de dramatique non plus dans la reconnaissance de nos propres faiblesses et conflits intérieurs ! Il n’y a que « Allah qui est parfait » !
Avec la Grâce de Mowla Bapa, Sa Miséricorde, Son Exemple, le vent de l'espoir du changement doit être là ! S’il vous plaît, prenez vos Responsabilités et toutes nos prières, notre pardon et notre considération vous sont acquis !

Ayons tous l'humilité de reconnaitre notre propre responsabilité dans chaque problème ou conflit. Mais admettez que ce « lawsuit » est inutile, il faut vite clore cet affreux chapitre ! C’est un échec pour nous tous et comme il faut toujours tirer une leçon d’une déconvenue, c’est peut être le début d’une prise de conscience de votre propre responsabilité et la condition d'un vrai changement de vision et de comportement que Mowla Bapa attend de nous tous !

Ne plus juger mais agir, ne pas condamner l'autre mais reconnaitre et accepter d'abord ses propres limites. Chercher systématiquement la complémentarité et encourager le changement harmonieux pour la réussite des objectifs et la Vision de Mowla Bapa pour Ses Disciples et les partager avec les autres membres de la société où nous vivons !

Il nous faut bannir de nos pensées la suspicion, et accorder plus de liberté et donner plus de chance au changement collectif. C'est se faire confiance collectivement, croire vraiment au changement et l'encourager chez soi et chez les autres ! Mowlana Hazar Imam n’a-t-il pas dit qu’Il est toujours avec nous !

En donnant votre point de vue, en vous engageant selon votre âme et conscience dans ce débat et définitivement clore ce »lawsuit », sachez que vous allez rehausser votre statut de « leaders » et que vous allez démontrer un réel changement dans votre comportement, sans doute le fruit d’une profonde réflexion, d’une quête pourquoi pas intellectuelle et spirituelle qui aboutit à cette forme de maturité ou mutation intérieure et individuelle.

Avec toute ma considération, mon estime et mes respects très fraternels et mes sincères Ya ali Madat !
Que Mowla nous garde tous sur la voie droite du Sirata-Mustaquim !

Mohez nato
Ps j’autorise Les Internautes de traduire en anglais et à Bloglaw de transmettre aux Leaders ma missive. Merci d’avance.

* France

@Mohez Nato (re: above letter of Nov. 19)
On December 1st, 2010 Kanize (Canada) (not verified) says:

786
Le LIF a sans doute déjà reçu votre lettre (le courrier arrive plus vite au Royaume-Uni qu'en Europe) et le Conseil de France est sur le point de la recevoir, Insh'Allah. Reste à savoir maintenant si les dirigeants prendront la peine de la lire !
Mais au moins, nous, nous aurons rempli notre devoir ! Shukhar Mowla !
Ya Aly madad.

* Canada

@Mohez Nato (re: above letter of Nov. 19)
On November 23rd, 2010 Kanize (Canada) (not verified) says:

786
Félicitations ! Je suis bien contente que vous ayez pris votre courage à deux mains et que vous ayez rédigé cette lettre aux dirigeants ! Après vous, quelqu'un d'autre aussi a fait de même sur cette page! Ça va faire boule de neige, Insh'Allah ! Qui sait, d'autres ont sans doute écrit ce qu'ils pensaient sans l'afficher ici ! Plus les membres du Jamat vont s'impliquer et s'exprimer franchement avec leurs dirigeants, plus ça va faire bouger les choses ! C'est notre laxisme qui leur permet de dépasser les bornes.
Merci ! Ya Aly madad.

* Canada

French comment By Nato( English translation by google)
On November 19th, 2010 Alibhai Jiwani USA (not verified) says:

French to English translation
Leaders responsability
On November 19th, 2010 mohez nato (not verified) says:
Call for Institutional Managers and Leaders of LIF

This call was not a vindictive nature or criticism! This letter is based on the principle of brotherhood, forgiveness and the realization that we are all brothers and sisters and we are the spiritual children of Mowlana Hazar Imam!

It is also the cry of the heart of a simple Ismaili, aged 65, with a rich intellectual life busy and proud to live according to His Faith and Ethics Farmans his Spiritual Guide, the Imam of Time Present!

Which brings me to write is a form of sadness, pain that is too heavy to live, connected with this lawsuit and the conflict caused by this "lawsuit" and unworthy of our great community!
It is imperative that you stop this war, this violence, this "moral hemorrhage, which discourages us all, a form of suffering unbearable!

Despite the intervention, the guidelines very clear, very "inspired", dated October 15 of our venerable Hazar Imam, the legal conflict is still unworthy of proportion through the media and the internet!
This is unacceptable, it is incomprehensible! This is unacceptable! Your silence is deafening!

My brothers and sisters, leaders and top leaders, members of the institutions set up by Mowlana Hazar Imam, take responsibility! You must realize that this pain is present in all of us, you must understand, accept and, face it and use your leadership position to excel and act in a dynamic that is the change we want to see Jamat in the pluralistic, diverse, meritocratic.
And that "locks", the "red tape", the "spirit of clans to cease proper functioning of our institutions!

With your support, your guidance, your interactions with each other, trying to lean on the experiences that work in some Jamaat, to emulate this form of dynamic "Leaders-Jamat-MukhiSahebs-Volunteers", which must unite, seek complementarity, unity, and which must exceed any stigma and judgments with "a priori".

You must be players "inspired" well received by all segments of the Jamaat, with a unifying spirit and willing team player, able to forget your ego and knowing beyond the divisions and especially anxious to share and honor the Guidelines and the Mowlana Hazar Imam of Hidayaths! Since the various Golden Jubilee Darbar, the roadmap is clear, well drawn!

We are all responsible because we are all concerned with these Guidelines Mowla Bapa! So do not waste our time in unnecessary conflicts, spread in the public court! Working together, you must instill this dynamic! Mowla Bapa did not he say he is very ambitious for us! It is urgent to realize, we accept each other, using all the skills to try to elevate ourselves to a higher level of consciousness! This acceptance of our diversity and pluralism within the Jamat is the key to success!
It is overrun by the lowly status of your leaders, open, inspired, loyal, generous and charismatic that we will resolve issues with our younger generations, preserve the dignity of older people, tackling the problems of extreme poverty in our Jamat!

There s nothing more dramatic in the non-recognition of our own weaknesses and inner conflicts! There is that "Allah is great!
With the Grace of Mowla Bapa, His Mercy, His example, the wind of hope for change must be there! Please take your responsibilities and all our prayers, our forgiveness and our consideration are all yours!

All have the humility to recognize our own responsibility for every problem or conflict. But admit that this "lawsuit" is useless, it must quickly end this terrible chapter! It is a failure for us all and as you always learn from a setback, it may be the beginning of an awareness of your own responsibility and the condition of a true change of vision and Mowla Bapa behavior expected of us all!

Do not judge but to act, not to condemn another but first acknowledge and accept his own limitations. Systematically seek complementarity and encourage change for the harmonious achievement of objectives and vision for His Disciples Mowla Bapa and share with other members of the society we live in!

We must banish from our minds the suspicion, and give more freedom and give more chance to collective change. It is to trust collectively believe really change and encourage in self and others! Mowlana Hazar Imam has he not said that He is always with us!

By giving your point of view, engaging you according to your conscience in this debate and finally close this "lawsuit", know that you will enhance your status as "leaders" and that you will demonstrate a real change in your behavior without probably the result of profound thought, why not a quest leading intellectual and spiritual maturity in this form or transfer internal and individual.

With all my respect, my esteem and my respect very fraternal and sincere Ya ali Madat!
Mowla that keeps us all on the road right-of Sirata Mustaquim!

Mohez nato
Ps I allow Internet users to translate English and Bloglaw to forward my letter to the Leaders. Thank you in advance.

reply
France

* United States

I doubt if any leader will respond or act proactively
On November 18th, 2010 Alibhai jiwani (not verified) says:

I seriously doubt if any leader will really perform. The oath signing for them is like signing one piece of paper which you sign number of times when you even sign a cell phone contract or any regular contract. But I hope I am surprised. Also must ask for the farman book which was promised by LIF in the lengthy harsh announcement a year ago. When is it going to be available?

* United States

So what went wrong (& why) ?
On November 16th, 2010 Bloglaw (not verified) says:

So what went wrong (& why) in not using arbitration in this lawsuit ? What will be the impact on the work and role of NCAB? - A summary from an arbitration and conciliation article by M Keshavjee in 2005. Was M Keshavjee or NCAB consulted ?
Mohamed M. Keshavjee is a Barrister-at-Law from Gray’s Inn, London and an Advocate of the High Court of Kenya. He is a Governor of IIS and has been Global head – coordinator of ITREB for over 15 years. Since 2000, he has also been responsible for conceptualising and implementing all training programmes for the National Conciliation and Arbitration Boards of the Ismaili Muslim Community internationally. He was also a part of th team who drafted our global and regional constitution and the rules.

1 The Global Ismaili Constitution is founded on each Ismaili's spiritual allegiance to the Imam of the time, which is separate from the secular allegiance which Ismailis owe as individual citizens to their respective national entities.
2 While the Constitution serves primarily the social governance needs of the Ismaili community, its provisions for encouraging amicable resolution of disputes through impartial conciliation, mediation and arbitration, are being increasingly used, in some countries, by non-Ismailis.
3 Conciliation and Arbitrations Boards of the Ismaili Community operate exist in Afghanistan, Canada, France, India, Iran, Kenya, Madagascar, Pakistan, Portugal, Syria, Tanzania, Uganda, the United Kingdom and the USA. (since 2005 other countries may have been included)
4 The Board is made entirely on a voluntary basis and the Boards are made up of trusted individuals, mainly volunteers, from various fields of endeavour from within the Ismaili Community.
5 The Boards also act as an arbitration and judicial body and accordingly hear and adjudicate upon commercial, business and other civil liability matters and domestic and family matters.
6 The informing ethos of all these boards are the principles of negotiated settlement (sulh) and forgiveness embodied in the Holy Qur'an, the Sunnah (tradition) of the Prophet (P.B.U.H.) the guidance of the earlier Imams and the teaching and guidance of the present, 49th Imam. The Boards always operate within the laws of the various countries in which they function.
7 In keeping with the guidance of the present Imam, an international training programme was launched in England in 2000 with a view to upgrading the skills and proficiencies of the Conciliation and Arbitration system of the Shi'a Imami Ismaili Muslims. An important aspect of the training programmes is to ensure a balance between the lived wisdom of the various communities, the basic ethical framework of Islam which emphasizes care, compassion and consideration and the principles of contemporary ADR practice. …The programmes are conceptualized to ensure a balance between a "top down", inductive approach and a "bottom up", deductive one (JP Lederach).
8 The training programmes, which started off in the United Kingdom in 2000, have undergone changes, as the roll outs move from one country to another. New dimensions, highlighting the concept of greater relationality, called for ongoing re-designing. "Community sculpt", as the authors refer to greater stakeholder participation, indicates that in various cultures, if one does not include critical stakeholders as part of the solution, they become part of the problem.
9 This paper shows how the judiciaries of other countries are beginning to recognise the NCABs as bona fide bodies and are referring matters back to them for resolution, within the framework of the ethical norms and principles set up for their effective operation.

* United Kingdom

The consent judgement Not done.
On November 16th, 2010 Alibhai Jiwani USA (not verified) says:

The consent judgment not working out may be a blessing in disguise for the defendants. It would have guaranteed a “ off the hook” immunity status to the leaders by making defendants withdraw the allegations of fraud.

They are the ones who did not follow MHI’s wish to end the lawsuit by consent judgment and all other guidance given off the record. They rushed to proceed for summary judgment by running with only “on record sentences” of an irregularly conducted discovery and ignoring all the guidance given by Hazar Imam, defendants did not do it.

Leaders are not doing Farman bardari to the Hazar Imam. The discovery process and the subsequent non-actions and rushing for summary judgment make it obvious. Hazar Imam appeared to “Save his leaders and institutions” but seeing the non-grateful behaviors of leaders in question he might have rethought the result and planned a different outcome? (In Batin)(May be)! (He is the only one making all this Leela)

The consent judgment to work out was more in favor of the leaders than the defendants. They had more at stake and a greater responsibility towards jamat and Hazar Imam. They are the ones who should have really worked hard to get the allegations of fraud removed. Why would Hazar Imam simply not say there was no fraud? There was no need for him to urge to remove the allegations. (So the fraud did happen?)

And Nagib and Alnaz complied in their signed consent judgment drafts but it was Mr. Gray who wanted differently. The issue of infringement, once the defendants agree they will not publish anymore was not much of any significance.
In the last 50 yrs how many people have tried to print Firmans randomly? And in future once the article may be in place in constitution and official copyright certificate done if MHI wishes there is no Q of future problems of others doing it if that was a concern.

Not working on Imam’s directions might hurt them big time! But they have more faith in Mr. Gray than Hazar Imam? So that is why they are going by Gray’s recommendations and not by Hazar Imam’s who clearly indicated to work to gather and work by conciliation and he clearly acknowledged the defendants by offering to work together in future and meeting in future!

What will happen say the judge rules that the discovery process was not fair to the defendants? There is a 50 percent chance of each party to win the summary judgment there is a 50 percent chance court may rule there was forgery and case be dismissed, then what? Who loses? Of course the leadership. MHI tried but they failed to appreciate and submit.
I understand the other 50 percent chance of defendants losing which is same as agreeing to consent judgment prepared by Mr. Gray, which I believe, includes everything on statement of claims anyways. So who has more at stake?

Nagib and Alnaz are right in choosing to be at the mercy of divine Mawla and Canadian judge than Mr. Gray

* United States

confused
On November 17th, 2010 confused (not verified) says:

So exactly who is Gray representing then?
On the day of the discovery, the court ordered the Plantiff to appear, and it was MHI that appeared...
Who should have been on that seat instead? Who is the real plaintiff?

* Canada

Who appeared?
On November 18th, 2010 believer (not verified) says:

On the day of the discovery, the court ordered the Plaintiff to appear, and 3 people appeared:
MHI, SS & MM

From what we have heard so far,

Imam came with a loving, calm, conciliatory attitude, and his statements were not aligned with the pleadings or the testimonies from the cross-examinations..

Gray, SS, and MM seemed aligned together and were loud and unwavering

So the question remains, who is the real plaintiff?

Good insight...
On November 20th, 2010 not as confused (not verified) says:

I supposed that makes sense to some extent - you're right all three were there. But Interestingly the court swore in only MHI as the plaintiff and not SS/MM.
YAM

* Canada

After reviewing the Discovery transcripts
On November 16th, 2010 Alibhai Jiwani USA (not verified) says:

Today I read the transcript of the discovery (Oct 15, 2010) again and recognized that Mr. Gray has very cleverly and successfully got on record all that he wanted.

Alnaz and Nagib were spiritually overwhelmed and were unaware of the manipulative game of Mr. Gray in process who was fully functional as a “lawyer only” and got exactly what he needed.

Since Alnaz and Nagib do not have lawyers and previously Mr. Gray had motioned the first order of Judge Tabib for the plaintiff to attend the discovery in that light the judge might understand the defendant’s point of view versus how aggressive actions of Mr. Gray have been all along and may not easily grant summary judgment to the plaintiff in the upcoming sessions.

The weaker side is normally given a due consideration and fairness by the judge. Also Mr. Gray has repeatedly included Alnaz in his letters to the court regarding discovery but :

1.Alnaz was never supposed to be a part of the discovery. He was merely advised to be present.

2.He was not supposed to function as Nagib’s lawyer how could he order the reporter to remain on or off record? That will prove that Gray controlled the court reporter.

3. Incidentally there is nothing in the transcript that “confirms that was no forgery”

4 Nothing says that.” There was no verbal consent in the Mehmani”

5.Why were Mr. Manji and Dr Sachedina allowed to be present during discovery without defendant’s permission?

The above points might make the judge suspect that bullying and manipulations might have indeed happened in the discovery process.

In that case it will be very difficult for him to give summary judgment right away in favor of the plaintiff.

On the other side if the “on record contents” of the discovery are still accepted by the judge than the defendants “agreeing to withdrawing all allegations of forgery” will not help them to give a summary judgment in favor of defendants either.

From the above It looks to me (I am not a lawyer but from common sense) like there is no end to the case in very near future. Hazar Imam saying: “ We will meet again” to Alnaz and Tazdin might prevail sooner than expected. And he might choose to return to the court once again for his 2 true momins. He will not let injustice be done to his momins that is my faith-based statement. “He loves his true momins much more than they can ever love him.”

The first arrival was to “save leaders” but incidentally Gray’s own sabotaged the discovery process may be a blessing in disguise to the defendants and Hazar Imam might arrive second time for his “momins only.” And Mawla does not ever complain if he has to do anything extra for his “true momins” It is his pleasure always. Let others yell whatever they want. (My statement is our faith based)

To save his “true momins” and reestablish religious principle whenever they are abnegated by evil forces is the sole purpose of his “ Avtar’. He is the 10 th Naklanki Avtar of the Lord (as per Ginans and validation in Bombay High courts ref Haji bibi case) He is no regular man.

He has no other significant goal in his life (Ref GJ Firman talika 2008) except the well being of his Jamat.

Alnaz and Nagib are his true momins. They have no malice or selfish interest. They are doing a noble task of spreading Lord’s words to his jamat. They maintained the dignity of Mawla’s physical presence in front of them and did not ask questions out of their spiritual belief, overriding the legal necessity. Shukhar! Hazar Imam is fully aware of everything . His affection felt by the defendants in his presence confirms it. His silence is always a blessing. His non-intervention signifies his ability to not only to look into future but also “to know the future”. Hence he is cool. His Noor is guiding the true momins always. From a purely legal perspective victory for Gray seems imminent but based on faith-based knowledge it seems remote Only Mawla knows the end. But he has given me intellect and faith so I am using it.

* United States

The defendants were not
On November 16th, 2010 librarian-umed says:

The defendants were not sworn and this was not a discovery of the defendants by Gray. The Judge will be able to see through if there is any attempt in this direction.

http://www.advocates.ca/assets/files/pdf/education/Symposium-on-Professi...
6.03 (3) A lawyer shall avoid sharp practice and shall not take advantage of or act without fair warning upon slips, irregularities, or mistakes on the part of other licensees not going to the merits or involving the sacrifice of a client's rights.

6.03 (5) A lawyer shall not in the course of a professional practice send correspondence or otherwise communicate to a client, another licensee, or any other person in a manner that is abusive, offensive, or otherwise inconsistent with the proper tone of a professional communication from a lawyer.

Agreements Guaranteeing Recovery
19. In civil proceedings the lawyer has a duty not to mislead the court about the position of the client in the adversary process.

@ librarian-umed
On November 16th, 2010 Muhamad (not verified) says:

As summary judgment matter is on 7th December, any possibility of success by alnaz to solve this problem before trial through new motions against gray?

* Canada

New motions
On November 16th, 2010 Alnaz (not verified) says:

No I don't have any plans for any motion, and at the motions for summary judgement nothing of the discovery can be presented to the judge, and the record that is filed is the only issues that can be argued.

* Canada

Defendants were not sworn -
On November 16th, 2010 Murad (not verified) says:

Defendants were not sworn - so is any evidence given by them admissible for the summary judgement hearing? The examiner was Nagib, and so should all discovery questions have been addressed to MHI (by Gray and Nagib) and if so only MHI responses are admissible. Is that correct ? . In this discovery all questions on record were by Mr Gray to Nagib ?

* United Arab Emirates

@Umed
On November 16th, 2010 Alibhai Jiwani USA (not verified) says:

In the light of the above guidelines for the lawyers , irregularities are obvious in the discovery process.
I think defendants are safe even from the legal point of view.

* United States

The defendants were not
On November 16th, 2010 zarina (not verified) says:

you can write all you want, but the truth is that the defendants DID NOT ASK the5 questions they had agreed to ask. maybe they froze when seeing the IMAM was the real plaintiff

Imam's love for Defendants was overwhelming
On November 16th, 2010 Nagib (not verified) says:

The Imam replied by Himself to many more questions in our mind, contradicting the Statement of Claim and various misrepresentations about Ginans, Farmans of previous Imams etc.. he confirmed that He gave us instructions to continue with the Farman project, as in that time of 1992, he was looking for competent people. He confirmed that He knew Alnaz was not publishing, that Farmans are not edited etc.. So unless you are implying that Imam was lying in the Statement of Claim or falsely accused Alnaz, there is no trace that he confirmed at any point that he was the real Plaintiff.

@ Nagib reg: Imam's love
On November 16th, 2010 Alibhai Jiwani USA (not verified) says:

Just carry that love of Mawla in your heart like a bright light and go on. Victory or defeat is in His hands but just be strong and keep on doing your Karma. My prayers are also with you You will be sucessful by Mawla's divine help Inshaallah!AAmeen.

* United States

"MY VERY BEST WISHES ON EID"
On November 15th, 2010 Nizar Ali K. Shivji (not verified) says:

WARMEST WISHES

EID MUBARAK!

WE WISH YOU AND YOUR
DEAR ONES A VERY HAPPY EID!

"MAY IT COME WITH LOVE, PEACE OF MIND, GOOD HEALTH, AND PROSPERITY INTO YOUR LIVES!"

Allah Hafez, Nizar Ali K. Shivji!

* Canada

Prayers for Truth to Triumph
On November 14th, 2010 Kasamali (not verified) says:

Only a week remains when tele-conference is going to take place. Also there isn’t much time left for hearing of the case on Dec’7th. So, it is right time that all the members of the Heritage group at least pray until then for the whole truth to prevail even the court order.

Normally and almost in all cases, the courts, throughout the world, consider only those evidences and documents which are apparent. However, just because of absence of evidences or supporting documents, courts hardly give enough weight to many hidden realities and truths. For example, in this case, unrecorded material/ discussion of 25 minutes, which is a major impacting factor helpful to revealing the whole truth, may not be given due importance by the court.
I am sure, besides burning mid night oils for due preparation to put forward their arguments in the court, both Nagib and Al Naz are also regular in BK Bandagi.
We all need to pray sincerely to the Lord, HI, for the hidden truth to triumph in the court as well

OPEN LETTER TO VAZIR SACHEDINA AND M MANJI
On November 14th, 2010 Bloglaw (not verified) says:

To Vazir Dr Shafik Sachedina & Mr M Manji. re : lawsuit filed against Nagib Tajdin and Alnaz Jiwa,
With the greatest of humility & respect, I am requesting you to provide the current status to all the leaders below. Particularly the following;

1 Directions given by Hazar Imam in the meeting on 15 October 2010, and how those directions differ from those confirmed by Alnaz Jiwa & Nagib Tajdin
2 What are the precise reasons why the consent order signed by Alnaz and Nagib is not acceptable or not in accordance with directions given by Hazar Imam. If the only difference is admission of infringement then please clarify why is that a critical legal need for the purposes of a consent order.
3 Why have there been no meetings between any leaders and Alnaz/Nagib since 15th October 2010 and what efforts were made, if any. (I appreciate there has been legal, (mostly confrontational) communication between the lawyers and Alnaz Jiwa/Nagib Tajdin.
I refer to the following Farmans of Hazar Imam in (and since) 1964 (from the Ismailia Association publications). The relevant excerpts are;

“…This evening when I leave you I will have left specific advice and guidance with my Jamat Leaders. I have appointed them to help you in your worldly and spiritual matters. I would like you to remember that whatever differences of opinion you may have between you and between one institution and another you are at all times brothers and sisters and it gives me deep physical pain when … you are not working together nor do I wish any difference be known outside my Jamat ….I do not wish to see any slight difference of opinion you may have to be broadcast outside the Jamat…”’ … “It has been in our Jamat for many hundreds of years the tradition that spiritual children who have a problem should be able to write to their Imam… It is a tradition I wish to keep ….” … I have appointed leaders for your good … Ïf there are matters that are worrying you about these leaders then write to your Imam… “ Just as problems in families and between individuals, in the Jamat should ALWAYS be solved by arbitration by discussion, by friendship ..”

Having regard to the meeting on 15 October 2010 and in view of the above, I feel compelled to write to you, and also because continuing this case is no longer necessary, or in the Jamat’s interest.

If Hazar Imam has given you any directions contrary to the above or regarding sharing with Leaders, then I request you to also share those directions with them

Copy to Chairman of LIF, Heads of IIS, Chairmen of ITREB, President Sahebans, and Chairman ICAB

* Germany

@Bloglaw
On November 18th, 2010 Nick Canada. (not verified) says:

I am proud of your Jawamardi and let me be very honest we hardly have real Mards like you in the Jamat who will stand up in front of our leaders as we all carry lots of fears in our hearts to stand up for any explanation on any Jamati or Tariqah matters from this leaders who are appointed by Hazar Imam to look after his Jamat. Thanks for the Farmaan which I have read for the first time. Brother, I urge you send a copy to our Hazar Imam no matter what happens, But please kindly do send him a copy.Thanks and May Mowla Bapa Bless you

* Canada

@ Bloglaw re: above post of November 14th
On November 15th, 2010 Abdullah (Canada) (not verified) says:

786
You truly are a man of action, brother Bloglaw! Excellent letter! Mubaraki! Alnaz and Kanize had been suggesting we do resort to writing to our leaders. If more of us can do this, then Insh'Allah, the leaders will be able to force M. Sachedina to consent to judgment.
Ya Aly madad. And Eed mubaraki to you!

* Canada

@Bloglaw re: above post of Nov. 14th
On November 15th, 2010 Kanize (Canada) (not verified) says:

786
Bravissimo, Bloglaw, bravissimo! Laakho laakho mubaraki for writing this letter, dear Bloglaw! And a million thank yous!!!
Mowla sukhi raakhè, Bloglaw! I am so glad you have taken this initiative! Laakho shukhar!
And what an enlightening farman too! I cannot thank you enough, Bloglaw.
Ya Aly madad.

* Canada

OPEN LETTER TO VAZIR SACHEDINA AND M MANJI
On November 15th, 2010 Rahman (not verified) says:

" Ïf there are matters that are worrying you about these leaders then write to your Imam....

I think you should consider sending copy of this letter to Hazar Imam,

* United States

@Rahman re: above post of Nov. 15
On November 15th, 2010 Kanize (Canada) (not verified) says:

786
You really think that if Bloglaw did send a copy to Hazer Imam, Mowla Bapa would get it ?????
I am rather skeptical...
Ya Aly mada, Rahman.

* Canada

Kanzie, YAM. We all know
On November 16th, 2010 Rahman (not verified) says:

Kanzie,

YAM. We all know that wall is very vary thick, but no harm in trying.

* United States

@Bloglaw
On November 15th, 2010 Yasmin (not verified) says:

Ya Ali Madad Bloglaw. What a "great action". Thank You

* Canada

@bloglaw : regarding open letter
On November 14th, 2010 Alibhai Jiwani USA (not verified) says:

Bravo! One more Jawamard!
Please send a mailed letter also to them
Because they are not going to reply on open letter because this is not " authorised" website according to them.
They are not suppose to be checking here.
Might be visiting only "Vancouverite"

* United States

Everyone here knows this is
On November 14th, 2010 Bhaghat (not verified) says:

Everyone here knows this is not an official web site. I think their official web site is Vancouverite ;-)

``THIS LITIGATION IS BLOWN OUT OF PROPORTION``
On November 14th, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, MR. ABDUL! This litigation is blown out of proportion by some who have nothing better to do other than point their fingers! The Ismaili Muslims around the world have resourcefully stood steadfast to uphold the traditions of Ismailism. They do not wish to broadcast the difference of their opinion which they know sooner or later will resolved at the behest of Almighty Allah! There is not fear among the Ismaili Muslims, nor do they wish to come forward to broadcast their allegiance by being proponent! In Ismailism, we the Ismaili Muslims have been blessed with tolerance, broad-mindedness, open-mindedness, and non-judgemental attitude. Some of us may resort to criticism and judgement due to our higher academic capacity but the end result is rationality and logic which prevails! Hazar Imam wants free discussion with friendship so that the confronting problem is resolved by arbitration! The Ismaili Muslims have always shown the loyalty to their citizenship of their country of residency. In this day-and-age, there is no factor like fear or illiteracy. The Ismaili Muslims have always respected other religion and other people of the world! Our religion is very flexible which allow us to participate and contribute to have our say made public and in private gathering. Hazar Imam is never displeased if our conscience can figure out the right and the wrong! He wants us to become decisive and conscientious in our performance. Nobody can deprive anybody for one’s rightful place in the society! There will be difference of opinion, criticism, and judgement but it is not the end of the world! Allah Hafez, Nizar Ali K. Shivji!

@ Shivji :We must not be so vain and self egoistic
On November 17th, 2010 Alibhai Jiwani USA (not verified) says:

We Ismailis should not keep thinking we are great!
We have a lot to improve.
The minute pride sets in that you are performing great.... there you start with your downfall
There is a lot of jealousy and malice in the jamat.
Institutions are slowly losing the credibility because of their obvious partial behaviours.
The leaders somehow think they are "blessed" because they have positions.They are not at all open to recommendations or criticism and hence the accountability and quality of work is deteriorating.They only like to be praised even if not performing.

The case is not only about the copyright but it is also about the basic tenents of our faith, doctrines,also an institutional reality check and much more .
If any it is under realised rather than blown out of proportion
99.90 percent of the jamat know next to nothing about the case.
Just because a few bloggers keep posting repeatedly that does not mean it is blown out of proportion.

Is anything achieved by big big advises and lofty claims of being a great community?
Is any one really contributing towards a solution?
Are we following even 5 percent of farmans our Mawla is making?
He is the only one working hard for our spiritual and material upliftment .
Are we working really as His partners in improving the plight of the global jamat? No.
We only follow what we like and what suits us and claim we are great murids!
It is in fact high time everyone wakes up!!

* United States

"We have to become partners with our Imam"
On November 17th, 2010 Nizar Ali K. Shivji (not verified) says:

Yam, Mr. Alibhai Jiwani (USA)

The Ismaili Muslims Institution has grown very fast. It has its recognized charter and officeholders who are defining the course of action and guiding principle of the Institution! Perceptibly, the mannerisms in which they conduct themselves actually denote their upbringing and wrong use of their corporate education. When they do not become conscious about other people, they are creating distinct liability by their misconduct and closed door policies! They become wrongdoer in their legal responsibility, accountability, responsibility, and menace to the Jamat!

The infringement, the court case, and its consequences have happened and will soon end! Gradually it is descending in past tense, and I am not worried about it now. I am neither opponent not I am proponent. I would like to see in my life time a united, happy, and prosperous Ismaili Muslims Community. I admit there will be a few who may not believe in our optimism and idealism but they will understand our optimism someday! We have to become partners with our Imam for betterment of our Jamat globally. Allah Hafez, Nizar Ali K. Shivji!

”WE ARE ONE JAMAT, ONE PEOPLE!”
On November 14th, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, MS YASMIN! I have just read the excerpts 1964 – Deedar (Ismaili Association). I will not quote the Farman but I would like to say this in my vindication! Yes, I am the same Nizar Ali K. Shivji! Whatever the differences we have in our interpretation, we are always, at all times, bothers and sisters. Therefore, I do now wish to pain Hazar Imam. No matter how the circumstance has divided us, we are still the spiritual children of Hazar Imam. I would like to solve my problems amicably, and I believe any problem has a solution! How you derive at a solution, the solution has to resolve like a problem in families and between individuals! We are one Jamat and our differences should be resolved by negotiation, by discussion, and by friendship! It is not easy but we can always try! I am a human being and I have my foible! So, Ms Yasmin be rest assured, it is like the beauty and beast! Allah Hafez, Nizar Ali K. Shivji!

@Nizar Shivji
On November 14th, 2010 Yasmin (not verified) says:

Ya Ali Madad Mr Shivji. I am so glad to hear from you again. Thank you.

* Canada

@Yasmin regarding Mr Shivji
On November 14th, 2010 Alibhai Jiwani (not verified) says:

really?

* United States

"SORRY, IT IS PLUS FOR ME!!!!"
On November 15th, 2010 NIZAR ALI K. SHIVJI (not verified) says:

YAM MR. ALIBHAI! IT IS A PLUS FOR ME!! WITH MY VERY BEST ON HAPPY EID. ALLAH HAFEZ, NIZAR ALI K. SHIVJI!

* Canada

Posting in Capital letter is
On November 16th, 2010 librarian-umed says:

Posting in Capital letter is considered as Yelling on the internet and is against the "Netiquette"

@shivji
On November 16th, 2010 Alibhai Jiwani (not verified) says:

No need to yell .

* United States

IMAM SAYS “..ALWAYS, BY ARBITRATION, BY DISCUSSION BY FRIENDSHI
On November 13th, 2010 Bloglaw (not verified) says:

NEWS EDITOR VANCOUVERITE - Prior to this discovery, an offer of a meeting was made to the defendants. Ask Alnaz why that was turned down. And this was several months prior to the discovery. Alnaz will tell you the meeting with HH was turned down – not because they had doubts about who the plaintiff was – but because HH wanted them to consent to certain conditions prior to the meeting. ……So tell me, do you know of other Ismailis who would turn down a consensual meeting with HH because of a small sacrifice – particularly in view of the fact that your friends claim they would lay down their lives for him?

REPLY BLOGLAW NOVEMBER 13, Editor you are being at best economical with the facts to suit you. Therefore you are distorting the facts and misinforming (as a journalist). What you are referring to was a conditional offer from Mr Gray which I commented on as you did.

That offer in light of the meeting of 15 October 2010, was not from the Imam. See a part of my comment below. I will be happy to send a copy of my full analysis and comment of over 4 months ago on Mr Grays conditional offer;

This case could have been settled in May 2010 If Mr Gray and Dr SS/MM really wanted to settle. Do you agree? Also see Farman excerpt below. All leaders and murids need to read, understand and ask 1 Would Imam file a law suit against his murids in light of his Farmans. 2. Should not the leaders meet Alnaz and Nagib to agree and sign the consent order 3 Should we not move back these differences internally within the Jamat and any damage reversed. 4 Should Leaders and murids write to leaders and share their thoughts on this lawsuit?

Mr Gray conditional offer - “…..10…. Mr Gray then says MHI “indicated” (not confirmed) to Mr Gray that Tajdin and Jiwa should agree unconditionally to
a. Acknowledge MHI has copyright to his Farmans (this is not at issue if we exclude our belief that Farmans for Ismailis in their personal beliefs include divine revelations by the Imam and his authority in continuing the Tawil and Talim of the Quran and final message of Allah to mankind.)
b. Tajdin and Jiwa have infringed the copyright (Tajdin and Jiwa are saying that they are following specific farmans from the Imam and they are seeking direct guidance & instructions from their Imam which they have not received so far) .
c. Deliver up the remaining books (Which book ? Books? He is not specific)
11 Agree to an injunction from further copying or distributing Farmans (Books were distributed by Ismailies only to Ismailies. If they agreed to stop, Imam would certainly trust them as they sevadari’s farman bardari’s and because of their Bayat. Would Imam personally instruct Mr Gray to insist on this last pre-condition before he grants a 5-10 minute audience).
12 If Tajdin and Jiwa unconditionally & immediately agree then MHI has assured Mr Gray he will grant a personal audience so that; a. They can explain their actions b. They can ask for forgiveness c. They can make whatever representations they would like to make
(This above does not make any sense and is inconsistent coming from an eminent lawyer. He knows a meeting is requested for 5-10 to seek specific guidance, which he is fully aware of)

Farman Excerpts 1964 – Deedar (Ismailia Association) - “…This evening when I leave you I will have left specific advice and guidance with my Jamat Leaders. I have appointed them to help you in your worldly and spiritual matters. I would like you to remember that whatever differences of opinion you may have between you and between one institution and another you are at all times brothers and sisters and it gives me deep physical pain when … you are not working together nor do I wish any difference be known outside my Jamat ….I do not wish to see any slight difference of opinion you may have to be broadcast outside the Jamat…”’ … “It has been in our Jamat for many hundreds of years the traditions that spiritual children who have a problem should be able to write to their Imam… It is a tradition I wish to keep ….” … I have appointed leaders for your good … Ïf there are matters that are worrying you about these leaders then write to your Imam… “ Just as problem in families and between individuals , in the Jamat should ALWAYS be solved by arbitration by discussion, by friendship ..”

* United Kingdom

Quoting Firmans in a public forum
On November 14th, 2010 zak (not verified) says:

Firmans are for Ismaili Murids only.
Quoting them even in an Ismaili run yet public forum is not appropriate.
Allahi Alim.

* Canada

farmans are visionary, relevant and make us proud
On November 14th, 2010 Monim (not verified) says:

@ Zak - I disagree because firstly these are farmans from publications which many Ismailies and non Ismailies have acces to. Secondly If these farmans excerpts are not quoted, many leaders will not believe the 2 murids. The quotations are relevant to this case and act as a reminder to us. Thirdly Leaders/LIF are not sharing or giving progres updates to the Jamat. Fourthy only selected farmans are available to read, listen and study in JK or ITREB. This is not as directed by Hazar Imam. For example If the Farmans quoted were available when Leaders are discussing this case amongst themselves would they not have been reminded and say we must meet these 2 brothers to settle this case and move the case out of the public arena. Finally if any non Ismailies read these quotes. What is the harm. Imam is giving excellent worldly guidance and if you compare this guidance is in 1964 - it was indeed visionary and to be proud of. Also what has been filed in court and said in transcripts is far more inappropriate (using your word) than quoting some Farman excerpts which are relevant reminders..

@ Mr Shivji is right that there will be differences and it is how we deal with differences openly and with respect, which makes us more pluralistic and respect will beget respect. as love for our imam will beget. love.Thank you Mr Shivjee

@ Bloglaw. Thank you for sharing your time and knowledge seva

I take this opportunity to wish everyone a happy Eid al Adha and I pray that we are all blessed with more generosity in giving of our time, love, money, & of unity, happiness tolerance and respect for each other. Ameen

* United Arab Emirates

Farmans make US proud.
On November 16th, 2010 zak (not verified) says:

Sure Farmans are indeed visionary , relevant and do indeed make US proud ; however the "US" refers to Ismaili Muslim Murids....... Farmans are NOT meant to be shared outside the Jamats. Doing that is INAPPROPRIATE . Thats my point !!

* Canada

farmans are visionary, relevant and make us proud
On November 15th, 2010 zarina (not verified) says:

@Momin..... Farmans are holy word or guidance to ismailis ONLY from their Imam. It is for us keep these guidance, words to ourselves only. we have to go these farmnan .. any excerpts are not to posted, or shared in public forum.

Would you share your your family secrets in Public forum?

* Canada

“WE ALL LOVE OUR IMAM.”
On November 13th, 2010 Nizar Ali K. Shivji (not verified) says:

YAM MR. BLOGLAW! I appreciate your blogs both in Ismaili.Net and in Vancouverite. I am like you who wish to set the record straight but other contributors like you and me will not accept our thoughts as expressed because they have something else to express!

I do understand your thoughts on this lawsuit! I have read all your comments, views, and thoughts. We have to understand that this lawsuit though it is filed under oath, it pertains to moral rights of Hazar Imam. Of course, the Ismaili Muslims Intuition and it leadership knew what the defence entails! I will not sit in denial and reject what you are saying! I understand when a litigation is launched the proceedings will be required to meet all the rules and regulations of the Court of Laws. It appears that, one way or another this court case became more like an experimentation which did not finish off the way it was expected!

Mr. Bloglaw, I know you are upset but you do agree that the response and comments on all sides have been unprecedented, sensitive, and exasperating! Many felt the response and comments were abhorring, and monstrous. But if you check with the dictionary, these words are the opposite of love and adore! I am in accord with you that Hazar Imam wants to be more pluralistic and take the lead, and I agree with if we lead by walking the walk internally we can lead externally. I am also in accord with that there should be clarification of sensitive issues amongst we and institutionally! We have to remain united, work together, and speak with one voice!

We are leading a secular life but the spirituality in our upbringing still holds the fervour of mysticism. Therefore, our interpretation will not allow anyone to ridicule our spiritual life! All the arguments which are sustained in this issue have questioned our sincerity and belief!

Our principle conviction is to ourselves and how our conscience dictates our mind and heart. The sense of right and wrong will definitely guide us if our priority is set with our belief! We should not play Gods and all knowing!

I would like to reciprocal all your good wishes word to word! I would like to thank everyone for giving their time in sharing their thoughts and knowledge. I take this opportunity to thank the Librarian Umed who have allowed and moderated this discussion. Mr. Bloglaw, like you we all do so because we care and out of love for the Imam.

May MHI accept all our Seva, and grant us all more Seva, good health, happiness and both material and spiritual prosperity. AMEEN!! Allah Hafez, Nizar Ali K. Shivji!

IMAM WISHES US TO LEAD AND DEBATE AMONGST OURSELVES!!
On November 13th, 2010 Bloglaw (not verified) says:

Nizar Ali K. Shivji November 11, 2010 “YAM, MR. NEWS EDITOR! There is no graciousness and humility in comments made by Mr. Bloglaw!

But with Mr. Bloglaw and hs friends, its never-ending cobwebs of exasperation! Their religious interpretation is only in lip service. I am very sorry to say that they are less sensitive in paternity, and maternity despite their glorification of Ismaili Muslims Imamat! Mr. Bloglaw, in the name of Allah, please wake up to accept your accountability, and conscientiousness with grace and dignity! Allah Hafez, Nizar Ali K. Shivji!

REPLY BY BLOGLAW - When the lawsuit was filed it was under oath. Leaders knew the defence. Any lawyer let alone the best would have said a personal appearance cannot be excluded. Imam knew and knows best. Leaders could have met with the defendants and Imam informally at any time before or after the lawsuit. They decided not to. Also see my post regarding what I would have done. What you would have done different Mr Shivji. All Leaders need to ponder over that question too.

I appreciate some of the responses and comments on all sides have been unprecedented, sensitive and exasperating but not monstrous or abhorring as you suggest. This is because also most of us have a mindset or conditioned(told) not to discuss such issues let alone so unprecedented and serious. Religious discussion are in any event are emotive and sensitive.

Imam wishes us to be more pluralistic and take a lead. If we lead by walking the walk internally we can lead externally ? (see Imam’s guidance & Farmans on this). Thanks to the Editors who have in fact pioneered this unprecedented debate which will help us all to ask, debate and seek clarification of sensitive issues amongst ourselves and institutionally. MHI wishes discussion and unity amongst us (work together and speak with one voice). That is also what Imam advised Dr SS before the lawsuit was filed (see his transcript about discussions amongst leaders) Maybe this debate is also a part of the intention or resultant effect MHI wished or intends. There will hopefully be a change of the mindset which MHI talked about in his lecture on 15 Oct 2010.?

I would like to thank everyone for giving their time in sharing their thoughts and knowledge. Also special thank you to the Editors who have allowed and moderated this discussion. Mr Shivji, like you we all do so because we care and out of love for the Imam.

May MHI accept all you Seva, and grant you all more Seva, good health, happiness and both material and spiritual prosperity. AMEEN

* United Kingdom

@Bloglaw
On November 13th, 2010 Yasmin (not verified) says:

Ya Ali Madad Mr Bloglaw. I wonder whether it is the same Mr Shivji who has made comments on this web site on Nov. 13 and also comments made on Nov. 11 on other site? Thank You.

* Canada

TRUTH SHALL SET YOU FREE.
On November 12th, 2010 ABDUL (not verified) says:

From speaking to Ismailis lately, there is reluctance amongst some people to discuss this lawsuit. It appears that an atmosphere of fear and concern for their ‘name” prevents them from commenting on the obvious “elephant in the room.” Or worse, perhaps Ismailis genuinely do not want to discuss something that they see as painful and difficult. Something that forces them to acknowledge that there are differences in the way we perceive our jamaat and its leadership.

If this is true, it is a great shame.

1. Just consider that on one hand, Mowla encourages Sunnis and Shias (many of whom may even lack basic education) to be pluralistic in their ways. i.e. to dialogue, understand and accept those who have different approaches to the great philosophical issues of God, human existence, morality etc. On the other hand, in Ismailis, we have a community of highly educated Canadians, who are reluctant to even acknowledge that differences exists amongst them, let alone come to some accommodation with those with whom they don’t see eye to eye.

2. In gatherings, both private and public, one gets the impression that people have been made to believe that to talk about the lawsuit would somehow displease the Imam. But the way Mowla allowed the discovery to proceed shows quite clear that he wants a dialogue. He invited both sides to work together. He blessed the families of the sewadaries Tajdin and Jiwa. So who is preventing Ismailis from giving their views on this issue. (We know Ismailis have plenty of views about the Catholic priests and Iranian mullahs). Who do the Ismailis have to fear…certainly not their Imam because not a day goes by without Mowla extolling the virtues of discussion, dialogue and tolerance in religious matters.

3. It is possible that some people fear that their views may be reported up the chain of command to reach MM and SS and they will be “blacklisted” from council “positions”. But that would only help to explain the spineless LIF and other opportunists, who usually have no opinions anyways and pursue prestige and power in name of “sewa”

4. The rank and file are genuine sevadaris, loyal to the Imam and should have nothing to fear. They should find their voices and give their views. They may end up disagreeing with others; some will side with SS and MM, whilst others will see the hand of Mowla in the steps taken by Mr. Tajdin & Mr Jiwa. But all will learn new things and in the end, their faith in the Imam will be shown by the way they handle those with differing opinions. Do they truly accept the Imam’s vision of a pluralistic world, by respecting the Tajdins and Jiwa of our community or do they, like toy soldiers, just mouth the slogans, forever bellowing praise for Mowla’s words but failing to implement them, particularly in the toughest issue to come before the Canadian jamaat.

5. After all, if an Ismaili Imam can get respect from people who follow other faiths and politics, even if when he is a member of that sometimes much feared and despised community (Muslims), then surely fellow Ismailis deserve to be heard when they have a concern or a complaint or a difference of opinion. After all, these Murids are only disagreeing on the tactics of how to spread the Imam’s farmans. One shudders to imagine if they had questioned some real theological concepts of Ismailism, the way the Christians, Jews, Hindus and even Buddhist have done in the last century.

6. It is also a great shame because, by burying the issue of the lawsuit, we send a negative message to our kids; as it is, young people have much less faith in our system, preferring to “drop out” of the JK as soon as they are free from parental control (other than the children of those opportunist leaders, who see themselves enjoying the same prestige and power though nepotism). The message Ismaili parents send to their kids is that the practise of faith is just a matter of mindless rituals – when it comes to actually thinking through a difficult theological matter, everyone “runs for the hills”. Whether it is through fear or deliberate “ignorance”, our children are witnessing the shallowness of their parent’s faith.

7. Our faith, since the time of Hazrat Ali, commands us to develop our intellectual skills to meet the challenges of each new era. We are forbidden to hide our heads in the sand and ignore the facts. There is a law suit in the courts of Ontario that involves the Imam. Sooner or later, the general public will tune in and ask some tough questions. Then Ismailis will be forced to respond or else look dumb. Surely it is better to acquaint oneself with the true facts now.

The best way to know the truth is to visit the Heritage web site. This is where the case is reported daily in frank and comprehensive way. Documents, arguments and opinions of all sides are giving a fair airing. As they say, the truth shall set you free.

* Seychelles

@Abdul
On November 13th, 2010 Yasmin (not verified) says:

Ya Ali Madad. Well said. I have said in my previous postings, that our Ismaili Jamat should be more open-minded. Many of them do not wish to discuss this lawsuit, because they do not know all the facts which can be found on Heritage Site, and I think they also feel that whatever the leaders say in Jamatkhanas, is always the "truth", because they have been appointed by Our Imam, and it can affect their "faith". Thank You.

* Canada

@Abdul re: above post of Nov. 12
On November 13th, 2010 Abdullah (Canada) (not verified) says:

786
Your third point is so very true, brother Abdul !
In addition, it is so sad that because of the same fear (i.e. to be "blacklisted") the ordinary members of the Jamat who are aware that this lawsuit was never initiated by Hazer Imam don't dare approach their respective leaders to ask them to channel their request to stop this lawsuit to the higher authorities. If the members of the Jamat overcame that fear and spoke frankly to their local and national councils, this lawsuit would not go much further...
Thank you for your insightful analysis.
Ya Aly madad.

* Canada

You are right. Imam e zaman
On November 13th, 2010 @Pirani (not verified) says:

You are right. Imam e zaman has said in farmans that It is the duty and responsibility of every leader to read understand and discuss issues concerning the jamat today and effect in the future on both worldly and spiritual matters. Imam has made it clear in farmans that every leader and mukhi's should do so and they can individually write and seek guidance from the Imam and so can any Murid if they are concerned about any leaders or issues. Unfortunately one of the issues highlighted by this case is access to the Imam. When anyone writes to Imam e zaman it goes to and through the same leaders in question as in this lawsuit. Therefore now other leaders are able to get or send information and feed back through this website.

* United Arab Emirates

BLOGLAW summarised, WHY
On November 13th, 2010 Concerned (not verified) says:

BLOGLAW summarised, WHY leaders need to get involved proactively to address the root causes which have led to this unprecedented situation @ BLOGLAW The two root causes to be reversed are;

1 Members of the Jamat have limited access, and encounter difficulties to access Farmans & guidance even in JK’s or ITREB..

2 The widening and growing gap between Imam’s Farmans/Guidance and the ground realities in practice in both worldly and spiritual matters. Imam & leaders are therefore not getting all the correct or complete information and reports. This is because of excessive almost absolute authority & control by a few leaders.

* United Arab Emirates

@ Abdul
On November 13th, 2010 Alibhai Jiwani USA (not verified) says:

I agree with you.
There is a total ignorance about the lawsuit on the part of majority of the Ismailis. They do not visit Heritage site because they say it is not"authorised site".we are not suppose to go there.It is "na farmani" Even among the educated Ismailis very very few have read the cross examinations of Sachedina and defendants. It is like some 2 murids are so bad they are fighting MHI we do not even want to know more.

"IF MHI has chosen Sachedina to be his # 1 man . Why should I doubt his loyalty? If Imam trusts Him I trust him "
This is the answer I got from one of my very intellectual highly educated attorney friend from London.

He was not even open to any more discussions. The minute he came to know I am supporting the defendants view , the communication is minimised significantly. Some are saying defendants are not even listening to the verbal directions from Mawla. Mawla asked them to end the lawsuit and they are still fighting in court. This the situation in USA.

As you said truth shall sit on the roof and yell out then may be some will wake up. Until then everyone is enjoying their perceived slumber party

* United States

@Alibhai Jiwani re: above post of Nov. 13
On November 13th, 2010 Abdullah (Canada) (not verified) says:

786
What a sad situation, brother Alibhai. I am afraid, it (the situation) is very similar in Canada too, alas: very few people are aware of the real facts reagarding the lawsuit, 99 % of the jamat is little informed about the basic principles of the faith and they don't even realize that no Imam would ever sue a mureed whose bayyat He has accepted. It is most distressing...
Ya Aly madad.

* Canada

Oral directions received
On November 12th, 2010 librarian-umed says:

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 12-NOV-2010 directing that "The parties are required to provide their availability to participate in a telephone conference during the weeks of November 15 or 22, 2010." Parties advised by e-mail. placed on file on 12-NOV-2010

IF YOUR FATHER FILED A LAWSUIT AGAINST YOU BLOGLW
On November 11th, 2010 Bloglaw (not verified) says:

EDITOR OF VANCOUVERITE News Editor November 11, 2010 -Civility and debate in good faith is okay. However, spinning cobwebs is for spiders to do – so refrain from it. The most natural progression would have been for two Ismailis to realize that it would be abominable to bring their spiritual father to a cross examination under oath through a court order. People with faith would have accepted a verbal message from their Imam – and in this case it was signed letters, affidavits, the Boston affirmation, a letter from Prince Amyn. And what is so surprising is that this comes from two people who claim they would lay down their lives. This hypocrisy is what riles Ismailis most. “

SERIOUSLY NOW BLOGLAW, would you have put your natural father or mother through a sworn cross examination for your benefit and not theirs? And these people have said that HH is more than their natural parents, more than their live’s worth? Don’t you find the dichotomy disturbing at all? What is so natural about this progression of shame?

REPLY BY BLOGLAW - Editor Thank you for asking. If my Father had filed a lawsuit against me and I sincerely believed, this was because he did not have all or the correct facts or that he was not the plaintiff.

1 Then I would first try to seek a meeting with him together with my brothers
2 If my father instead sent letters or documents which I did not really believe came from him, I would submit my side of the facts and evidence, and I would also seek a meeting for 5 minutes with my father
3 Then if the only way of meeting my father was through the court process, I would try to do so as quickly as I can in order to end the lawsuit.
4 When I meet my Father, I would not question him but seek directions from him
5 Then I would follow the directions given by our Father to the letter and spirit.
6 If there was a misunderstanding in the directions then I would first seek a meeting and clarification with my brothers.
7 Meanwhile I would prepare sign and send to them what I understood were the directions given by our Father in their presence.
THIS IS WHAT ALNAZ AND NAGIB DID. WHAT WOULD YOU HAVE DONE? WHERE IS THE HYPOCRISY OR DICHOTOMY OR PROGRESSION OF SHAME YOU SPEAK OF ?

On the other hand If I was Dr SS and MM, then certainly after 15 October 2010 I would have had a meeting with my brothers as a priority to discuss, agree and follow ALL directions given by our Father to the letter and spirit. Unless of course our Father specifically directed us not to have any meetings or discussions with Alnaz and Nagib. If that was the case Mr Gray has prepared 2 drafts of the consent order so far and we have the draft signed by Alnaz and Nagib.
Maybe Dr SS and MM are no longer involved in this lawsuit, and the 3 drafts of the consent orders with are with Hazar Imam for consideration. (& other Leaders may also be involved).

* Germany

Why has the case not ended as yet?
On November 11th, 2010 Alibhai Jiwani USA (not verified) says:

The spiritual and religious teachings worldwide and cross culturally right starting from the times immemorial even when there were limitations of writing skills and languages and availability of papers etc (Vedas and Bible, and Quran, Bhagvat and Geeta and All the Imam’s Farmans) always of course have copyrights of their original authors. Of their originators!
But the authors themselves and the Gurus and Peers have never stopped anyone from copying it and spreading it to the humanity Because reaching it to the believers is the “very essence” of its authorship.

Why would Hazar Imam make so many Farmans and not keep it easily available to his murids and start suing anyone or everyone who with nobility and devotions assists in making it available to his Murids? Does it make sense? Does it sound true? He would never ever do that.

Of course every author does not want his work it to be altered or misinterpreted randomly and wants to ensure it reaches the believers in the accurate form. If any one tries to alter it perhaps that would be considered infringement of copyright and subject to scrutiny and perhaps necessary action

So MHI has Tarika board to ensure authenticity and rapidity and efficiency and responsibility with which the Farmans can be published and distributed to reach even the remotest areas of the world expeditiously. In this age of Internet may be in minutes! Why not? Tarika board has all the acumen at their exposure.

But if that very entrusted Institution does not perform the mandated task in a timely fashion and take decades to print even a small booklet of Farmans What must be done? And we jamat do not ask leaders Why? Out of sheer fear or so called respect for leaders!! Then what? Allah does not help the communities, which do not want to improve their own plight. (Quran And ISMS Farman). We must have the desire and must make effort.

We believe in Hazar Imam because his Farmans are very current and the guidance is well in pace with the time. We believe guidance given 1400yrs ago in Quran needs updates all the time. But if we cannot access that updated guidance as and when we want the whole point becomes totally illogical. Jamat does not raise objection for fear of being looked down upon by leaders who give a very ready answer. “It is Hazar Imam’s wish not to publish”. Shut everyone up!
But can they produce any evidence for that quick and easy statement? Any farman any talika anything to validate that Hazar imam really does not want to publish his own Farmans for decades? None.

It is just an easy way out of performing their mandated tasks. The institutional leaders only wanted the power and authority hence they accepted the position not really interesting in performing or serving with sincerity. So unless some Jawamards like Nagib and Alnaz come forward and seek accountability of the Institutions many of the Farmans will disappear just as it has happened in the past Ismaili history.

There is no reason why it should happen in this era of the highest technological advancement Internet and democracy and such a forthcoming Harvard educated Imam and so much more. It will be a shame if we let that happen. It is only our fault no one else’s. Hazar Imam cannot micromanage for us.He has provided all the tools to us. It is up to us to rise to get what we want. We have to rise to improve our own plight or at least support those who are bravely rising for this important work so vital to sustain our faith.

The life is so busy people do not have time to go and visit their old and sick parents how will they go to Tarika board office and make appointments t to read Farmans? Ridiculous idea! Would Hazar Imam ever recommend that?
Can anyone with sound intellect believe that? Are we that motivated by our Alvaez’s and Mukhi kamadia? Why would Hazar Imam make it so hard? He wants to make religion as easy as possible because he understands the pressures of modern life. Even Quran mentions that Allah does not want religion to be hard for you.

He desires ease for his believers.

There is no monopoly on good knowledge of anyone .It belongs to entire humanity. With center of pluralism making its progress Mark my word His Farmans will be made available by Mawla to everyone in search of knowledge and spiritual enlightenment. Right now may be he does not think is the right time. It will take some time but it is bound to happen
He will determine when is the right time but for sure it will happen. What all is happening now is a preparation for that stage. Global center of pluralism will make available teachings of every religion for everyone to access with responsible behavior. Because this knowledge belongs to every seeker of God and spiritual enlightenment. No one has monopoly on it.

Of course to maintain the sanctity and authenticity is vital and that it will demand responsibility. That is true with every facet of life. The very fact that lawsuit is still not concluded means it has still not achieved what it is suppose to achieve. There must be a lofty goal. This was just an interim break, opportunity to leaders to save themselves from humiliation and offer corrective measures. But they have failed to understand it because of lack of true faith. Opportunity missed by them big time! I want be surprised if Hazar Imam will let the defendants win the case. Because there is no infringement really as Alnaz and Nagib are convinced and are trying to explain to everyone. Hazar Imam Acknowledged the Mehmani incident and he “did not” say “that was no consent” Also he “did not say there was no forgery”. He has copyrights of course everyone has but he did not say you couldn’t spread my Farmans.

In essence the whole creation of the universe is a copyright of the Lord. Can any one deny that? Who can dare copy it without his will? Can you make a tiny cell without his will? Including invitro fertilization! Despite marvelous technology not every ovum or sperm are able to produce babies in test tubes! How come Tarika board with its all needed acumen and resources and big lengthy announcement to world jamat have not been able to come up with even a small booklet of GJ Farmans in one whole year? How could Nagib achieve anything if it was not Mawla’s will? My wife could not carry a lipstick in the deedar hall without being confiscated how did he manage to record each and every Farman? Was not Mawla aware he is doing it? My wife’s camera became nonfunctional once she tried to take Hazar Imam’s photo somewhere! No picture! He is almighty! How could the case be not concluded if it was Not Mawla’s wish?
To deny the power of Mawla’s will is denying the foundation of our faith. That Hazar Imam is the Noor of Allah. He is omnipresent, omniscient and omnipotent.

Why are we blaming these two murids? They are only the medium through which he is playing his Leela

* United States

Touching, very much so
On November 11th, 2010 Alnaz (not verified) says:

Very touching, and well reasoned. After arguing cases before ajudhe, this is how judges would explain their judgement.

* Canada

@Alibhai Jiwani
On November 11th, 2010 Yasmin (not verified) says:

Ya Ali Madad Mr. Jiwani. Very well said. Thank You.

* Canada

Your comment Mr Bloglaw
On November 10th, 2010 Rabya (not verified) says:

As usual Shabaash !!! We have nothing to add...

* Canada

ALL COMPLANTS AND FEEDBACK SHOULD BE TREATED EQUALLY AND FAIRLY
On November 9th, 2010 Bloglaw (not verified) says:

EDITOR you say ….the two friends (ALNAZ/NAGIB) continue to provoke and test the system and their latest salvo takes direct aim at the leader (IMAM) of the Ismaili community, his ability to make decisions for the community and his wisdom in making these decisions.

NAGIB AND ALNAZ HAVE IDENTIFIED SERIOUS GAPS AND HIGHLIGHTED THEM TO THE IMAM, LEADERS AND THE JAMAT. THIS IS IN ACCORDANCE WITH IMAM’S FARMANS, DIRECTIONS, CONSTITUTION AND INSTITUTIONAL GUIDELINES.

ALSO CHILDREN INFORMING THEIR FATHER OR THEIR BROTHERS AND SISTERS ABOUT THEIR CONCERNS IS NOT A REASON TO DIS-OWN BUT A REASON TO THANK THEM EVEN IF WE MAY NOT ALWAYS AGREE WITH THEM.

IMAM GAVE DIRECTIONS IN A 30 MINUTE MEETING WHICH ARE NOT BEING FOLLOWED. THE LEADERS IN QUESTION ARE NOT MEETING THE 2 MURIDS TO WORK TOGETHER WITH THEM AND SPEAK WITH ONE VOICE.

TESTING THE SYSTEM AND GIVING FEEDBACK OR HIGHLIGHTING ANY SYSTEMIC FLAWS IS A PART OF OUR INSTITUTIONAL PROCESS. HOWEVER THE TESTING AND REPORTING IS CONTROLLED BY LEADERS IN QUESTION AND MAINTINING THE SYSTEMIC STATUS QUO.

EDITOR: Ismailis have found this to be distasteful and we share that frustration. Hence, the call for measures under the constitution of the Ismailis. .. The pressure is building to hold the hearings..”

EDITOR WITH RESPECT YOU MEAN LEADERS IN QUESTION WHO YOU HAVE BEEN SPEAKING TO, ARE SAYING THEY ARE FRUSTRATED. IF NOT WHO GAVE YOU THIS INFORMATION, WHAT RESEARCH DID YOU DO. WHEN AND WHAT FORMAL COMPLAINTS HAVE BEEN MADE.

YOU ALSO SAY PRESSURE IS BUILDING ON HOLDING HEARINGS – DO YOU MEAN THESE ARE BEING CONSIDERED BY THE TOP LEADERS YOU ARE SPEAKING TO? IF SO IS THIS NOT A CONFLICT OF INTEREST (UNDER NORMAL INTERNATIONAL ARBITRATION RULES THIS WOULD BE SO. IN OUR ARBITRATION POLICIES AND ETHOS THIS IS THE CASE (SEE MOHAMMED KESHAVJEE AUTHORITATIVE ARTICLES AND SPEECHES ON THIS SUBJECT)

Editor: "We are saying that social friction created deliberately by two people should not go unchallenged and a hearing should be held. The constitution suggests that a hearing should be called upon a complaint being received. Such complaints have been received. We think those complaints should be taken up and appropriate measures initiated to hold disciplinary hearings"

WHAT DID THE CONSTITUTION OR THE INSTITUTION DO FOR 2 MURIDS BEFORE THE LAWSUIT WAS FILED. NAGIB AND HAD MADE VERY SERIOUS COMPLAINTS ? WERE THE NATIONAL OR INTERNATIONAL CONCILATION BOARD CHAIR PERSONS CONSULTED OR INFORMED. HAVE THEY BEEN KEPT INFORMED?

MORE COMPLAINTS,GAPS AND REVELATIONS WERE MADE AFTER THE LAWSUIT WAS FILED, INCLUDING BUT NOT LIMITED TO ALNAZ NOT EVEN HAVING BEEN CONTACTED FOR ANY CONCILIATION WHATSOEVER BY SS, MM OR ANYONE ELSE.

WHAT DID, WILL AND SHOULD THE INSTITUTION (ALL LEADEERS) DO REGARDING THESE COMPLAINTS FROM THE 2 MURIDS AND FROM THE LEADERS IN QUESTION (BOTH UNPRECEDENTED) . NOW FROM THE EDITOR OF VANCOUVERITTE AND HIS FRIENDS.

IF ALL COMPLAINTS ARE TREATED EQUALLY AND FAIRLY THEN ALL THESE COMPLAINTS SHOULD BE CONSIDERED INSTITUTIONALLY NOT SELECTIVELY. Then IF DECIDED TO BE HEARD. (IF SO ACCESS TO ALL THE RELATED CONSTITUTIONS, RULES PROCEDURES AND POLICIES WILL NEED TO BE MADE AVAILABLE TO THOSE DEFENDING AND INTERESTED ISMAILIES)

HOWEVER THE EDITOR AS I HAVE COME TO EXPECT FROM HIM, ONLY WANTS SELECTIVE COMPLAINTS TO BE CONSIDERED AND HEARD BY THE LEADERSHIP. I THINK EDITOR, YOU HAVE NOT REAEARCHED OR READ FULLY (OR GIVEN ACCESS) TO THE CONSTITUTION AND ESPECIALLY THE RELATED RULES POLICIES AND GUIDELINES INCLUDING THE NATIONAL ONES FOR CANADA, KENYA, UK AND FRANCE WHERE ALL THE FOUR RESIDE (SS-MM-AJ- AND NT). THIS RAISES THE QUESTION WHERE WOULD SUCH A HEARING IF DECIDED BE HELD AND IF WILL BE OPEN ALLOWING ISMAILIES TO BE PRESENT AND WITNESSES TO GIVE EVIDENCE INCUDING LEADERS (: HOW MANY LEADERS OR MURIDS HAVE READ OR HAVE ACCESS TODAY IF THEY WANTED TO READ AND STUDY THEM.

SHOULD THE NCAB OR THE INTERNATIONAL ICAB CONSIDER THE COMPLAINTS AGAINST THE LEADERS IN QUESTION, AND AGAINST THE 2 MURIDS ? IF SO WHETHER NOW, OR AFTER THE COURT CASE HAS ENDED. SINCE WE ARE TALKING ABOUT TOP LEADERS WHAT DOES THE CONSTITUTIONA AND THE RULES SAY ON THIS – FOR EXAMPLE DOES THE DICISION GO BACK UP TO DR SS AND THEN FOR HIM TO DECIDE IF HE WILL SEEK GUIDANCE FROM IMAM OR NOT ?

SINCE WE DO NOT KNOW “ALL” THE RULES AND POLICIES WHICH ARE INACCESSIBLE TO MOST, IT IS ALSO NOT POSSIBLE TO GIVE A FULLY INFORMED OPINION.

THIS CASE IS BEING CURRENTLY HANDLED DIRECTLY BY HAZAR IMAM. SO IF MHI IS HANDLING AN ISSUE THEN SHOULD MURIDS MAKE A COMPLAINT? IF SO, ( ACCORDING TO EDITOR THEY HAVE) , AND SO HAS ALNAZ AND NAGIB, THEN SHOULD A COMPLAINT BE ACCEPTED CONDSIDERED AND A FULL REPORT OF ALL THE FACTS AND RECOMMENDATIONS BE GIVEN TO HAZAR IMAM PERSONALLY ? MAY BE AND WE HOPE THIS IS WORK IN PROGRESS AS WE SPEAK.

SINCE THE LAW OF THE LAND PREVAILS SHOULD ICAB ADDRESS THESE COMPLAINTS BEOFORE THE END OF THE COURT CASE AND IF THERE IS THEN AN APPEAL TO THE COURT OF THE LAW OF THE LAND/S AGAINST THAT DECISION THEN WOULD THAT HAVE TO BE UPHELD AND ALL THE DISCLOSURES IN THOSE PROCEEDINGS BE DISCLOSED IN THE COURTS OF THE LAND/S.

MOST IMPORTANT WHAT DOES IMAM SAY -

· WHEN IMAM MET THEM ALL FOR 30 MINUTES ON 15 OCTOBER 2010, IMAM HAS DIRECTED CONCILIATION, SPEAK WITH ONE VOICE AND WORK TOGETHER.
· LEADERS AND IMAM DID NOT ALSO WANT EXCOMMUNICATION. IF THEY DID THEY WOULD HAVE DONE SO BEFORE THE LAWSUIT WAS FILED AND IMAM WOULD CERTAINLY NOT HAVE MET THEM FOR MORE THAN 5 MINUTES OR SAY “MAY I MAKE A SUGGESTION.
· IMAM WANTS THE HERITAGE WEBSITE TO CONTINUE. THEREFORE HE ALSO WANTS THE 2 MURIDS NOT TO BE EXCOMMUNICATED.
· IMAM DOES NOT WANTS THE BOOKS DESTROYED BUT RETAINED BY MURIDS WHO HAVE THEM. IF IMAM WANTED ALNAZ AND NAGIB TO BE EXCOMMUNICATED WOULD HE DIRECT THAT THIS BOOK SHOULD TO BE RETAINED BY MURIDS WHO HAVE THE BOOK.
· IMAM WISHES OUR CONCILIATION AND ARBITRATION BOARDS TO BE EXTENDED BEYOND ISMAILIES. THEREFORE THEY MUST BE, AND BE SEEN TO BE, FAIR AND JUST TO ALL AND TREAT ALL EQUALLY.
· ALL OF US NEED TO PONDER WHY IMAM DECIDED TO GIVE DIRECTIONS FOR 25 MINUTES ON 15 OCTOBER 2010 AND NOT GIVE PRE-DRAFTED INSTRUCTIONS FOR 5 MINUTES AND WHY IMAM DID NOT DISCUSS IN ADVANCE WHAT HE WAS GOING TO SAY WITH SS, MM OR MR GRAY.

I HOPE THERE WILL BE PROPER INSTITUTIONAL REVIEW, RESEARCH PROCESS AND AN IMPACT REPORT (INTERNAL AND EXTERNAL) WHICH IS INCLUSIVE, OBJECTIVE AND CONSULTATIVE. SUCH A REVIEW WILL ALSO HIGHLIGHT RELATED AND CRITICAL CHANGES NECESSARY.

* United Kingdom

@ Bloglaw
On November 9th, 2010 An ordinary Murid (not verified) says:

There have been many attacks at Vancouverite site on you, Nagib and Al Naz since long; however, recently, for last few days they are now severely attacking your each and every post. The reason being: They are unable to reply your posts logically.
Your each and every post to them is studded with full of logic and if some one wants to criticize them, it should be done with logic and point by point rather than using uncivilized, reviled and threatening language which they usually employ. Just perusing their last posts of few days, it is evident they want to demoralize you so much so that you stop sending them befitting replies. I foresee that they are fast building up pressure on you for that purpose. Any person of even ordinary intellect can easily deduce that their replies never matched your posts. Many questions you raised there were remained unanswered. Indeed, you have been doing excellent job. One person v/s so many dwarfs.

The difference between "only logic" verses "faithbased Knowledge
On November 10th, 2010 Alibhai Jiwani USA (not verified) says:

The difference between “Only Logic” and “Faith based knowledge”
A faithful is going to make his point by knowledge-based facts and logic and he is always able to maintain the respect and integrity of everyone. He is secured he does not have to use substandard language to get his point through.

A faith based argument will always be creative and and will contribute to the knowledge and greater good of humanity.
“ Only logic” based argument is criticism and it is only detrimental.It cannot create anything.

That person might succeed in just asking what they think are logical questions but in fact they cannot reach to any answers or solutions. They do not contribute anything to the solution of the problem but in fact remove the solution further away. They may be able to shut off someone out of their nasty vocabulary but nothing is achieved.

So is the case with Bloglaw and other bloggers on the “other site”. Bloglaw has knowledge and logic that is faith based hence creative and purposeful and of great quality. Others are arguing out of hatred far from even normal standards of conversation. There is a difference of day and night

* United States

The defendants will not lose the case.
On November 9th, 2010 Alibhai Jiwani USA (not verified) says:

I strongly believe that the defendants will not lose the case.
Mawla himself appeared and validated to the defendants with various indicators that his divine self is with them."Khoda Hafiz".
Any believers with the strong belief that Hazar Imam is the manifest "Noor " of Allah will quickly agree with the above statement. (The true essence of Ismailism)

Those with half hearted faith and those who believe Mawla is just a very powerful heriditary progeny of the Prophet with a vast empire of Ismaili COUNCIL, LIF and AKDN and AKF and a bunch of powerful lawyers and every available resource at his exposure is bound to succeed, will not believe in the above statement.

The true momins believe that the above-mentioned institutions are just the exoteric manifestation and outcome of Mawla's apparent human existence, which are created to serve a greater good of the entire universe. But his divine manifestation in this world always was, always has been and always will be solely to protect his "true momins". He has no other goal in life but to help his momins. (Every scripture Geeta, Bhagvat, Pir's Ginans) validates this point,(including MHI's last GJ Farman Talika)

His purpose of every "Avatar" has always been to protect his dearest momins (True believers) and destroy the evil.
His high profile speeches and High profile Centers etc are his pass times and role model karma in the human role while he is achieving his intended divine goal.

So according to me, to all of us,MHI's last visit to Canada may seem like he traveled all the way to Canada for the prestigious lecture "LA Fontaine" that was only an excuse.He is above prestige and recognition , which are ordinary human desires. To appear for his true momins Nagib and Alnaz and give them necessary guidance and strength and provide opportunity to "the Leaders" to still correct themselves must have been his true goal. But our Mawla is very "packka" he "makes believe" everyone differently.

Hence no matter how brilliantly Mr. Gray plays his cards the defendants will win. They will not lose because "Aly" is with them. Defendants have no selfish motive they are fighting for the “greater good” of the Jamats worldwide (To make Their Mawla's Farmans available) His exoteric army (Law firm and LIF etc) is with "the Leaders" but it will prove totally weak in front of divine Mawla whose "Noor" is guiding the defendants who are strongly doing their Karma.

My views may not be in agreement with the vast majority of the jamat and they may want to kill me But so be it. If I do not post what I strongly feel, I might be doing a disservice to the almighty. Mawla is the only one to decide who is right and who is not. May be He is inspiring me to write which of course I “do not” know for sure.

I

* United States

@ Alibhai Jiwani
On November 10th, 2010 Kasamali (not verified) says:

Yes, you are absolutely right. He is always there to help His Lovers in their dire need. Miracles did happen in the past and will also continue to happen. All one need is the right perception to observe and understand them.

THE HONUORABLE THING TO DO AS DIRECTED BY IMAM
On November 9th, 2010 @Alibhai (not verified) says:

You are right and right to share. Imame zaman reminded us and the world on 15 October in the Morning and the evening of that special day about the power of the divine. And to seek- share with love, humility and hospitality and not out of anxiety or fear (excerpt below from Imam e zaman - Caps supplied )

"..In sum, what WE MUST SEEK AND SHARE is what I have called “a cosmopolitan ethic,” a readiness to accept the complexity of human society. It is an ethic which balances rights and duties. It is an ETHIC FOR ALL PEOPLES. It will not surprise you to have me say that such an ethic can grow with enormous power OUT OF SPIRITUAL DIMENSIONS OF OUR LIVES . IN ACKNOWLEDGING THE IMMENSITY OF THE DIVINE WE WILL ALSO COME TO ACKNOWLEDGE OUR HUMAM LIMITATIONS AND INCOMPLETE NATURE OF HUMAN UNDERSTANDING.

In that light, the amazing diversity of Creation itself can be seen as a great gift to us – NOT A CAUSE for anxiety BUT A SOURCE of delight. Even the diversity of our religious interpretations can be greeted as SOMETHING TO SHARE WITH ONE ANOTHER - RATHER THAN SOMETHING TO FEAR .

In THIS SPIRIT OF HUMILITY AND HOSPITALITY – the stranger will be welcomed and respected, rather than subdued – or ignored.In the Holy Quran we read these words: “O mankind! Be careful of your duty to your Lord who created you from a single soul …[and] joined your hearts in love, so that by His grace ye became brethren.”As we strive for this ideal, we will recognize that “the other” is both “present” and “different.” And we will be able to appreciate this presence – and this difference – as gifts that can enrich our lives.."

HOW PROFOUND INSPIRING AND DIVINE ! I pray that everyone will work together to end to this case as directed by Imam e Zaman.

* United Arab Emirates

very well said
On November 9th, 2010 Farmanbardari (not verified) says:

Very well said, in serving Mowla, we should be happy, humble and confident. We may work hard and struggle knowing that sucess is in His hands.

Mowlana Sultan Mohammed Shah said:

"You should act in such a manner that wherever I go I get to hear
that the followers of the Aga Khan are like the angels. If you
act as such, only then your faith will be beneficial to you...
If you do bad deeds, you would be known as an evil person; if
you do good deeds, you would be known as a pious person, and
everyone would say that the religion of the Khojas – the followers of the
Aga Khan is very good."

* Canada

Why are SS and MM being so cruel
On November 9th, 2010 Iman (not verified) says:

When the defendants have agreed that the Imam has got the copyright over his Farmans then why are SS and MM insisting on them (defendants) to accept copyright infringement. I think it is purely to show their power to the Jamat.

How can these leaders be so cruel because they know what the consequences will be for Nagib and Alnaz if they accept what the two leaders want. And why should the defendants accept it even. Copyright issue was raised only after this case. Before that there were no written guidelines about copyright. So I think SS and MM are being quite unreasonable by asking them to accept copyright infringement.

* United Kingdom

The curtain has lifted
On November 7th, 2010 Zeenatara Allahrakhyaa (not verified) says:

Oh my God, it should all be clear now to the entire jamat worldwide. With MHI's mulaqaat with the defendants, and the reports by the defendants of what He said and commented, it should all be very clear now as to what has transpired. And the only acceptable reaction is horrified anger. MHI's comments such as "I wish we could speak with the same voice", "I am not aware of any website issues", "Why can you not work together", "those who have bought the books can keep them", "only return the undistributed books", "I wish to protect my ginans", "the imam annotates the firmans but does not change them", all these and other comments and happenings, such as Mr Gray snatching the letter from the Imam's hand, have very very meaningful and far-reaching undercurrents.
All those with even a bit of intelligence will have realized through all these comments as to what some people are capable of and how much love and respect they have for the imam.

The defendants to-date have been much ostracized. Even their families and children have not been left alone. Now that the truth is out, why is everyone quiet?! Why is there no indignation against how little love and respect senior leaders have for the imam and for their audacious behaviour in using the imam's name and also in the presence of the imam Himself?!
Shame on all of us now if we don't, with one voice, condemn this behaviour and demand their resignations!!
The jamat needs to wake up and fight against those who have accorded such shabby treatment towards our most loving and dearest imam for whom we can even give up our lives!!

@Zeenarara
On November 7th, 2010 Yasmin (not verified) says:

Ya Ali Madad. Zeenatara, well said. I wonder what acion have those leaders taken, who were present in the meeting when this incident took place, "Mr Gray snatching the letter from Our Beloved Hazar Imam's hand"? That was very disrespectful". "Thank you.

* Canada

MORE MIS-INFORMATION OR SPECULATION
On November 7th, 2010 Bloglaw (not verified) says:

Comments by News Editor Vancouverite November 6, 2010 “…..we’re dealing with a different kind of beast here. And I have impressed upon our leaders the penalty for appeasement and timidity in handling this situation. I am now hoping that leadership will dispense with the niceties and move on with vigour in both seeking a legal response and an internal constitutional response to this unbelievably atrocious attack on HH, his appointed leaders, the system of justice and just plain human decency. No right thinking person can now say that we did not try every available means prior to taking vigorous action within the confines of the law. And I think there is a realization of this at the very top too. I think that sense of frustration has now reached the top of the Ismaili leadership and I think from now on there will be no more conversations.

RESPONSE BY BLOGLAW – Editor; You say there have been conversations, niceties by the leaders and every means available has been tried to conciliate and settle this lawsuit.
Have there really been ANY conversations or meetings between Leaders and Alnaz/Nagib after 15 October 2010. Since you say you are in contact with top Leaders, ask them again what conversations or meetings have taken place, and what other means they have tried if any? Also what are the niceties you claim were extended by the Leaders to Alnaz and Nagib? NONE from what I have read so far and based on what Dr SS and MM said on 15th Oct 2010.

Earlier you said if Leaders had sat down together immediately after the meeting on 15th October then issues could have been resolved and the consent order filed. There was no meeting. Do you have new factual information from the leaders, and if so, please do report the facts.

I appreciate you say, you are only THINKING and so speculating what leaders may be thinking and you are HOPING they will have no more conversations, and leaders will excommunicate them etc. I am sorry inaccurate information leads to inaccurate conclusions. Hence your totally wrong unsubstantiated statement that no right thinking person can now say every available means was tried. That is not responsible reporting or journalism. I refer you to Hazar Imams speech of 15 October 2010. The section where Hazar Imam is talking about spreading of such mis-information, dis- information and resulting distortions.

Can also please also find out what is the precise reason delaying the signing & filing of the consent order. Also why an admission of infringement is so critical, notwithstanding Imam’s directions. According to my analysis posted earlier it is not a critical need. There has been no reasoned response so far. I assume you, as a journalist have asked the Leaders and or Mr Gray to comment.

* United Kingdom

@Bloglaw re: above post of Nov. 7th
On November 9th, 2010 Kanize (Canada) (not verified) says:

786
Thank you for your perseverance in replying to those posts, Bloglaw. Mowla sukhi raakhè. Ameen.
Ya Aly madad.

* Canada

@Bloglaw
On November 7th, 2010 Yasmin (not verified) says:

Ya Ali Madad Mr. Bloglaw. I wonder whether editors from other sites have discussed with the leaders, the incident that took place in the meeting, when "Mr. Gray snatched letter from Our Beloved Hazar Imam's hands"?. I am sure we all Ismailis find this "very disrespectful". Also, are these editors going to discuss this issue on their websites? Thank you.

* Canada

Vancouverite Editor speak for Dr SS and MM
On November 7th, 2010 Murad (not verified) says:

YAM if you read the last 4 comments of Bloglaw in that website and that editors comments it is very clear that he speaks to the leaders In question and therefore his replies are based on what the leaders are telling him. As he said no right minded and thinking responsible and especially and Ismaili journalist and reporter would not ask and report what happened in that meeting and what is the difference between them and why is there a critical need for an admission of infringement. this has been excellently analysed and creased by Bloglaw .

* United Arab Emirates

Heritage Website
On November 6th, 2010 Asif Momin (not verified) says:

My friend has been in offensive mood for last few months since the filing of the case. From the beginning, he used to believe that the case has been filed by HI and for which, instead of giving logical reasoning, he was heavily relying upon some press reports and words of Mr. Gray and Dr. SS. Many a times he used very hash language against Nagib and Al Naz and supporting each and every word, every action and every move of Gray and SS.

When the defendants moved their ‘discovery’ application in the court, he almost blew off and declared that the court would never sanction/approve ‘discovery’, as Gray is such a lawyer that he will turn that application into pieces. But when even Ottawa judge upheld the discovery granted by prothonotary, he became so much furious that he even reviled the defendants and termed them as renegades. He further uttered that,” Not only would these two renegades but their families as well as their supporters also go to hell. In no case HI will appear before them and grant any Mulakat even for a minute to these renegades, instead He will appear directly in the court and will present his identity as the plaintiff.

However, when HI presented himself for the meeting and granted Mulakat for extra 25 minutes, besides 5 minutes of ‘recording’, even then he tried to justify the snatching of Nagib’s letter from HI’ hands. Being neighbors and in the same profession, we are good friends. However, our views on this topic are poles apart. He used to debate almost daily about this topic with me, and most of the time in his mothers’ presence.

I told him: “Let Gray and his team think that they have done a good job by selective recording, but you will see that they will not get any advantage out of it. As HI is now officially aware of the issue, and at the right time he will certainly come again for mediation.”

I was very much pleased that some few days back when his mother gave him following advice in my presence: “Do not attack these two Murids. I know that they have attained much spiritual progress and just see how much Heritage site has been providing wonderful materials about our Satpanth. Very few Ginans are ever published by Ismailia Association/ Tariqa Board, but you will find all Ginans and their meanings on this web site that also include Ruhani Ginans and History of our Imams. Don’t listen to leaders in the matter of our Tariqa, just live by Farmans.”

@ Asif
On November 7th, 2010 Kasamali (not verified) says:

I agree Asif. Just going some posts at other site including that of the news editor, I just shudder at the thought as to what would happen if the defendants lost the case in the court. It seems these people are ready to pounce on Nagib, Al Naz, rabiya, Yasmin, Alibhai Jiwani and others just like the vultures, vampires and wolves pounce on their preys.
But as you have said, since HI is now officially aware of what is going on, He certainly would not leave the two Murids at the mercy of trio (SS.MM and Gray) who too fueled by egocentricity, vengeance, and retribution wants to suck each drop of blood out of Nagib and Al Naz.
One should not remain in illusion. He is always there , at the right time, to help out His Gopis, His Nuseris, His Fidais and His Lovers(313 Momins).
Next, Nagib and Al Naz have already gave their version of off the record discussion of 25 minutes, and now many members of Jamat have started realizing how our top leaders behaved with our Maula, and yet these leaders have maintained mum. This itself proves that off the record materials provided by defendants is all authentic. Otherwise why should they maintain total silence about all such important observations?

@Kassamali
On November 8th, 2010 Yasmin (not verified) says:

Ya Ali Madad Mr Kassamali. Thanks for your interesting comments.

If Our Beloved Hazar Imam wanted to talk to Nagib and Alnaz just for 5 minutes, He would have done so, and given them instructions and gone, but He was with them for 30 minutes and He was so "gracious", because he knows each and every Murid of His, He also knows their intentions. Nagib and Alnaz are His good Murids, and Mowla loves all His Murids. Whoever is trying to attack verbally these Murids or anyone else, are "hurting Our Mowla".

You have stated in your comments that I can also be pounced by some people on other sites. Mr Kassamali, I always believe one thing that, only Allah and my Mowla knows my intentions, and They can only judge me. If people wish to say anything about me, or attack me verbally, it's ok, because my "goona are washed away", and I just pray for them.

Instead of attacking verbally Spiritual Brothers and Sisters, why can't people who are also hurting our Mowla, because of their behaviour, leave issues of this Lawsuit in His hands, who has already intervened, and Inshallah He will take care of everything.

I have mentioned this before in my previous postings on this Great Site, that we are just discussing for changes to be made in the policies of our leaders, this would be better for our coming generations also.

We all are Spiritual Children of Our Beloved Hazar Imam, "why can't we be united and work together", as He always says.
Thank You.

* Canada

Spiritual health and education
On November 5th, 2010 Farmanbardari (not verified) says:

Many people dedicate their spare time or full time to serve Mowla's health and education institutions. They follow Mowla's wish and Farman to render service to the jamat and the Imam. And they serve as Mowla says without any hope of title and expecting nothing in return except Mowla's happiness and blessings (at least they should).

Nagib and Alnaz, and all those who helped in gathering, compiling, distributing, defending, reading, analyzing, preserving and sharing Mowla's Farmans did a service to the spiritual health and education of the Ismaili Jamat. They offered a confidential, loyal and utmost service to the work of the Imam of the time and to the spiritual quality of life of the Jamat.

Mowlana Hazar Imam said to leaders in Gilgit 1987:

" I would like you to know that the Imam has placed great trust and great confidence in you....But remember that authority has with it duty and the need to serve. There is no authority in My mind which is healthy if it is absolute and it does not take place within a philosophical and a social context. And, therefore, in your leadership to the Jamat, be considerate, be humble, be hard working and share with the Jamat their concerns and their needs. So that they come to you not out of duty and obligation, but they come to you out of affection and respect and love and admiration."

* Canada

To Farmanbardari re: above post of Nov. 5
On November 8th, 2010 Abdullah (Canada) (not verified) says:

786
Indeed, brother Farmanbardari, Nagib and his team have done an outstanding job.
And the farman you quoted is such a balm on the hearts of those who sometimes shake their head at the way some leaders do their work, wondering whether they (=the leaders) ever had guidelines or not about the way to perform their service...Thank you.
Ya Aly madad.

* Canada

Opportunity NOT missed !!!!
On November 5th, 2010 rabya (not verified) says:

Very well said Alnaz, bravo, We continue to pray for you and Nagib

* Canada

WHY INSIST ON INFRINGEMENT - SELF INTEREST OR A CRITICAL NEED !
On November 4th, 2010 Bloglaw (not verified) says:

If MHI had personally instructed Mr Gray to file the lawsuit, then on 15th Oct 2010, why would Imam spend 25 minutes with the defendants and not one minute to say he is the plaintiff, there were no forgeries, he would like allegations withdrawn and a Judgment agreed. Leaders need to ponder over this question and directions given by Hazar Imam on 15 Oct 2010.

The main disagreement in the 2nd consent order drafted by Mr Gray and what Nagib-Alnaz signed, is that Mr Gray/Dr SS and MM, want Alnaz and Nagib to admit that they infringed copyright (according to Alnaz)
So Let us examine reasons the why Mr Gray/SS/MM should be asking Alnaz and Nagib to admit they Infringed copyright;

a. Alnaz and Nagib have never questioned and have already admitted Imam’s has copyright over farmans.
b. Imam has registered copyright of His Farmans in Canada after the start of this lawsuit.
c. Imam has given consent for books which have been already distributed to remain with murids.
d. Since Imam has consented. There is therefore no reason why legally and for the purpose of a consent order this consent cannot be a continuing consent which was settled by conciliation and agreement at the behest of the Imam.
e. Imam has no issue therefore also with integrity or authenticity of farmans in the book.
f. By not admitting any infringement by Alnaz & Nagib, our mehmani rite and ceremonies are also preserved, remain intact & hooured.
g. Imam has accepted Alnaz was not involved with the printing, publication or any infringement. Why should he be asked to admit infringement
h. Imams copyright is no less or more protected if Alnaz and Nagib admitted infringement or did not. So why the need.
i. Imam, did meet for 25 minutes, wanted conciliation, and directed everyone to work together, and Imam will meet Alnaz and Nagib again. Imam wanted all to speak in one voice.

In view of the above the only reason why Mr Gray Dr SS and MM are trying to get an admission of infringement from Alnaz and Nagib can only be motivated by self interest and or to boost personal ego’s and or other such reasons. There is no critical need or benefit for the Imam or the community in asking for an admission of an infringement for the consent order. If there is r I have missed something, then I invite leaders in question, Alnaz, Nagib, or Mr Gray to share them with us, and or to comment on what was said in those 25 minutes ? According to the defendants the following is a summary of what was said;

1 Nagib said he is seeking forgiveness and only Directions, Instructions and Orders from Imam. He did not exercise his law of the land right to question or cross examine Hazar Imam
2 Imam wants them to admit copyright over His farmans and added that this is the honourable thing to do
3 Imam will meet Alnaz and Nagib going forward.
4 Imam annotates His Farmans but does not change any Farmans
5 Imam offered the annotated Farmans to Alnaz and Nagib if they wanted them.
6 Imam said that when Farmans were changed in the past , it has hurt dais
7 Imam wishes to protect Farmans from being changed, and to protect Ginans.
8 Imam confirmed that a murid [referring to Karim Alibhay] presented him the first book during a mehmani ceremony in Montreal in 1992, and Imam responded by encouraging him to continue the work;
9 Mr. Tajdin informed Imam that he had 200 books remaining in Kenya and if he can return them to ITREB in Kenya. Imam agreed.
10 Alnaz sought further clarification and Imam confirmed again that the distributed copies of the books can remain with whomever they have been distributed to, and that only the undistributed books are to be handed to ITREB
11 Dr Sachedina objected to this and suggested that he could send an announcement to be read in all Jamatkhanas for all copies distributed to be returned. Imam refused and responded to him by saying “it would be nice if we spoke with the same voice”; {meaning Dr Sachedina was contradicting Imam’s decision,. Instead of asking for guidance he is contradicting Imam’s wishes”}
12 Imam suggested that Alnaz and Nagib withdraw allegations of fraud made against His staff, and officers.
13 Imam confirmed that Farmans of previous Imams and the copyright in them also belongs to the Imam;
14 Mr. Manji asked Imam to direct Alnaz and Nagib to cease the heritage web site activities. Imam refused. Mr. Manji then said to Imam that the web sites causes a lot of problems and confusion in the Jamats and has a name similar to Ismaili.org. Imam responded to him by saying that Imam is not aware of web issues and “it would be nice if we spoke with one voice”, and added “why cannot you work together?”
15 Mr. Tajdin informed His Highness that he took full responsibility for the publication of the books and that Jiwa had nothing to do with publishing of the books, to which Imam responded that he knew “Mr. Jiwa” was not involved in the publication of the books;

According to Mr Gray whatever was said off the record is legally privileged. Therefore legally he will not attempt to agree what was said off the record or for it to be admitted in court. However by changing his first draft he is accepting that his first draft was not in accordance what was agreed, which justifies the resulting disputes.

Will Dr SS and MM take the same stand as Mr Gray or will they do the right and honourable thing by sitting down with the leadership and together with Alnaz/Nagib ensure ALL directions given by Hazar Imam are fully shared, discussed, agreed and followed.

* United Kingdom

Here is the guidelines that court sets
On November 5th, 2010 sadrudin (not verified) says:

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 02-NOV-2010 directing that There is a disagreement between the parties as to what transpired in the course of the attendance of the Plaintiff to be examined on discovery.

Notes from Admin:

The full text is on Docket.

* United States

@bloglaw, regarding Nov 4th comment
On November 5th, 2010 Alibhai Jiwani (not verified) says:

Excellent summary and analysis.

* United States

Lawyers...
On November 4th, 2010 Kasamali (not verified) says:

Some people at other site used to praise Gray as HI’s lawyer and used to write that,’ He talks frequently to HI during the case proceeding’. If that was so did he not know how to behave and to respect such a personality, and why did he snatched that letter from His hands? What a crass behavior by this so called a senior lawyer! How can one believe that he was appointed by HI? Had he been appointed by HI as His lawyer, instead of snatching the letter from Him, he would have gracefully requested,’ His Highness, please do not read this letter, it would weaken our case’. How could any lawyer annoy his own client of top most international personality who pays him a hefty fee? Is there, then, any doubt left as to who hired him?Each and every thing gets unfolded gradually for wise people to know one truth after another. Remain watchful, many more will follow.

Initially he tried to prove that he was appointed by HI just by showing a photograph. He failed there. That was his first lie. Next, he employed all his experience, all his talent and all his energy to thwart the discovery request of the defendants. And here he failed miserably. One can easily understand that his one defeat after another at the hands of so called ordinary people (defendants), was too much for him and he was very much annoyed. Therefore, he used his cunning tactics, when he realized that Nagib’s letter of 4th January in the hands of HI would be a great set back to trio, he instantly snatched the letter from HI’s hands.

Will Dr.SS and Mr. MM advise their lawyer, at least next time, as how to behave with HI? And even at the meeting why did they not take objection and pointed out this great blunder of their lawyer? What kind of Ismails are they? But why should they do it, when they themselves were rude to HI?

Pursuing the Case Further
On November 4th, 2010 Asif Momin (not verified) says:

Gray has craftily recorded only those things which suits him and hence it would be easy for him to establish that Agakhan indeed is the plaintiff and that He wanted allegation of forgery be withdrawn by the defendants. In the recording Nagib waw recorded saying,’ Sorry, I withdraw allegation of forgery’.All such things will be thoroughly exploited by Gray with his usual style.
Nagib, Al Naz: ‘Please be careful of this trio. They can go to any extent to win the case. Though they were not successful until the stage of cross examinations, but they are expert in surreptitious and cunning moves. We all know that you have worked very hard during all these seven months, but now you will be required to work even much more hard, for obvious reasons that they are not to be trusted at any stage.’
Lastly, our prayers are as usual are with you. May Maula guide and help you at each and every day and each and every step.

"Make Hazar Imam Happy"
On November 4th, 2010 Yasmin (not verified) says:

Ya Ali Madad. Our Beloved Hazar Imam has sacrificed His entire life for the Ismaili Jamat, and after 53 years of His Imamat, He has to remind the leaders again that "it would be nice if we spoke with one voice, why can't you work together?" It's very sad. Thank you.

* Canada

letters
On November 3rd, 2010 rabya (not verified) says:

Thank you Admin for the letters. Why am I not suprised about all this. Gray SS continue their manipulation, I have a question for Vazir Sachedina, 'aren't you afraid Vazir Saheb about your actions? Are you defying Mowla, you were present in the meeting, why don't you want to close this shameful case for everybody. Why do you keep lying''. if you continue like this instead of resolving peacefully and honourably this lawsuit with the defendants as Mowla said, the jamat will never believe you and will never believe in you any more. This is very very vey sad. Mowla subudi diye ne rahem kare.

* Canada

Meeting with the Imam
On November 4th, 2010 sadrudin (not verified) says:

Imam already knew, what is going to happen after that meeting/discovery and therefore, HE already forcasted the next meeting! Just be patience, Imam will follow up on this issue with HIS leaders and bring the matter to conclusion.

* United States

@ALIBHAI JIWANI AND ALNAZ
On November 3rd, 2010 ABDUL (not verified) says:

IF MR TAJDIN & MR ALNAZ WERE TO SIGN WHATEVER IS PRESENTED TO THEM IN THE NAME OF MOWLA, DESPITE THE WORDS OF MOWLA HEARD BY THEIR OWN EARS, THEN WHAT HAVE THEY BEEN FIGHTING FOR ALL THIS TIME?

IT APPEARS THAT THE LAWYER, SS AND MM ARE UP GAMES TO PROTECT THEIR REPUTATIONS AGAINST THE WISE COUNSEL OF MOWLA, WHO TREATED THIS MATTER WITHOUT HOSTILITY, WITH DIGNITY AND WITH FORGIVENESS.

TO TAKE THE POINT OF ALIBHAI JIWANI, MOWLA KNOWS EVERYTHING. HE MUST HAVE KNOWN THAT THE LAWYER AND COMPANY WILL TRY TO MANIPULATE NAQIB AND ALNAZ AND THAT THEY IN TURN WILL RESIST. IN THIS SEQUENCE OF EVENTS, MOWLA EXPRESSED HIS CLEAR DESIRE BY CHOOSING NOT TO INTERVENE.

OUR SEWADARIS HAVE NO CHOICE BUT REMAIN ON THE SIRATUL MUSTAQEEM. THEY MUST CONTINUE TO EXPOSE ALL THE SHENANIGANS OF THESE MANIPULATORS OF MOWLA’S WILL UNTIL DIRECTED OTHERWISE BY THE IMAM HIMSELF.

BY THE WAY, WHEN NAQIB SAID HE WOULD GIVE HIS TAN, MAN AND DHAN TO MOWLA, HE DID SO CONVINCED THAT HIS MOWLA WOULD NEVER DESTROY HIM FOR SOMETHING DONE WITH HONESTY AND FOR THE BETTERMENT OF THE JAMAAT. MOWLA REWARDED HIS FAITH BY OFFERING HIM MORE OPPORTUNITY TO SERVE THE JAMAAT. IF MOWLA HIMSELF HAD DEMANDED EVERYTHING FROM HIM, HE WOULD COMPLY AS HE WOULD SURELY BE REWARDED IN THIS AND THE NEXT WORLD. HIS FAITH IN THE IMAM, WHILST FOOLHARDY FOR AN ORIDNARY DEFENDENT, IS NOT UNKNOWN IN A TRUE MOMIN.

BUT HE NEVER THOUGHT THAT CLEVER, HIGH PRICED LAWYERS IN THE EMPLOY OF AMBITIOUS, INCOMPETANT BUT ULTIMATELY FAITHLESS LEADERS COULD DEMAND THAT HE SIGN AWAY HIS LIFE’S WORK IN THE JAMAAT. BECAUSE AS WE ALL KNOW, ONCE HE SIGNS ANYTHING LIKE WHAT THEY WANT, THEY WILL USE THEIR CONTROL OF THE LIF TO RUTHLESSLY CONDEMN HIM IN FRONT OF THE REST OF THE JAMAAT, WHO WOULD BE IGNORANT OF THEIR GAMES.

INCIDENTALLY, WHY WOULD ALNAZ HAVE TO SIGN ANY CONSENT IF MOWLA, WHO IS THE PLAINTIFF, ACKNOWLEDGED THAT HE KNEW THAT ALNAZ HAD NOTHING TO DO WITH THE PUBLICATION AND HE DID WHAT HUNDREDS OF ISMAILIS DID IN GOOD FAITH.......DISTRIBUTE THE BOOK TO FAMILY AND FRIENDS?

AND SO IT IS OK TO KEEP THE FARMAN BOOKS (AND PASS THEM TO FAMILY) FOR EVERYONE BUT NOT ALNAZ?

IT GETS BIZARRE…….

* Seychelles

Heritage WebSite
On November 3rd, 2010 Kasamali (not verified) says:

Congratulation. This WebSite can not be closed. Though they have failed this in future, they are sure to try again for banning it. But ‘રામ રાખે તેને કોણ ચાખે?’ ( How can they be successful when Maulana’s blessings are with Heritage.
So far Davids have been winning one battle after another against Goliath, and we are sure in future too, you will continue until the final battle is won.
Continue your struggle; our prayers are with you.

Letters from Alnaz and Nagib on the Court Docket
On November 2nd, 2010 heritage says:

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

Enjoy Surfing Your Heritage!

What is Hazar Imam's message?
On November 3rd, 2010 Believer (not verified) says:

Here are 2 murids who have been standing up for the sanctity of Imam's Word, and for what they believe Hazar Imam told them at Mehmani. These 2 Murids obviously do not trust the leadership, and many have understood their reasons. They doubt that Hazar Imam is behind the Statement of Claim.

On Oct 15, Hazar Imam appears, he knows the words to say that would clear all doubt.

Instead, Hazar Imam proposes a conciliatory approach, and starts correcting the misconceptions about Farmans, Mehmani, etc, and He lets these 2 murids see how Mr Gray snatches the paper that Hazar Imam was reading out of His Hand, He lets them see how Mr Sachedina interrupts and disagrees with Mowla. He lets them see how Manji interrupts and disagrees with Mowla. He lets them see how Gray later tries to propose a draft containing the opposite of what Imam said.

What message did the 2 murids actually get? Can this situation give the 2 murids more confidence in the Leadership? Should they still follow what they heard Hazar Imam say? Or should they consent to something different because it would be easier or because they fear these bold leaders who are allowed to breach protocol and civility towards Hazar Imam?

Ideally, all those present at the meeting should review exactly what Mowla said during the whole meeting, put it on paper, and end the case with this document. It may require concessions from everyone present including, as quoted in Hazar Imam's speech that night, to "work with people we may not particularly like", but how honourable it would be!

DID LEADERS LISTEN TO THE ENTIRE RECORDING AGAIN?
On November 2nd, 2010 Pirani (not verified) says:

The entire meeting was recorded and the recording is available. A simple process of listening & sharing the full recording could have avoided delay, costs, confusion and embarassment both internal and exteranal..

Can Librarian Umed obtain and post the 2 consent drafts of Mr Gray and the one signed by Nagib/ Alnaz ? Or a summary or list of precisely what is being disputed by Mr Gray

* United Arab Emirates

Recording
On November 3rd, 2010 Alnaz (not verified) says:

No the off the record conversation is not recorded. The rules governing these issues say, firstly, that only parties can attend; secondly, court reporter can go off the record only if all parties (participating in the discoveries) must consent before a reporter can off the record.

The reporter was chosen by Mr. Gray (ordered by court) but normally the examiner (in this case Nagib) would retain a reporter. The reporter seemed very close to mr. Gray and should not have gone off the record.

It is not surprising to me that Mr. Gray went off the record, and that the reporter chose to abide by his unilateral demands.

Unfortunately, I did not believe that they would play games but in hindsight I should have known better not to trust them.

One example of the issues of concern, they are insisting that we agree to infringement of copyright. I can't agree because MHI did confirm that books can be kept by the people. There can't be consent and infringement at the same time.

* Canada

you can agree if this is the only major difference
On November 3rd, 2010 Murad (not verified) says:

Alnaz If the major difference is to admit to Imams copyright. Can you not say on 15 October 2010 it was agreed the defendants admit without reservation that the plaintiff has copyright to farmans and that 200 books which have not been distributed will be handed over to ITREB Nairobi and the plaintiff consents to the rest of the books which were printed and distributed. It is further agreed and the defendants undertake that the defendants will not print and distribute Farmans in the future without prior consent from the plaintiff.

unless there are other major differences, I hope and pray you and Nagib will find a way to agree a consent order to end this case We all appreciate if you were not in presence of Mawla, you would have complained on the record,and stopped Mr Gray,s legal unilaterality etc etc . Mr Gray is trying to do his legal best legally for his client and that should not surprise anyone.

* United Arab Emirates

The defendant have not put
On November 3rd, 2010 librarian-umed says:

The defendant have not put anywhere in Court that they do not agree with the Copyright of the Imam, they have always agreed to this so there is no major difference as anything else is small stuff which should not be any hinder to all parties sinning of a Consent Judgment in the format acceptable to all parties. .

An Urgent and eager plea to both the defendants.
On November 2nd, 2010 Alibhai Jiwani USA (not verified) says:

After reviewing the latest posted letters and information regarding discovery I think wisdom lies in defendants just submitting to the will of Mawla.

I understand that Nagib and Alnaz were so humbled and overwhelmed by the fact they were in the presence of Mawla and his body language was so affectionate that they were engrossed in his Noor (being true momins).I think they forgot the legality of the situation and Gray and the leaders took every advantage of it by working it in their favor.

But hey! remember in your original affidavits you had agreed that only if you know Hazar Imam is the real plaintiff you
will surrender all what you have and own.( You cannot go back from that)

So let Gray and leaders feel they are winners but Mawla has given you great Acknowledgements and promise.
You will get plenty of opportunity to ask Mawla about your disappointments and injustice in future ( Inshaallah in very near future) He is aware of every single thing . So please do not fight about anything anymore even if there is obvious contradiction , just accept.And See the Miracles in your life. The Lord him self has said "Khoda Hafiz" means his divine self will protect you! What more do you want? These words will take your generations long way protected by him dearly.
It is like Nusseiri hearing From eternity"He is a true momin" So Alnaz and Nagib, brothers , please please I beg you just agree to everything . You have experienced and personally known that in true spirit Mawla is with you.

In the physical realm if you had hypothetically won but if Mawla was indeed not happy with you would that be any way be better? Not in a million years. So be happy and facilitate whatever it takes to end the lawsuit He has expressed His wish and you must expedtiously fulfll His wish there lies the wisdom and farmanbardari. You might lose the good will of jamat completely if you do not. However right you may be.

You really do not have any grounds now to continue. Mawla will apreciate your generosity. and that will establish your merits for future association to work with him Leaders will get what they deserve of their Karma. Leave that to Mawla. You are basically momins and this is all about faith and love and not the legalities Otherwise it is now on going to be heresay and very petty. Do not place your self so low after mawla gave you great acknowledgements.

* United States

Urgent plea misplaced!!!
On November 2nd, 2010 Alnaz (not verified) says:

With respect, I cannot agree with you.

Ask yourselves why did MHI start by saying, may I make a SUGGESTION .....

Was he issuing a direction? An order? A command?

Had he wanted to do so he could have done so specially as Nagib said he was seeking guidance and direction. MHI knew what we were fighting for.

His suggestion was temporary - Heritage did not report the whole sentence said by MHI. After saying may I make suggestion as reported, after saying about copyright and returning books (to ITREB) MHI adds immediately, this is the honorable thing to do, and I will meet you to deal with these issues.

He of course meant outside the court process, so this was solution to resolve the legal case.

But he suggested, now why would we agree and settle whatever is asked of us? Indeed why? The whole thing would be moot and useless.

MHI did not say settle at any cost, whatever is asked of you, no.

So I intend to continue the fight for the Imam and the jamat, your suggestion is plain and wrong and that attitude is what fuels the corrupt leaders, they know Jamats will turn the cheek and close their eyes to continue saying their prayers which enables them to continue their destructive path.

You have ignored the 1992 Farman I just mentioned a day or so ago, seek accountability and answerability which is what we are doing.

* Canada

@ Alnaz :You know it better.
On November 4th, 2010 Alibhai Jiwani USA (not verified) says:

Oct 15th 2010: An exceptional meeting of Hazar Imam and 2 defendants and 2 leaders.
An unusual perspective:

A Repeat episode of Scenario from Kurushetra and Writing of Geeta (apx 5000 years ago)

Last night I happen to hear a Hindu professor on T.V. regarding critical analysis of Characters of Arjun and Lord Krishna in reference to “Bhagvat Geeta”
Which is a very vital religious scripture for believers of Lord Krishna.
It is basically a very intellectual dialogue between lord Krishna and Arjun, his favorite devotee, friend and a cousin, which is widely used as a religious teaching for moral and ethical issues in life.
The dialogue took place in the center of the battlefield of Kurukshetra with 2 opposite armies present on either side and Arjun on the chariot with his charioteer being Lord Krishna in the middle visible by both the parties when Lord Krishna shows His “Noorani” swarup to Arjun who was so very much distraught by the situation of the war that was soon to begin
.
Arjun was in a dilemma and wanted to back off from war because he did not think it was appropriate for him to kill his teachers, elders and other family members who were in the opposite party to regain his own rights and kingdom and was asking Krishna who was his charioteer why should he fight? He did not care for kingdom and power. He wanted to stop everything.
He was full of emotions lost his courage.

Lord Krishna however persuaded him and encouraged him in a very exemplary and logical and thoughtful manner why it was so important for him to fight to protect the rights of entire state and defeat the cruelty and injustice. It was his ethical duty to fight even though it would mean a lot of deaths and devastation. It was important to end evil and establish truth and justice. (Geeta is the elaborate dialogue in the form of guidance) Arjun was the gem of a human being and was the most appropriate guy for the purpose.

It was basically a war of truth and lie, Justice vs. Injustice and good vs. Evil
The character of Krishna (8th Avatar Manifestation of Hazar Imam per our Pir Saderdin Ginanic philosophy) is very charismatic and extremely intelligent and logical. The perfect man of the time just likes of our Hazar Imam.

Arjun being a regular human being occasionally depicts multiple personality trait, basically an exceptional warrior very courageous and skilled but a family man with soft heart, a true devotee of Krishna hence was overwhelmed with fear, emotions, sorrow and inability to cope with the thought of loss of so many family members and a lot of others whom he loved. He wanted to back off at the nick of the time in the battlefield for fear of extreme destruction.

However Lord Krishna Pushed him in to the apparently tough and extremely difficult war of fighting the mighty and skilled army of cruel and corrupt Kauravas and they had an extremely violent and tough war but eventually Pandavas (Arjun) won because Lord was with them and established the victory of truth over false and Good over evil.

The meeting of Hazar Imam and Guidance in the legal setting between 2 opposite parties and Gray (The mean uncle of Duryodhan)
A very exceptional situation somehow mimics the settings of “Farmans of Geeta”
Nagib is the courageous and a very smart yet extremely devoted Momin of Mawla simulating the character of Arjun really encouraged by Mawla to continue the fight of good over evil?( Though not in clear words)( may be Nagib felt the words)
As long as Mawla is with him he will continue to succeed that is a guarantee.
May be Mawla appeared just to encourage and guide him for continuing his tough fight against the unjust and manipulative leaders?)
Only Nagib and Alnaz experienced the guidance in his “Noor” even in just few words and indicators.
It is beyond my ordinary intellect to understand the exact purpose and interpretation.

P.S.
With Global Center of Pluralism opened by our own Imam I thought it would not be totally inappropriate to talk about Hindu Scripture, since it is a part of our own history and Hazar Imam encourages us to obtain Knowledge even from China if found there.

* United States

Arjun's story did not end there..
On November 4th, 2010 Believer (not verified) says:

Arjun's and the Pandav's story did not end there. According to ismaili Pirs, the story is continued in the Granth "Boudh Avtar".

The Pandavs, even after victory, were told by the people and brahmins (the religious leadership) that they had done something awful and that they had to do an elaborate Yagn (Majlis) to get forgiven for their major sin of gaining victory over their elders. They felt remorse, and even if they had acted on the order of the Divine Manifestation (Krishna), they decided to give in and ask forgiveness for their actions.

Before the end of their Yagn, the Divine appeared in His next manifestation (Boudh Avtar) and told them that all their good deeds and the spiritual fruits of their struggle had gotten wiped out because it was a lapse of Faith and an insult that they had asked forgiveness for an action ordered by their Lord.

They recognized the next manifestation of the lord, got answers to some existential questions, and, in order to redeem themselves, they had to get all the people to scorn them by parading with a slaughtered cow...

It is indeed hard to follow Imam's command in front of the pressures of the world, even the Pandavs succumbed!

That's the point. Now that
On November 2nd, 2010 librarian-umed says:

That's the point. Now that the Defendants know for sure that the Imam did not initiate this lawsuit and they have first hand instructions from The Imam Himself, they know exactly what to do. Their task is easy as they just have to follow what the Imam said. They will obviously not contradict what the Imam ordained.

The Imam gave an opportunity to those who made the mistake to initiate the lawsuit in His name to come out of this mess honourably but they are refusing so it will be at their own expense. There is a passage in the Book of Proverbs about those who dig their hole and fall in it...

Missed opportunity
On November 4th, 2010 Chai (not verified) says:

I'm just curious, the Nagib had a wonderful opportunity to know that for himself, but chose not to ask HH if he was indeed the real plaintiff... why? Would this have not put any doubts in his mind to rest?
I hope this matter gets resolved in a such a way that is fair for everyone.

* Canada

Opportunity NOT missed !!!!
On November 5th, 2010 Alnaz (not verified) says:

I think Nagib did the right thing. Why ask Hazar Imam if He is the real plaintiff. Let Him say so Himself.

The jamats were told by way of a terrible announcement that Nagib and his group were terrible nafarmanis - refused to obey two letters directly written to him by the Imam, one from His brother, prompting the Imam to bring a lawsuit as “a sad last resort”, an refused to accept an affirmation, and then two guys (Nagib and me) had the audacity to DEFEND against the Imam !!! Wow, when I made a statement to the Law Times that we would defend the lawsuit, I was inundated with telephone calls from so many, emails, etc., all because we were going to defend AGAINST the Imam. Please, everyone told me, stop making a mockery of yourself and make the Imam become angry at you, he will excommunicate you, etc., etc. It took an enormous amount of inner faith to remain firm in the belief that the Imam was not behind this despite the optics of it all.

Finally the Imam and his two murids (according to others, two satans) are finally face to face. Finally the Imam had an opportunity tell Nagib (and me) how angry He was with us and to tell us to cease and desist our continued defiance and nafarmani, and to correct our mistaken beliefs.

So what does the Imam do!! Tell us to stop doing all the nasty things that we are doing? Stop defying the Imam? Nothing of that sort at all. The Imam responds (it on the RECORD) "May I make a suggestion". And He ends the suggestion by saying that He would meet us again (outside the litigation) and deal with the issues. Why say that He would to meet us again (raised it Himself) if are so wrong and terrible murids, worthy of being excommunicated for disobeying Him? Why NOT tell us how wrong we are, etc. It would have taken a whopping one minute to tell us off and to leave. All of one minute. And Nagib made it clear that although legally he could have asked questions of the Imam, he left the Imam at His freewill to say whatever He desired.

And all he did is make a SUGGESTION. Think about it. A suggestion is not a command, or an order, or a direction at all. Isn’t that like saying: you are right, I will not tell you to stop; I will not tell you that you have wronged me; I will not say you are nafarmani; none of that.

He does not say that He wrote the letters and ASKS us to apologize to them. No, He REQUESTS us to withdraw the allegations of fraud, why REQUEST us to withdraw? Had He signed the letters would He not tell us that we were wrong and ask us to apologize. Nagib was determined to file a report with Paris police, and Hazar Imam just protected His officer from criminal sanctions. And the Imam just requests us to withdraw the allegations.

The Imam was given an opportunity to correct us. Instead the Imam validated everything we said in our defense, and distanced himself from all points asserted in the claim, the reply, and the forged letters, all of which have been mentioned by Bloglaw in his post.

It was not a missed opportunity, at all. Hazar Imam took the opportunity to acknowledge the sacrifices we have done to fight and to protect Him and the Jamats. The historical references to Arjun and Mawlana Krishna is apt. There are no words by which I can express what happened face to face with the Noor. The Noor was with us and embraced us. Shukr, is all I can say.

Yes, there are many who criticize us. Remember the other site also chastised the Imam for agreeing to allow the books to remain. Abiding by the Imam's wishes is not their criteria at all. It is what THEY think is right is what matters. For these types of people, our Pirs has said: Aap muarada jeev dozake pariya (the person who acts by his own desires will go to hell).

Those who know our history, long gone history, should know that all Prophets, all Pirs, all Imams have had “dhongi” surrounding them. Pir has said: Dhongi to anee anee hare vasee, te tu lute shahebji nu dhyaan re, moman a man am janjo re..... (pretenders surround the lord, and they distract Him...)

* Canada

@Alnaz Jiva
On November 6th, 2010 Alibhai Jiwani USA (not verified) says:

Excellent job!
It just feels so right!
Your post touched my soul.

* United States

No doubts in my mind!
On November 4th, 2010 Nagib (not verified) says:

All doubt in my mind are gone. I know what the Imam wants.

I had the possibility to act as a cunning examiner or act as as a devoted Ismaili in this audience and I decided to act as an Ismaili. is this not what you would have done? I am sure you would have done the same.

When Imam is in front of you, you always address him by starting all your sentences with the word "I beg your forgiveness" and you continue your sentence if He allows you. And when you are interrupted or do not understand, you do not say "what?", you say "sorry?" - That is our code of conduct since Centuries.

The Imam said everything He wanted to say and you just have to trust that what He has for the future is what is good for everyone. He knew there was no way for me to ask any questions as all the 5 questions I had in my mind were related to the letter which was snatched by Gray. Gray knew that as a devoted Ismaili I would not raise my voice or create a fuss in the presence of the Imam and he took advantage of this. So be it.

I felt that The Imam has to set the direction of the meeting so I kept quiet. Is that not what each one of you reading this post would have done in the same circumstances?

Was I expecting anyone not to follow what the Imam would say at that meeting? No, I thought all will respect the words of the Imam. Did I expect people to contradict The Imam and argue loudly against Him? No, honestly, I was not expecting this to happen. I made an error of judgment, assuming that all of Gray, SS and MM would have some respect for Imam's instructions.

Ultimately what count is that Imam Himself has confirmed that Alnaz and I were right. So I am going to act in accordance to the Instructions I got.

@ Nagib - Was Gray or Nagib the examiner ?
On November 5th, 2010 Momin (not verified) says:

When reading the transcript and letters instead of Nagib being the examiner it was Gray who conducted the entire examination on record and decided what goes on record ?

Is the disagreement in the consent order as summarised and analysed by Bloglaw? Or are there any other reasons ?

* United Arab Emirates
Can the whole dicovery process be disqualified?
On November 6th, 2010 Alibhai Jiwani USA (not verified) says:

If according to law no one else can be present at the discovery meeting except the plaintiff and his lawyer and defendant and his lawyer except if agreed previously and if SS and MM were present there without the defendant's consent and if Gray exclusively decided what remains and what does not remain on the record without consulting the defendant and since this is explained to the judge by Nagib and Alnaz in their letters , How strong and objectionable is this issue?
Can judge rule that entire discovery was sabotaged by the Plaintiff's lawyer?
Then what happens?
Are we at square one?
Or consent judgment can still be acceptable?
Or the whole event is nullified and Hazar Imam might have to give specifically written clear affidavit or something?
Just trying to understand what are the future possibilities?
If a lawyer or Alnaz can explain

* United States

A Consent Judgment
On November 6th, 2010 Nagib (not verified) says:

The Consent Judgment as described by Hazar Imam could have happened 6 months ago, there is nothing in what the Imam said to the defendant that was not acceptable to them even 6 months ago. And whatever was not acceptable to SS and MM 6 months ago is still not acceptable to them today.

In the same manner, a 5 minutes meeting with the Imam could have happened any time in the last year or so. Maybe Imam had some reasons to "reward" the defendants with half hour instead.

The disagreement between SS
On November 5th, 2010 librarian-umed says:

The disagreement between SS and Hazar Imam seems to be only on the point of "infringement". SS want the Consent to say there was Infringement and the book should be banned and Hazar Imam says the people can keep the book so there is no infringement.

Once this disagreement will disappear, the case will be resolve. At this point, it really boils down to a dispute between SS and Hazar Imam, a dispute over which the defendants have no control.

@ librarian Umed:How will that resolve?
On November 6th, 2010 Alibhai Jiwani USA (not verified) says:

I understood the first point agreed in the meeting was that defendants agreed to copyright infringement and to stop publishing the book.Or was it only stated that Hazar Imam has copyrights?
So how do we relate keeping the book with no infringement ?
Is that a legal reference? That if someone is allowed to keep the copied material than the charge is automatically nullified? Is recall a must?
I am not a lawyer may be some lawyer can explain .
May be Alnaz may explain

* United States

No there was no copyright infringement.
On November 6th, 2010 librarian-umed says:

No there was no copyright infringement.

The agreement was that Imam has Copyright of the Farman, something that defendant have never denied.

Did Hazar Imam told you that
On November 4th, 2010 AZ (not verified) says:

Did Hazar Imam told you that he did not initiate this lawsuit?

* United States

Yes he contradicted all the
On November 4th, 2010 Nagib (not verified) says:

Yes he contradicted all the lies which are in the Statement of Claim and their other documents. The Imam confirmed that He knew that Alnaz was not part of anything to do with the publication, he confirmed there was no problem with the web site, he confirmed that he understood that Mehmani of 1992 and confirmed he gave the instructions to continue at that time as they were looking for competent people even for translating the Farmans into French, Farsi etc.. He confirmed that whoever had the Golden Edition could keep it. He also confirmed that there was no editing of the Farmans. So yes, he clearly said everything we were saying since the very beginning.

Nagib

@umed : On record is only part of the conversation.
On November 3rd, 2010 Alibhai Jiwani USA (not verified) says:

The guidance given to all 4 individuals was off record .
The court is only going to look at what is "on record."
All else will be heresay as far as I understand.

Although we understand Hazar Imam did not initiate the lawsuit ,he stll "showed up as the plaintiff."
He did not "on record" say
"I am not the plaintiff" Neither did he say "there is No forgery"
However he expreseed His 2 main wishes.
1. agree to the consent judgement
2.withdraw the allegations of forgery

So however much we all are convinced that Hazar Imam is not the real one to initiate the lawsuit and there was indeed forgery, He does not want the defendants to pursue the issue of criminality for reasons known to all.
So I still believe the defendants must just accept everything because that is what Imam wants.

* United States

Has the whole tape
On November 3rd, 2010 librarian-umed says:

Has the whole tape conveniently disappeared? Does the botched transcript of the first 5 minutes nullify whatever instructions the Imam gave to all present during the next 25 minutes?

Thank you Alnaz for sharing the informations
On November 2nd, 2010 rabya (not verified) says:

Thank you again, but what is the next step then. We don't hear from the leader who initiated this mess. Is he hiding or is he twisting everthing because he lost the case. Congrats to you and to Nagib again, as we say diraj ja phool are sweet. Anyway, we continue to pray for both of you and your families. I think there is more to come and for the moment, the case is not over.

* Canada

@Umed
On November 2nd, 2010 Yasmin (not verified) says:

Ya Ali Madad Umed. I am so happy that this "great site" will continue.

Nagib and Alnaz, please fulfil all the wishes of Our Beloved Hazar Imam. See how gracious He was to both of you. He loves His Murids. Shukar. Do not let any obstacles come your way, including people who want to attack you "verbally, Hazar Imam knows everything. May Allah shower His Blessings upon you and may Our Beloved Hazar Imam give you strength to overcome all the difficulties.

Umed, please post copy of letter sent to court by Alnaz, soon. May Allah shower His Blessings upon you and may Our Beloved Hazar Imam bless you with His Zaheri and Batuni Deedar. Keep up the excellent work you are doing. Thank you.

* Canada

IMAM SAYS LEADERS ARE NOT WORKING TOGETHER!
On November 1st, 2010 Bloglaw (not verified) says:

UNBELIEVABLE - Ismailies will be totally stunned. What does Imam mean when Imam says to Dr Sachedina in the presence of MM, Nagib and Alnaz “To SS Imam said, "it would be nice if we spoke with the same voice".

Mohammed Manji’s request and comments to Hazar Imam are totally inappropriate to say the least. “Just before the mulakat ended, MM says to MHI, Khudavind their web site is causing problems so It should be closed. MHI responds, "I am not familiar with the web issues so we can't deal with it", MM, "but Khudavind it is causing confusion in the Jamats because we have Ismail.org they have Ismaili.net and it is causing problems...". MHI cuts him off saying, "it would be nice if we spoke with one voice, why can't you work together?"

So Dr SS and MM have clearly not discussed this web issue with Hazar Imam before. Nor have they given a full report & recommendations to Hazar Imam of precisely how that website (& Web issues) are causing problems and confusion in the Jamat. BEFORE making such incomplete and incorrect comments or preparing a report they should have had meetings with Nagib, Alnaz other sites, to explain to them what are their concerns, problems and confusion and how they can all work together for the benefit of the JamaT and speak with one voice. Only after that and AFTER consultations with IIS, Scholars, AND LIF would they (Dr SS & MM) then make a report and recommendations for MHI to consider. Does MM/SS not know the protol of how the consultation and institutional process works and should be followed in seeking specific guidance of such magnitude? This is CLEARLY set out in Farmans, constitution, related rules policies and criteria documentation including related guidance from Hazar Imam specifically on them.

After the meeting Imam leaves on his own. Imam CLEARLY did not discuss with Dr SS, MM or Mr Gray what directions he was going to give in that meeting. If they knew they would not be disagreeing or discussion them with MHI. Imam did not consult or discuss with them in advance is for a very good reason. Imam’s speech on the same evening has many clues.

Dr SS and MM. I hope and pray that you will both NOW work together, speak with one voice and file the consent order as directed by Hazar Imam without any more delay. Thereafter INTERNALLY everyone will help in working together in accordance with the wishes of Hazar Imam. If you then wish I (or others) will be happy to assist the present institutional team leaders in preparing an objective comprehensive report research and recommendations on all Web issues of concern, working together with the help and support of the related websites, Nagib, Alnaz, institutional team leaders, and the Editors of this & Vancouverite sites etc. None of whom I know persoanlly. I am sure there are many who will also be happy to assist and support. It maybe this has been done or is in progress. I seem to recall in an earlier post or in the court documents was offered by Nagib.

* United Kingdom

@ Bloglaw re: above post of November 1st
On November 2nd, 2010 Abdullah (Canada) (not verified) says:

786
Ameen to your prayers in the last paragraph, brother Bloglaw.
As for your last line, in one of the cross examinations, if I recall correctly, it was confirmed by Mr. Sachedina (speaking about dissemination of information via the web) that Nagib's site was part of the solution (not part of the problem). How it suddenly became a problem is surprising...The domain ismaili.net has existed for over a decade...
Ya Aly madad.

* Canada

Keeping books!!!
On November 1st, 2010 Alnaz (not verified) says:

Although MHI had said in his first sentence that undistributed books to be given to ITREB, I asked MHI for permission to ask for clarification, he says "yes", so I ask, khudavind I am asking this for clarification, did I understand correctly that all those books that have been distributed and given away, they can be kept by the recipients and not returned", MHI responds, yes that is what I meant." SS at this moment intervenes, "we can make an announcement in the jamatkhanas for the books to be returned by all to tarika boards, if they wish...", MHI replied to him that, "it would be nice if we spoke with the same voice". Nagib asks, khudavind I have 200 books remaining in Kenya, can I give them to ITREB in Nairobi, MHI says, yes you can.

* Canada

@ Alnaz re: above post of Nov.1st (Keeping books)
On November 2nd, 2010 Kanize (Canada) (not verified) says:

786
Thanks a million for all these details, Alnaz ! It means so much!
And I hope that Itreb in Naïrobi can put the 200 books to use. Insh'Allah.
Ya Aly madad.

* Canada

Books To ITREB vs IIS?
On November 2nd, 2010 Alibhai Jiwani USA (not verified) says:

Didn't "The letters" say the unsold books must be returned to IIS?
Hazar Imam in person said to return to ITREB.
IIS is full of non Ismailis.
Why should farman books be returned to IIS?
This validates the letters were not written by Hazar Imam.

* United States

Good observation....
On November 2nd, 2010 Alnaz (not verified) says:

Not only the letters but also the announcement made in JKs also said to return the books to IIS. These and other such things did not make sense at all and that is why we had confidence that MHI was not the author of the information that was being forced on us.

I admire your and other murid's excellent analyses of the various issues arising in this case.

* Canada

LEADERS PLEASE HELP TO END THIS NOW
On November 2nd, 2010 Momin (not verified) says:

Leaders & LIF must now be proactive snd speak amongst themselves and together with Dr SS & MM consider and appoint 2-3 other objective leaders to specifically and as priority file the consent order as directed by Hazar Imam in collaboration with Nagib and Alnaz. Leaders please please help to end this NOW for all our sakes. thank you.

* United Arab Emirates

@ Momin
On November 3rd, 2010 An ordinary Murid (not verified) says:

There are few leaders of the caliber of Dr.SS – particularly like chairman of LIF. I feel he should try to resolve this issue. He is likely to be successful. and in that case, the whole Jamat would be grateful to him. Mr. chairman, would you please try at least once.

Which leaders are referring to????
On November 2nd, 2010 Alnaz (not verified) says:

Despite MHI's efforts (eg oath of office) to have EACH officer defend and protect the Constitution, these officers defend and protect each other.

Who are you referring to in your post. Obviously when ALL officers kiss their superiors feet (betraying their oath and the imam in the process) so does anyone know of ONE officer who is living by his oath of office.

I have been involved in these issues since 1987, and I have not come across ONE officer who even knew of his oath of office and who had read the constitution he swore to defend and protect.

All alwaezes and mukhis also have switched loyalties - no mukhi today represents the Imam, ALL represent ITREB, some also represent councils and IIS, and alwaezes also no longer dedicate themselves to Jamats interests but they also kiss itreb's feet.

Not one in my experience. Don't mistake hard work, long hours, running around sweating as representing the imam or defending the constitution.

Ismailis today do not say their Dua ad approved by Imams, don't listen to the Imam's farmans (they are fed manipulated farmans), they are led by officers who don't represent or do what the Imam wants.

Looking at our history, the state of today's jamat is same as the Jamats during (one example) Mawlana Jafer Sadiq's time who were then transferred to Musa Kazim's camp.

* Canada

Mohamed Manji argues against this site!!!
On November 1st, 2010 Alnaz (not verified) says:

Just before the mulakat ended, MM says to MHI, khudavind their web site is causing problems so It should be closed. MHI responds, "I am not familiar with the web issues so we can't deal with it", MM, "but khudavind it is causing confusion in the Jamats because we have Ismail.org they have Ismaili.net and it is causing problems...". MHI cuts him off saying, "it would be nice if we spoke with one voice, why can't you work together?"

* Canada

@ Alnaz re: above post of Nov.1st
On November 2nd, 2010 Kanize (Canada) (not verified) says:

786
Thank you for sharing this and other precious information with us, Alnaz, it means so much to us.
May you and Nagib continue to want to do His will at all cost. Ameen.
Ya Aly madad.

* Canada

Shukhar Mawla!
On November 2nd, 2010 Alibhai Jiwani (not verified) says:

I am happy this website will continue.
It is becoming somehow apparent to me that the lawsuit infact was initiated by the leaders and Hazar Imam really did not want to get involved but he obliged the leaders for the sake of peace in global jamat and maintaining the integrity of the institution he physically came to attempt an amicable solution but the leaders want to still hijack Mawla's grace and continue playing their own game?

You can reap the benefits of sweet fruits as much as you want of a fertile tree but it is not a good idea to even pull the roots of the same tree.You might end up losing the valuable and vital sustenance.

Leaders are playing with the fire.
Hazar Imam Is gracefully out of His infinite mercy complying with their demands and condition but it may not continue too long. They must remain warned.
When Imam's divinity will come into action ( Sudarshan Chakra of Krishna avtar) there will be no telling.
Alnaz and Nagib also must absolutely follow whatever they promised Mawla .They must remain very vigilant also and not fall in the hands of Shaitan by any pride or ego.
They must constantly reflect on each and every word that Mawla has uttered in the meeting
They must absolutely remain humble and act in perfect accordance with Hazar Imam's guidance.
Do not let your Ibadat Bandagi lapse , Which is your biggest strength and source of Noor for the right direction.
Looks like the story will continue.I hope for the better.

* United States

MOST SHOCKING REVELATION SO FAR !
On November 1st, 2010 Momin (not verified) says:

MOST AMAZING AND SHOCKING.REVELATION SO FAR. WHERE IS THE HUMILITY, THE LOVE AND UNCONDITIONAL THE ACCEPTANCE OF AUTHORITY OF HAZAR IMAM

I AM SURE EVERY ISMAILI MURID WOULD HAVE SAID AND EXPECT LEADERS TO SAY;

AMEEN KHUDAVAND, WHAT EVER IS YOUR WISH. WE WILL ALL WORK TOGETHER, AND WE WILL DO EXACTLY AS YOU HAVE DIRECTED. MAWLA PLEASE FORGIVE US AND WE ALL PLEDGE AND ASSURE YOU AGAIN THAT WE WILL DO OUR VERY BEST TO REMAIN UNITED IN SERVING YOU AND THE JAMAT SELFLESSLY AND PROACTIVELY. PLEASE FORGIVE ALL OUR SHORTCOMINGS AND BLESS US WITH THE WILL AND THE STRENGHT TO CARRY OUT OUR RESPONSIBILITES. AMEEN KHUDAVAND.

IF NOT DONE, THIS SHOULD HAVE BEEN SAID BY NAGIB AND ALNAZ

SS and MM in Imam's presence!!! On October 31st, 2010 Alnaz (not verified) says:
At the meeting both of these men refused to accept the Imam's words, and argued against the Imam's stated positions. To SS the Imam said, "it would be nice if we spoke with the same voice", and to MM the Imam said, "it would be nice if we spoke with one voice. Why can't you work together?"

.

* United Arab Emirates

Mulakat with Imam on Oct 15
On November 1st, 2010 Alnaz (not verified) says:

Mawlana Hazar Imam came in at 10:40 a.m. The Mulakat took place on 38th floor of Royal Bank Towers (the building with Golden glass on downtown Toronto) at the lawyers boardroom.

I sent a letter to the court today setting out in greater details of what happened at the Mulakat. I will send a copy to this site and I trust that Umed can post it for all to read, and all will know what MHI spoke about. As you all know only one sentence spoken by MHI is on the record, and about 20 minutes of information was given by MHI, He was very gracious with us, I was very nervous and just did not know what to expect at the Mulakat, but with so many Murids praying for us, MHI was so gracious with us, looked at us with so much affection, affection I do not feel worthy of and am ever so grateful and offer my Shukr.

One thing I did not mention in that is that as MHI was preparing to leave the room, I presented a box of chocolates to MHI as Mehmani, “Khudawind, we would like to present this Mehmani on behalf of all those who have supported the book and their family" and Hazar Imam made a gesture of blessing toward the box lying on the table and said “I accept.”

I raised the box to give to him and Hazar Imam leaned toward the box and said, it’s not appropriate for me to take it from you in the law office, but I accept it, if you give it to me outside I will take it from you, but i accept it. Then he smiled, put his hand on his heart and said “Khuda Hafiz” once looking to Nagib, once again "Khuda Hafiz" looking at me. Of course I did not follow the Imam outside but took the box and placed it as Mehmani in JK.

He spoke of His Farmans, Farmans of previous Imams, Ginans, Mehmani of 1992, Dais ('when Farmans are changed, Da'is have got hurt'), and said He annotates His Farmans and that Farmans cannot be changed.

All we can say is Shukr.

* Canada

@Alnaz:Mubarak! Mubarak to Alnaz and Nagib.
On November 2nd, 2010 Alibhai Jiwani USA (not verified) says:

Thank you so very much for sharing your moments of Hazar Imam's grace.Alnaz, pehaps before you might have been angry for getting drawn in to this lawsuit but buddy I think it was a miracle that for no reason you got dragged in.
What does "Annotates his farman " mean?

* United States

Angry !!!!
On November 2nd, 2010 Alnaz (not verified) says:

Frankly, I was never angry at being sued, as I was certain all along that MHI was not behind the litigation. I have been involved with the leaders since 1977, and specially active with them after 1987, and KNOW how manipulative they are, and how they ignore the Imam's directions. MM and I had a go at the very issue in 1987 and I KNOW that even then he was not at all concerned with following the Imam's directions.

So I was not at all surprised that he argued against the Imam's stated position. The question I pose: IF they can argue against the Imam in the Imam's face, what are not capable of doing behind His back.

MHI has asked us to seek accountability, answerability and competence. It is all of our duties to become active and seek answers from them.

So my question really is, many murids make comments here and elsewhere, but have these murids sought answers directly from them in accordance with the Imam's Farmans? For those who have done so, mubarakis to them, if not, why not, I ask.

* Canada

@ Alnaz re: above post of Nov. 2nd ("Angry!!!")
On November 2nd, 2010 Abdullah (Canada) (not verified) says:

786
First of all, Mubaraki to you, brother Alnaz, and thank you for sharing with us. And I cannot agree more with your last paragraph! It is because of the laxism and the silence of the jamat that such terrible things as this lawsuit can happen, and even more terrible, we give our consent to those things by remaining silent...
I hope your message will awaken those of us who are not awake yet.
Ya Aly madad.

* Canada

Annotates
On November 2nd, 2010 Alnaz (not verified) says:

Some definitions are as follows: a critical or explanatory note or body of notes added to a text. a note added in explanation, etc, esp of some literary work.

My understanding is this. Take the example of the comments made by the Imam at London's GJ Farman re: leaders. He did not say what and why the comments were made except to give that message. Annotate would mean that He makes notes on why he said that, perhaps also whom He said to, etc. so as the future (or even the present) generation can understand why something was said.

It is the act of adding commentary to the Farmans as an explanation, background, etc. He said that it could be produced if we wanted. I am so exited and am waiting to humbly ask for these annotated Farmans as it would help us understand His Farmans.

* Canada

Clarification
On October 31st, 2010 Alnaz (not verified) says:

A week or so before a meeting, a post was posted in my name which referred to me in third person, and a reader had replied that it was sheer manipulation, because it appeared in my name and it appeared as I am writing 'Alnaz this and Alnaz that. I never responded to that as I became very busy.

Normally I dont read these comments, other than occasionally, however my law clerk reads them most of the time. Often she would get upset at comments which appeared to her as misinterpretation or misunderstanding of the facts, that day she decided to post a response, typed up the post in her word processing and asked me to post it, and by mistake I wrote my name as the writer instead of hers.

Sorry to post the clarification weeks after.

Alnaz

* Canada

PROPAGANDA OR DIS-INFORMATION VS DIFFERENCES OF OPINION OR DISTO
On October 30th, 2010 Bloglaw (not verified) says:

Response by Bloglaw

Mr Shivji, You say do not understand why our Institution (Leaders) did not act earlier against the defendants. You refer to them as a splinter group ? With respect why and on precisely what facts and information/misinformation do you conclude that they are a splinter group ? You know from reading the lawsuit what happened in the last 20 years including meetings and that Nagib by agreement with the leaders in question spent 2 days at IIS ? Earlier you said you could not get a copy of the constitution and have not read the last constitution. Also you accept access to Farmans is limited and you cannot get access to all Farman’s in JK’s or at ITREB offices.

Conclusions and opinions will invariably be inaccurate & incomplete when based on incomplete or inaccurate information or knowledge.

In the lawsuit it is stated that Farmans are available in all JK’s. You are now questioning leaders by asking a series of questions using this forum. We must also ask what have we done regarding some of the issues we were aware of?. You are also understandably giving your take on issues highlighted by the lawsuit. Your views and conclusions are based on your understanding & your interpretation of information or interpretations of others.

We do not know precisely what transpired in the 30 minute meeting so far (FACT). We know a part of what transpired from the Heritage site according to them. We also know a part from the Vancouveritte site regarding a demand for accounting & number of books (according to them). The fact is we do not know all or all the correct facts. We are all relying on limited information & knowledge. Leaders have not shared historically and have not in this case. Defendants have shared more and hopefully will share what are the precise differences between their understanding and that of Mr Gray/Dr SS and MM. Maybe there are compelling reasons for this.

I now come to the question by Ali on malicious propaganda and your response about the human mind and its ability to twist information and facts. I would add that information is also used for spin, and to drive, causes, products, services, and agendas motivated by self interest.

Journalists and reporters, reporting news, has been revolutionized and changed forever. What does Hazar Imam say about this. I would recommend that you also listen to the interview after this speech on 15th October, and the workshop of the solutions.

" ..the way we communicate with one another has been revolutionized. But more communication has not meant more cooperation. More information has also meant more mis-information – more superficial snapshots, more shards of stray information taken out of context. And it has also meant more willful dis-information – not only differences of opinion, but distortions of fact. A wide-open internet allows divisive information to travel as far and as fast as reliable information. There are virtually no barriers to entry – and anyone, responsible or irresponsible – can play the game. New digital technologies mean more access, but they also mean less accountability.

The advent of the internet and the omnipresence of mobile telephony seem to promise so much! But so, once, did television and radio – and the telegraph before that – and, even earlier, the invention of the printing press. Yet each of these breakthroughs, while connecting so many, was also used to widen cultural gulfs.

Technologies, after all, are merely instruments – they can be used for good or ill. How we use them will depend – in every age and in every culture – not on what sits on our desktops, but on what is in our heads – and in our hearts.”

I hope we will know the facts which Editor of Vancouveritte expects to get in a few days which will also hopefully clarify

1 Precisely what transpired and what was agreed in the 30 minute meeting

2 What is the precise difference and misunderstanding between what Alnaz/Nagib are saying/signed, and what Mr Gray/Dr SS/MM are saying (which they will have presented to MHI for guidance and approval)

3 Reason for the delay in implementing directions given by MHI (over 2 weeks so far

* United Kingdom

Mowla's objective through the book
On October 30th, 2010 Farmanbardari (not verified) says:

You are right Bloglaw, there is the spirit of the seva that Nagib and Alnaz rendered to the ismaili Jamat and the Imam and there is the letter or the law of SS who is offuscated that this should have done by him and his team.

I think Mowla is interested in results and sincerity. Are our youth living their lives according to the full knowledge of what Mowla said in His Farmans.

The first step has been done by Nagib and Alnaz. Together, as Mowla said , they should continue in this lofty and exciting path of being by the side of the Imam, sharing His message and Farmans to build a vibrant community for generations to come. This was the work of Pir Shams, ..etc. And Mowla was by them and always close to them in this work.

Some people benefit from physical proximity with the Imam, some have His "Companionship on High", even in this world.

Mowlana Sultan Mohammed Shah said in His Memoirs:

"Everyone should strive his best to see that this spark be not extinguished but rather developed to that full "Companionship-on-High" which was the vision expressed in the last words of the Prophet on his deathbed, the vision of that blessed state which he saw clearly awaiting him. "

* Canada

WHAT'S THE "BEHD"?
On October 29th, 2010 ABDUL (not verified) says:

In the spirit of pluralism, here is one way to understand the events of the past few months

1. Being Akle-qul, the Imam is always all-knowing.

2. Despite being aware of the confusion in the minds of Tajdin and Jiwa about the Mehmani, the Imam did not grant them a short personal meeting, choosing instead to leave controversy as to the authorship of the lawsuit. What was the “Bedh- the hidden Reason? Only Mowla knows. But since we have also been given an aql, it is our duty to seek out the answers. (all religions are a path through the confusion). Many people claim that the Lord of the Universe created this lawsuit so that ordinary Ismailis could learn to question. In other words, it got them THINKING. It was the deliberate intention of Mowla to get the community to wake up and take responsibility for its own affairs. Such people say that this explanation is the only one in line with our Ismaili belief about the Imam and His divinity.

* Seychelles

I think the case will continue.
On October 31st, 2010 Alibhai Jiwani (not verified) says:

eji utar kha(n)dd maa(n)he shaah nee jot jaagevaa,
shaah naa purakh meele parketaa ho jirebhaai..................1

O momins: When the Lord's light shines in the North continent,
then complete recognition(and understanding) of the Lord is
attained. O dear brother

I think plenty more revelations and facts are going to happen.
This is just the very very beginning leading to Zahurat or something like that.

Hazar Imam actually may be did not plan on concluding it but to guide his 2 momins he appeared.
Otherwise how could case still not have concluded?
What is the existence of the will of these 2 murids ( Like "2 ablas" without even their lawyers?) in front of "Mawla's will?"
The omniscient and omnipotent , The Lord.

He had to come and say just one sentence" There IS NO forgery .I am the plaintiff period."
Nagib and Alnaz had no other choice but to agree to everything put forward by lawyers and leaders.
There was no need for him to urge these defendants to withdraw allegations of forgery.
.
If he was angry with these 2 crazy guys why would he give guidance for 25 minutes and give smiles?
He knows to walk away ignoring them wholesale!!
I have seen him doing it to even so called "important leaders".
Only He knows the "Bhed"

Just a momin's speculation!
Real things will be more clear after the defendants and leaders reveal exactly what transpired in the meeting
Hope fully we will have some anouncement by Chandrat.

* United States

@ Abdul re: above post (Oct. 29)
On October 30th, 2010 Kanize (Canada) (not verified) says:

786
Could you possibly explain what you mean by the words "...the confusion about the Mehmani..." in your sentence "Despite being aware of the confusion in the minds of Tajdin and Jiwa about the Mehmani..." ? What were they confused about and how ? I would be most grateful to you indeed if you could explain so that I am not confused. Sorry for the pun...
Thank you in advance.
Ya Aly madad.

* Canada

Behd
On October 30th, 2010 Farmanbardari (not verified) says:

Ya Ali brother Abdul,

I think for so many years, in the mind of Nagib and Alnaz, there is pure clarity, vision and willingness as fidais to carry out one of the most important work in our ismaili Tariqa: to convey to the Jamat the word of the Imam and to preserve them for our future generations. They believed that, as our grandfathers did, that if Mowla says it is night, and our eyes see it is day, Mowla's word is the truth.

And they were willing to do so with the best of their ability, with authenticity, with love and devotion. It is so obvious through their affidavits.

On the contrary, on the other side, there is no willingness to discuss, they hide behind their lawyer and their position of power. They did everything to prevent Nagib and Alnaz not to meet Mowla, in my opinion something was fishy there.. There should have been mediation right from the start and this thing dragged for too long. They should look at the benefit of the Jamat and not that they might loose control and face. They should be happy that someone in the Jamat takes on himself to do such sewa. They should find ways to talk to each other, to find common grounds, that's what our Imam has always taught us to conduct ourselves.

You are right, He has given Aql and therefore freedom to do right or wrong.

Mowlana Hazar Imam said to the Agakhan Foundation in 1992:

"This is a time of new freedoms, but it is also one in which new choices must be made wisely. In exercising freedom and making choices, our institutions must be guided, as they have been in the past by the teachings of Prophet Muhammad (Peace of Allah be upon Him) and the tradition of our Tariqah, which is the tradition of Hazrat Ali: a thinking Islam and spiritual Islam: an Islam that teaches compassion, tolerance and the dignity of man, Allah’s noblest creation."

* Canada

GOOD INTELLIGENCE & definition of FARMAN BY IMAM
On October 29th, 2010 Bloglaw (not verified) says:

News Editor Vancouveritte October 28, 2010 - We are picking up some very good intelligence. We are hearing that there is a hold-up about accounting for some of the books. We are also told that the defendants are not very happy looking people and they are complaining about some of the accounting being demanded. So what we think is going to happen is that costs are being worked out and that may determine how much they will be asked to pay in punitive or exemplary damages. What may also happen is a demand for exact number of books and where they went. I hope this helps explain why there appears to be a slight delay PanjeBhai.

REPLY BY BLOGLAW - 29 October 2010

Thank you for sharing. There should be no reason or delay in the defendants accounting for some of the books. If this is the only issue remaining then it seems this case will be settled soon. Or do you mean Mr Gray, Dr Sachedina and M Manji are demanding a financial accounting of books ? I wonder why it has taken 2 weeks. Do you know how many books? and what accounting is being demanded and if that was a part of the directions from the MHI in the 30 minute meeting. Thanks again.

I hope the consent order is filed urgently by the Defendants with Mr Gray and Dr Sachedina and M Manji. Any remaining issues can be resolved internally.

I hope ALL Murids and Leaders will agree that there has been and can be some internal and external confusion inconsistency or misunderstanding in the context of the our constitution, the lawsuit, Farmans, and copyright.

Why are for example different definitions of Farman (and Talika) in the lawsuit, in the Press, in IIS and by Leaders when questioned? Imam has defined it clearly in the constitution. IIS states a Farman is “……In the Shi‘i Ismaili context, IT REFERS to an address by the Imam to his community.” I do not know if the constitution has been ever read with Farmans as directed in the constitution? I hope such inconsistencies will be addressed by the leadership who are aware.

Relevant quotes from the constitution & IIS (emphasis supplied in capitals).

"Farman" ANY PRONOUNCEMENT, DIRECTION, ORDER OR RULING MADE OR GIVEN by Mawlana Hazar Imam.

1.1 Mawlana Hazar Imam has inherent right and absolute and unfettered power and authority OVER AND IN RESPECT OF ALL RELIGIOUS AND JAMATI MATTERS OF THE ISMAILIS.

2.6 This Constitution SHALL BE READ WITH ANY FARMAN made after the date hereof, and in the event of conflict, the said Farman shall prevail over this Constitution, and A LATER FARMAN SHALL PREVAIL OVER AN EARLIER.

3.2 This Constitution shall apply to Ismailis worldwide, SUBJECT ONLY TO THE OVERRIDING EFFECT OF ANY APPLICABLE LAWS OF THE LAND of abode of any Ismaili TO THE EXTENT OF ANY INCONSISTENCY.

Full text of IIS definition of Farman :”From Persian lit. command, authority, will, permission. At the time of the Ottomans, the word ‘farman’ was used in Ottoman Turkish to denote any order of the Ottoman Sultans. In the 15th century CE, the word was first used in its strict sense of a written document. Typically, such documents would open with an invocation to God and were addressed to a governmental official in the capital cities or in the provinces as well as to dependent/client rulers. In the Shi‘i Ismaili context, it refers to an address by the Imam to his community”

* United Kingdom

WE SHOULD ALL IN HUMBLENESS AND HUMILITY ASK OURSELVES WHAT WE W
On October 28th, 2010 Nizar Ali K. Shivji (not verified) says:

YA-ALI-MADAT, LIBRARIAN UMED! The way it appears, all contributors expressed their thoughts and comments in their selective websites. These websites accepted the thoughts and comments in manner it felt suitable to them! Obviously, the court case divided the commentators into two camps – FOR AND AGAINST. Those who felt that they should be heard in however in any interpretation made their views very explicit and blunt. In interim, though no body meant to hurt anyone, the harm was done! It was not done to the individuals but to the Ismaili Muslim Community and the Ismaili Muslim Imamat!

The criticism and appreciation came from both the camps because everybody wanted to be winners and be heard! It was not a championship, competition, and rivalry! It was the interpretation and understanding! This dragged the human failings to expose emotion, sentiment, and fervour passion. These have continued for many months but we all are still waiting for an outcome or an end! This court case will take it natural course to bring about an end. Then what?? Will it bring reconciliation? Will it bring the Ismaili Muslim Community together? Will it create the division in Ismaili Muslim Community?

Our bayat (allegiance) to Noor Mawlana Shah Karim Al-Husseini Hazar Imam is tested to an extent that many interpretations came about our material and spiritual life. It did become a vicious circle! Never-ending! In my humble opinion our Imam was subjected to pain and hurt but He did not make it known to any body! Consequently, no matter for which camp we expressed our comments and thoughts, we should all in humbleness and humility ask ourselves what we want? With my good prayers for the Jamat; Allah Hafez, Nizar Ali K. Shivji!

IMAM IS HAPPY WHEN WE ARE HAPPY
On October 28th, 2010 Murad (not verified) says:

You are right. I believe everyone knows what Hazar Imans wants us all to do. imam gave us an unprecedented opportunity to discuss amongst ourselves all the issues highlighted in this lawsuit. Imam instead of one minute gave directions for 30 minutes to the leaders and defendants to settle the lawsuit. I pray everyone in everything we are doing will do everything bearing in mind the Farmans and pronouncements of Hazar Imam Ameen.

* United Arab Emirates

Patience Sabr
On October 28th, 2010 zak (not verified) says:

Allow me to pray that Almighty Allah grant us all Patience and Sabr, while we await the judgement in this Legal case.
Speculating , opinionating , slandering , accusing , name calling ..etc etc is a form of NINDA and harmful to us all.
WE .and I do mean we must all TRUST our beloved Mowla , Imam-e-Zaman and must pray for BEST outcome for all. Ameen

* Canada

réponse à M Nato
On October 27th, 2010 rabya (not verified) says:

Encore une fois, vos commentaires sont pertinents et très intéressants. Je ne les traduirais pas en anglais car je pense que la traduction ne va pas vraiment réfléter ce que vous dites. En effet, que nous réserve l'avenir avec tout ce dénouement. Est ce que l'attitude des leaders va changer envers le Jamat. What about the futur, will the leaders change their behavior towards the Jamat? What's going to happen now, we have no news at all about the consent. Knowing SS, I am sure he is trying to add things he wants to be signed and probably try to change completely what Mowla said. The most important thing is the book, we have His Farmans, shukar, those who bought the book are very lucky because it's a gem, and Sultan Mohammed Shad said, those who understand know that they have moti (pearl) when I do a Farman. So please keep it, read it, understand what Mowla says to us. It's the straight path.
I hope that Tariqa will make the Farmans available now to the jamats, instead of keeping them hidden. Why our council, leaders and tariqa are so protective about the farmans, why the access is forbidden, how our youngsters can benefit of Mowla's guidance if they don't have access to them,it's been like that for years and years, I hope that things will change now. We are not creasy people, we will not give to non-ismailis. During Golden Jubilee, we did not hear the farman made in French to Madagascar because other communities knew what Mowla talked about. What nonsense. In 2003, same thing SS thought that the Farmans were not politically correct, so we have never heard about Madagascar's Farman, but thanks to the defendants, we got them. I hope that the institutions will be more flexible and will listen to the jamat and will be near the jamat not out of the world like they are now.

* Canada

What does consent judgement mean
On October 27th, 2010 knowledge (not verified) says:

Does it mean that once all the parties agree to it the court will decide whether only Mowlana Hazar Imam has to copyright o the Farmans. And if this happens wouldn't it be extremely difficult to get hold of any farmans. The policing by ITREB is as it is so tight so I wonder what's going to happen if the court decides that only MHI has the copyright to it.

I think all those who have got Farmans at home should hold on tight to their books as we never know what the judge is going to decide.

* United Kingdom

copyright
On October 27th, 2010 Farmanbardari (not verified) says:

In my logic, a copyright would be to reinforce that someone does not make a business out of a product unless he pays some royalties or fees associated with. Examples that come to my mind are songs, movies ..etc.

Nobody is going to come to your home to check your personnal life.

Moreover, time and again Mowla tells us to read, listen, discuss His Farmans, even with our grandchildren! I am sure He expects us to have them on hand with us to do so.......

And I believe that He said that we should keep the copy or copies of Golden KIZ that we have at home. How divine and generous! He has dedicated His life to guide us and He is doing it through His Farmans and other things.

Mowla said in Usul-eDin:

"Do not think that I make Farmans for no reason. Read, listen to and think upon My Farmans..
I have made many Farmans to you, but they will only do you good if you act according to them. If you put My Farmans into practice, then I shall consider that I have made Farmans until morning."

Thank you Mowla for all those beautiful Farmans!!!!!!!

* Canada

No the Court will only
On October 27th, 2010 librarian-umed says:

No the Court will only confirm what the parties have agreed upon. This is why it is called Consent Judgment.

HAS DRAFT CONSENT BEEN PLACED BEFORE IMAM E ZAMAN?
On October 27th, 2010 Momin (not verified) says:

After the meeting on 15th October 2010, did Mr Gray, Dr SS and MM sat down together with Alnaz and Nagib to discuss and agree a joint consent order. I wonder what happened and what was discussed after Imam e Zaman left the meeting, or did they all leave the meeting together. 2 weeks have gone by and a joint consent is not filed. It seems Alnaz and or Nagib have signed and sent their draft to Mr Gray, who will have passed it to Dr SS/MM and or Hazar Imam with comments for approval and instructions.

Globally directions from especially THE Top Leader are followed and implimented AS A PRIORITY by leaders down the line . Maybe this has been done in this case and Mr Gray is waiting for approval or instructions from Imam e Zaman.

* United Arab Emirates

Golden Jubilee Farmans Madagascar
On October 26th, 2010 Farmanbardari (not verified) says:

All Golden Jubilee Farmans are available in Jamatkhana in 7 languages: English, French, Gujrati, Urdu (Hindi), Farsi, Portuguese and Arabic. But I wonder why only the Madagascar one is missing. SS doen't like the Jamat of Madagascar? Or is it again because he thinks "Mowla thinks in French and talks in English" therefore He makes mistakes?

When one reads Farmans recently made in Madagascar (Thanks to Golden Kiz!), we can see that Mowla has a great vision for the future of Madagascar!

* Canada

@all
On October 26th, 2010 nato mohez (not verified) says:

Les leçons de ce « lawsuit »

Maintenant que les tensions se sont apaisées, que tous, les uns et les autres, frères et sœurs malgré nos différentes appréciations sur le sujet, nous sommes tous convaincus et pouvons même clamer très fort que Mowla Bapa, dans Sa grande Miséricorde et Clémence, en tant que Guide Spirituel de tous Ses Murids a agi avec tendresse, fermeté et amour. Et Son Geste relève pour moi d’inspiration divine !
C’est un soulagement, un réconfort moral et intellectuel de voir la fin de ce procédure judiciaire ! Il nous faut cependant tirer quelques enseignements positifs. Il est temps, sans parler vraiment du « temps des ruptures » que le Leadership révise sérieusement sa façon de communiquer avec le Jamat et prenne en considération toutes les sensibilités, les besoins et les exigences du Jamat, les aspirations , surtout des jeunes générations à travers le monde ! La méritocratie, la diversité, le pluralisme, la tolérance que Mowla Bapa prône de tous Ses vœux sont des concepts que le Leadership doit s’approprier en urgence ! L’exemple doit venir du leadership pour que le Jamat mette réellement leur confiance sur ce Leadership, que les jeunes générations soient à l’écoute ! C’est seulement ainsi qu’une dynamique intergénérationnelle va se créer et que les projets, les aspirations, les Hidayats de Mowlana Hazar Imam seront concrétisés ! Il est temps d’arrêter les « jeux politiques », les » chaises musicales », le monopole des postes par « esprit de clans », les « corporate leaders », effectivement « no bureaucracy, no greed, no bashing,no bad words.. ; »
A l’ère de l’internet, beaucoup de choses ne sont plus comme avant ! La preuve, la densité, le nombre, le foisonnement des débats, idées, questionnements des internautes que Heritage Site Web a intelligemment dirigés ! Bravo et mille mercis pour ce courage. Continuez ce magnifique travail sans être tenté de débordements. Félicitations à Umed !

Le leadership n’a pas le monopole de notre Foi ! Nous sommes tous liés, un lien indéfectible et eternel par le Bhayat à notre Imam du Temps Présent ! Le Leadership n’a pas à porter de jugements hâtifs et infondés sur les uns et les autres. Souvent, ils procèdent par mesquinerie, hypocrisie envers ceux qui émettent des avis contraires à eux, même constructifs sont rejetés, oubliés et considérés comme des anti-conseils, anti Hazar Imam ! Ils n’hésitent pas à discréditer ces nombreuses bonnes volontés dans le Jamat, allant jusqu’à dire qu’il ne faut pas côtoyer, ni se lier d’amitié avec un tel si vous souhaitez un poste dans les Institutions !!! Eh oui, c’est du vécu dans nos juridictions en France !

Notre Foi est d’essence ésotérique, la quête spirituelle et individuelle ! Aussi, « we are not to judje anyone’s faith ». Mowla Bapa ne nous pas dit à Londres en 1994 « qu’il ne faut se lever malheureux du Bandgi….et que « ceux qui réussissent dans cette voie sont particulièrement proches de Moi ! »…. Alors le Leadership, allez chercher l’inspiration spirituelle de vos comportements d’abord avec l’Imam lui-même, qui a mis toute Sa confiance sur vous et avec votre Jamat qui ne demande qu’à vous écouter, à vous suivre. Mais cessez de croire que par ce que vous faites partie du Leadership que vous vous octroyez des droits et des jugements sur les Murids et les condamner sans appel car ils ne sont pas d’accord avec votre façon de faire !
Cette forme de rupture est urgente ! L’élite intellectuelle ismailie, très motivée par une éthique de Foi proclamée par Mowlana Hazar Imam vous sera très reconnaissante !

Il nous faut distinguer la pratique individuelle de notre Foi et nos engagements dans le Jamat, dans notre vie de tous les jours, dans la famille, le pays où nous vivons, dans nos relations professionnelles, dans nos actions humanitaires. Mowla Bapa nous a dit d’être les ambassadeurs de l’Islam dans nos choix de vie, honnête, compatissant, généreux et tolérant ! Je vous assure que les Farmans de 1994 à Londres m’ont vraiment interpellés ! Cette recherche d’une foi de conviction que Mowla nous convie à découvrir, à vivre ! pas de superficialité, de convenances sociales dans cette quête, dans cette Rencontre avec lui…. Ce fut très réconfortant, et c’est ainsi que j’ai échappé en quelque sorte à l’emprise mesquine des dirigeants et ne pas avoir donné d’importance aux jeux « politiques », hypocrites des dirigeants de notre Institution.
Il nous faut toujours se référer aux Farmans de Mowla, les lire aisément, les avoir chez soi, être présent aux rendez vous qu’Il nous accorde et agir selon Ses vœux et Ses Hidayats que l’on peut redécouvrir, comprendre durant cette quête individuelle !

Durant les différents Darbars du Golden Jubilee, Mowla Bapa nous a tracé notre feuille de route, Ses vœux, Ses aspirations sur la grande famille Ismailie unie, solidaire (TKN), l’éradication de la grande pauvreté et œuvrer pour la dignité des Seniors. Ces projets doivent se concrétiser et le Leadership doit plutôt s’atteler à cet immense travail que de perdre son temps à discréditer les bonnes volontés, les compétences de la société civile ismailie telles que celles de Tazdin et Alnaj ! Et je suis sûr qu’il y a à travers le monde globalisé de notre communauté un immense réservoir des spécialistes des différents domaines qui ne demandent qu’à servir et qui sont persuadés de la « divine guidance » de notre Véneré Hazar Imam !
C’est mon vœu le plus sincère que cette douloureuse épisode de « lawsuit » serve à nous réunir autour des Vœux de Mowla Bapa, que le « statuquo » des comportements et des agissements des leaders n’est pas souhaitable et que chacun prenne ses responsabilités et ne jamais oublier que nous sommes tous des frères et sœurs quelque soient nos divergences de point de vue et que le pardon grandit toujours celui ou celle qui le pratique ! Notre engagement doit être franc, loyal, désintéressé et soutenu par notre capacité d’écoute et de compréhension des Directives de Mowla Bapa !
Ya ali Madat et Khoda Hafiz,
Mohez nato
Ps j’autorise les compétences des internautes pour traduire mon texte en anglais. Et merci d’avance !

* France

English translation of post by Nato from France(Google translato
On October 30th, 2010 Alibhai Jiwani (not verified) says:

French to English translation
@all
On October 26th, 2010 nato mohez (not verified) says:

Now that tensions have eased, that all, each other, brothers and sisters despite our different assessments on the subject, we all believe and may even proclaim that hard Mowla Bapa, in His great mercy and clemency in As Spiritual Guide to all His Muridae acted with tenderness, firmness and love. And His gesture is for me to divine inspiration!
It is a relief, moral and intellectual comfort to see the end of the proceedings! However, we must draw some positive lessons. It is time, not to mention really of "time outs" that the leadership seriously review how it communicates with the Jamaat and consider all the sensitivities, needs and requirements of the Jamat, aspirations, especially young generations through world! Meritocracy, diversity, pluralism, tolerance Mowla Bapa that advocates of all His wishes are concepts that leadership must take ownership of emergency! The example must come from leadership so that the Jamat really put their trust in this leadership, the younger generation are listening! Only in this way that will create intergenerational dynamics and projects, aspirations, Mowlana Hazar Imam Hidayat to be realized! It is time to stop "playing politics", the "musical chairs", the monopoly positions by "spirit of the clans", the "corporate leaders" actually "No bureaucracy, no greed, no bashing, no bad words. . ; "
In the era of the Internet, many things are not like before! Proof, the density, the number, the proliferation of debates, ideas, questions from users that Heritage Site has cleverly headed! Congratulations and many thanks for the courage. Keep up the great work without being tempted to excesses. Umed Congratulations!

The leadership has not the monopoly of our Faith! We are all connected, an unbreakable and eternal Bhayat by our Imam of the Present Time! Leadership does not have to be hasty and unfounded judgments about each other. They often proceed by pettiness, hypocrisy to those who issue opinions contrary to them, even constructive are rejected, forgotten and regarded as anti-tips, anti Hazar Imam! They are quick to discredit the many good wishes in the Jamaat, up to say that we should not rub or make friends with so if you want a position in the institutions! Yes, it's lived in our courts in France!

Our Faith is essentially esoteric, spiritual quest and personal! Also, "we are not to anyone's faith judje. Mowla Bapa does not say in London in 1994 that "one must get up the unfortunate Bandgasse .... And that" those who succeed in this way are particularly close to me! ".... Leadership then, get the spiritual inspiration of your behavior first with the Imam himself, who has put all his trust on you and your Jamat just waiting to hear from you, following you. But cease to believe in what you're part of Leadership that you grant rights and judgments about the Muridae and condemn without appeal because they do not agree with your approach!
This form of failure is urgent! The Ismaili intellectual elite, highly motivated by an ethic of faith proclaimed by Mowlana Hazar Imam will be very grateful!

We must distinguish the individual practice of our faith and our commitment to the Jamaat in our lives every day in the family, the country we live in our relations, our humanitarian actions. Mowla Bapa told us to be ambassadors of Islam in our life choices, honest, compassionate, generous and tolerant! I assure you that the 1994 London Farmans really challenged me! This search for faith belief that Mowla invites us to discover, live! no superficiality of social conventions in this quest, in this encounter with him .... It was very comforting, and so I somehow escaped the clutches of the petty officers and failing to give weight to play "political" hypocritical leaders of our institution.
We must always refer to Farman Mowla, easily read, have them at home, attend appointments and he allows us to act according to their wishes and Hidayat we can rediscover this quest for understanding individual !

During the Golden Jubilee Darbar different, Mowla Bapa we plotted our roadmap, His wishes, aspirations on his Ismaili family united and cohesive (TKN), eradication of extreme poverty and work for the dignity of the Elderly. These projects must be implemented and Leadership must instead focus on this huge job to waste time discrediting goodwill, the skills of civil society such as those of Ismaili Tazdin and Alnaj! And I'm sure there's globalized world through our community a huge reservoir of specialists from different fields who are eager to serve and who are convinced of the "divine guidance" of our revered Hazar Imam!
It is my sincere hope that this painful episode of "lawsuit" used to get together around Wishes Mowla Bapa, the "status quo" attitudes and actions of leaders is undesirable and that everyone takes responsibility and never forget that we are all brothers and sisters, whatever our differences in viewpoint and that forgiveness is ever growing one who practices it! Our commitment must be honest, loyal, selfless and sustained by our ability to listen and understand the guidelines of Mowla Bapa!
Ya ali Madat and Khoda Hafiz,
Mohez nato
Ps I authorize Internet skills to translate my English text. And thank you in advance!

* United States

@Alibhai Jiwani and rabya, Kanize, Farmanbardari
On October 31st, 2010 nato mohez (not verified) says:

Ya Ali Madat,
Many thanks and my sincere gratitude to Jiwani Alibhai. You succeed to give an english version of my post. It is really a vast program to succeed for telling to the Leadership to change some o their attitudes and behaviors! It is not easy! when the nomination arrived, they stay in a "bull", far from jamat... and not ready to listen to, specially youngests and intellectuals! Here, in my juridiction, after the Padhamri of 1980, first time in France, we have the chance to do this Padhamri, and to make happy Mowlana Hazar Imam by showing Him that people,french speaking, young people , specialy coming from Madagascar, settled here after the bad political situation in 1970-1972 are capable to organise good things! Mowla Bapa was very, very happy, told us that we are "priviligied" people, and a big, sincere hope was born , many opportunities after this Mulaquat were visible in the jamat, many young people very motivated! Unfortunatly, after this, started the"political", the spirit of "clans" and in summary, 7 families occupied all different positions, searching positions for their family members, brother, sister, cousin, cousine, uncle, aunty..;and clearly, these 7 families have each 7 seven members of their family and until now, these 49 people are in positions .....they control every thing, do not accept meritocratie, competence, ignore tolerance, diversity, pluralisme....and they have big facility to treat you anti-council, anti-Hazar Imam.....And it is really true that during the last nomination, Mowla Bapa told to new president of council"take a white paper and write a new history of the jamat"..;because it is a big "echec" of the institution who must take care of jamat!
I am very sorry, it is not by jealousy and amertune that I wrote this text but in my mind, we loose many things and Mowla is waiting for our all implications , specially in Madagascar where there are big challenges and many brothers and sisters are in bad situation!
Merci beaucoup Rabya, Kanize, Farmanbardari pour vos gentils mots! je ne suis qu'un simple Murid, qui a compris que la Foi est une question intime, personnelle, et que cette quête personnelle conduit à affermir la confiance en Mon Mowla ! Il voit tout, entend tout, comprend tout! Ce n'est pas le leadeship qui va réussir à rompre le lien qui nous unit à Mowla Bapa!
Bonne chance et que Mowla nous garde tous sur la voie droite du Siratal-Mustaquim!
Ya ali Madat mohez nato

* France

Above post of Nato Mohez (Oct. 26) (+ gist in English :-) )
On October 27th, 2010 Kanize (Canada) (not verified) says:

786
Mowla Aly madad.
J'espère qu'une bonne âme pourra traduire vos propos !
Ce serait vraiment bien si vous pouviez rédiger une lettre contenant tout ce que vous recommendez ci-dessus et l'envoyer au LIF ainsi qu'aux conseils nationaux et ITREB nationaux d'autant de pays que possible pour que les dirigeants soient au fait des changements que bien d'entre nous souhaitons voir, changements qui sont non seulement désirables mais aussi nécessaires. La plupart de ceux qui contribuent à cette page partagent votre opinion, malheureusement, les personnes concernées (c'est-à-dire les dirigeants), elles, ne consultent guère cette page-ci, alors ce qui précède ne les atteint pas et reste lettre morte. Et il faudrait écrire cette lettre en anglais aussi pour pouvoir rejoindre les dirigeants des pays anglophones, vu qu'ils ne connaissent guère le français...

Je suis sincèrement convaincue que si les membres du jamat pouvaient s'impliquer davantage en faisant connaître leur avis à leurs dirigeants locaux et nationaux, en attirant leur attention sur ce qui laisse à désirer dans ce qu'ils font et en les félicitant pour tout ce qu'ils font de bien, si les membres du jamat pouvaient faire preuve de moins de laxisme, je suis certaine qu'on verrait du progrès, et que, petit à petit, les changements que nous désirons pourront se mettre en place, vu que ce n'est pas tous les dirigeants qui manquent à leurs devoirs, il y en a qui sont très motivés, très droits, et ces derniers pourraient devenir prépondérants si le jamat luttait contre les autres; je suis certaine que si plus de membres du jamat avaient su le sens du bayyat, ils auraient automatiquement compris que ce n'était pas Mowla Bapa qui avait engagé cette poursuite judiciaire et ils auraient tous clamé haut et fort, jusqu'au LIF, que tout ceci n'était qu'une masquarade, un mensonge éhonté et ignoble qu'il fallait absolument arrêter, et je mettrais ma main au feu que les dirigeants coupables auraient pris peur et auraient reculé : c'est à cause de notre ignorance et à cause du silence de ceux qui connaissaient le sens du bayyat que ce procès est allé si loin. Et hélas, si nous, les membres du jamat, ne nous mobilisons pas, des tragédies de ce genre risquent de se répéter à l'avenir. Une célébrité anglophone dont je ne me souviens pas du nom a dit : "ALL IT TAKES FOR EVIL TO SPREAD IS FOR GOOD MEN TO STAND AROUND AND DO NOTHING ABOUT IT." C'est une phrase tellement juste.

Alors, cher frère dans la religion, j'espère que vous penserez sérieusement à vous exprimer en notre nom à tous auprès des dirigeants.

Ya Aly madad.

GIST OF THIS REPLY IN ENGLISH :

I asked Mohez Nato to please submit his views in a letter (in English also) to the Ismaili leadership of as many countries as possible (including the LIF) (since the leaders don't really visit this page, at least not those who should !) so that they know what changes most of us desire to see in the leadership (loyalty to the farman and guidance, transparency, integrity...).

Moreover, I said that if the members of the jamat had really known the implications of "bayyat" they would have automatically known that this lawsuit had not been engaged by the Imam of the time, and they would all have demanded of their leaders that this terrible suit be stopped and the people behind this lawsuit would have had to stop it. And those who knew kept quiet.
We, the jamat, need to be more involved and need to communicate our views to our leaders, we need to congratulate them for what they do that is right, we need to bring their mistakes to their attention, and by being thus involved, slowly but surely, those changes we desire will happen. I quoted the sentence of a famous English speaking person whose name I can't recall, "All it takes for evil to spread is for good men to stand around and do nothing about it." We must not let history (i.e. lawsuit, more lies) repeat itself by our laxism.

Ya Aly madad!

* Canada

French comment by Mohez
On October 27th, 2010 Alibhai Jiwani (not verified) says:

I would love to read his comment
Please would someone be gracious to translate in English?
Thanks in advance

* United States

your sharp analysis
On October 27th, 2010 Farmanbardari (not verified) says:

Ya Ali Mohez,

Thank you for your deep understanding of our beloved Imam's vision! You are suggesting positive actions.

As Mowlana Sultan Mohammed Shah said: "Prayer without action becomes pride".

Let us look at our present and past history, and bring positive change to our future, including a fair and transparent access for all Ismailis, of our Imam's authentic Farmans , may it be through paper copy, audios, videos or other electronic means.

Shukhar Mowla!

* Canada

@Bloglaw
On October 25th, 2010 Yasmin (not verified) says:

Ya Ali Madad. Mr. Bloglaw, Mr. Abdul, Farmanbardari, Mr. Asif Momin, Mr. Nizar Shivji and of course Umed of this "great website", and others: Your postings are so knowledgeable and inspiring, they always keeps me informed, for which Many Thanks. Keep up the good work. May Allah Shower His Blessings upon you all, and may Our Beloved Hazar Imam Bless you all with His Zaheri and Batuni Deedar. Ameen. Thank you once again.

* Canada

rope of guidance
On October 26th, 2010 Farmanbardari (not verified) says:

Thank you Yasmin!

All praises are due to our beloved Hazar Imam who tirelessly guides us through His Farmans. To cut us from receiving Farmans is to cut us from His guidances. We thank Nagib and Alnaz for having given their time and ressources to convey those Farmans to us.Nobody can do this work with so much dedication and forbearance unless there is Mowla's love in their heart and this is the greatest thing they could have shared with their spiritual brothers and sisters.

Mowla has just recently reminded us of an important principle of getting knowledge in Islam: even if you have to go to China to get knowledge, you have to do it.

And what best knowledge than Mowla's Farmans ( of course authentic and untampered by intermediaries!)

Mowlana Murtaza Ali said in Kalam-e-Mowla:

"The status of Knowledge
Is above all virtues,
For through Knowledge he has recognized the Lord,
The one who has enlightened his heart;
And virtues and deeds, all disappear,
Knowledge of God alone remains.
Listen to this, understand it and remember it always,
So commands the Master of the Kawsar."

* Canada

"WE ARE SOFT AND EMOTIONAL"
On October 26th, 2010 Nizar Ali K. Shivji (not verified) says:

YAM, MS. YASMIN! Very many thanks for your kind words. A person like you inspires us to express our thoughts and comments. We mean no harm to anyone! We have always believed that our conscience will guide us to right the wrong. We, human beings are soft and emotional but it is the infinite grace and mercy of Allah which direct us to the right path!

I reciprocal all your good wishes word to word, and at the same time I pray in Holy Huzur Poor Noor of Hazarat Dhani Salamat Datar Hazar Imam to guide us to the right path and bestow His loving paternal maternal blessings upon all of us so that we all become tolerant, charitable, and broad-minded in our daily tasks, Amen!!! Allah Hafez, Nizar Ali K. Shivji!

WE ARE SUPPORTING THE INSTITUTIONS – THE PHANTOM SENSITIVITY CAR
On October 23rd, 2010 Bloglaw (not verified) says:

Bloglaw responds to the Editor of Vancouveritte

Thank you Mr Editor for your comments.

My comments and views are objective, specific and reasoned We are all in fact supporting our institutions by giving feedback on the many serious issues highlighted by the lawsuit. We have therefore all been playing a positive and a constructive role. Our leaders should welcome these comments and suggestions. Anyone commenting does not mean that they are therefore against the Institution or its structures or the leaders. Far from it. I am certainly not against any of them. I do so because I too care. I do not know Alnaz or Nagib. The first time I heard their names was when the lawsuit was initiated.

Some on your site including you (at times) have been very intolerant, insulting and intentionally offensive. That is very regrettable & sad, because I believe Hazar Imam, Noorani family and other interested groups have been following parts of this debate. I note you have said that this was because “love and religion can obscure your vision”. On a positive note this was a reality check for many including me. I have learned much from them. Thank you.

I am surprised you are trying to play “the phantom of fear card”. You are saying that in certain countries Ismailies are living in fear. They could be affected somehow by being alienated and tormented. With respect the phantom “sensitivity” card has been used regularly to limit access to information, Farmans, inaction and to maintain or control the status quo etc. etc. There is every reason to stop using this card. I would love to debate this if you yourself have really researched this, been to the countries and spoken to Ismailies or the local leadership on this. I assume you are simply relaying this information provided to you. Suffice it to stay that information for any misinformation or misuse has been out there in those countries for many years before this lawsuit. Despite which Hazar Imam has facilitated and achieved so much so quickly. Similarly many Ismaili’s with different traditions & cultures have been meeting each other for over a decade now. If farmans and guidance are followed and implemented, I am certain that there will be no reason to fear but reason to unite and share. Hazar Imam reminded the world and us last week that;

“.. In acknowledging the immensity of the divine, we will also come to acknowledge our human limitations, the incomplete nature of human understanding. In that light, the amazing diversity of creation itself can be seen as a great gift to us – not a cause for anxiety but a source of delight. EVEN THE DIVERSITY OF OUR RELIGIOUS INTERPRETATIONS CAN BE GREETED AS SOMETHING TO SHARE WITH ONE ANOTHER – RATHER THAN SOMETHING TO FEAR. IN THIS SPIRIT OF HUMILITY AND HOSPITALITY – THE STRANGER WILL BE WELCOMED AND RESPECTED, RATHER THAN SUBDUED – OR IGNORED .”

I pray that the consent order will be filed in the coming days and the case ended. I also pray that everyone will work together and support each other with proactive, concerted, and deliberate efforts to build our Jamat and institutions taking account of our differences, and seeing the diversity & pluralism within our Jamat as an opportunity. AMEEN

* United Kingdom

Bloglaw' s above post of Oct. 23rd
On October 24th, 2010 Kanize (Canada) (not verified) says:

786
Ameen to these prayers, Bloglaw, and many thanks for your insight and for giving to those of us who have not been to those distant countries where Ismailis live your impression and input about the jamats there. I really appreciate it. Bravo for the way you have articulated your response to that editor (I hope he can be a little bit happier in his life, so that what he writes can reflect that happiness too).
Indeed, all of us who post on this page do care for the jamat and do wish to help the institutions improve in their work so as to better serve those for whose needs they were created.
Ya Aly madad.

* Canada

Unity, leadership, service to the Imam and the Jamat
On October 24th, 2010 Farmanbardari (not verified) says:

Ya Ali Bloglaw,

You are right, Mowla has told us time and again to work unitedly, and this does not only apply to the ordinary member of the Jamat, it applies also to the officially appointed people who are in position of decision making in the Jamat.

Service to the Jamat and the Imam has to be done not only in letter, but much more in spirit. It has to be free of bureaucratic ties, specially for a small community like ours.

Leadership is not only a material leadership, but much more, a leadership of the soul.

I think by putting their precious limited resources in gathering and sharing Farmans, it shows a much greater leadership than trying to leave this work aside, on the name of legal "authority".

Time and again Mowla wants us to re listen to His Farmans, and discuss about it. One such examples was in Canada 1978 to students:

"I have given a Farman to My student Jamat in Vancouver which I would like the student Jamat in Montréal to listen to..."

Not only to read it but also to listen to it!

* Canada

Are the motions for summary judgment continuing??
On October 22nd, 2010 Muhammad (not verified) says:

According to Vancouverite, the motions for summary judgment will be heard on December 7th. I thought that all parties had consented to a judgment and there will be no further motions. So, can someone please tell me why everybody is going to court after there already is a settlement agreement?

* Canada

This is on the Docket as the
On October 23rd, 2010 librarian-umed says:

This is on the Docket as the dates for those motions were asked by the Case Management Judge since few weeks already. Once all parties sign the consent judgment, these dates will be release. I believe Nagib has already sign it.

CONSENT
On October 25th, 2010 Muhammad (not verified) says:

As Nagib has already signed the consent, would it be possible to release a copy of the consent so we can understand what was exactly agreed upon during their meeting with Mawlana Hazar Imam? I think everyone is very anxious to read the transcript and consent. Thanks in advance.

* Canada

Once the Consent is signed
On October 25th, 2010 librarian-umed says:

Once the Consent is signed by all parties, it will be on Docket and available to all. It would be premature to release any such document when it has not been official.

A consent judgment, or agreed judgment, is a final decision that is entered on agreement of the litigants; is examined and evaluated by the court; and, if sanctioned by the court, is ordered to be recorded as a binding judgment. A consent judgment is a final, binding judgment in a case in which both parties agree, by stipulation, to a particular outcome. A consent judgment is used in order to settle an issue before a court and to end litigation

Once the Consent is signed
On October 26th, 2010 Muhammad (not verified) says:

Please forgive me for my ignorance of the process. Is my understanding correct that as Mr. Nagib and Mr. Alnaz have given their consent to Mr. Brian for his motion to win and as Mr. Nagib is already signed the motion papers then why is there so much delay to make the final announcement when Mr. Nagib and Mr. Alnaz have already agreed?

* Canada

Nagib and Alnaz have agreed
On October 26th, 2010 librarian-umed says:

Nagib and Alnaz have agreed to sign what the Imam told them to sign. Not more, not less. The Imam has been precise in his instructions. And these are the instructions they have followed.

However The lawyer Gray, is disputing what the Imam said on 15th October. So there will not be any agreement. A consent judgment is what the Imam wants (see definition of consent judgment). According to latest information, Gray does not want to comply with the Imam`s wish to sign a consent judgment, he wants to go for Motion in December.

Nagib and Alnaz have agreed
On October 27th, 2010 Muhammad (not verified) says:

I think Mr. Gray should agree with Imam's instruction. If he does not agree he will have a problem according to rules. If Imam has told him that he wish to sign consent judgment and he says NO, how is that possible? Mr. Nagib and Mr. Alnaz should complain to the court about this and refuse to go for Motion in December.

* Canada

@ Muhammad re: above post of Oct. 27
On October 30th, 2010 Abdullah (Canada) (not verified) says:

786
Brother Muhammad, since Mr. Gray's client is Mr. Sachedina (not Hazer Imam, since an Imam never sues a mureed whose bayyat He has accepted) he will only act according to Mr. Sachedina's instructions and will probably want to prolong this suit as long as possible. Think of the rate at which he bills his clients...
We should really request Mr. Sachedina to follow Hazer Imam's wish.
Ya Aly madad.

* Canada

UNEXPECTED AND SURPRISING !
On October 26th, 2010 Murad (not verified) says:

Mr Gray is also bound legally to follow Imam's instructions. Maybe Mr Gray is trying to cross the legal T's and dot the I's. In that drafting process there is some misunderstanding that Mr Gray is disputing what Imam agreed. I hope this is the case and can be resolved between Alnaz and Nagib with the Leaders & Mr Gray.

I hope we will know at some point what were the precise instructions of the Imam and what has been signed by Alnaz and Nagib.

This magnanimty, generousity and fairness shown by the the Imam is I feel touched and proud to say also unprecedented legally (for Mr Gray too), in Imam's wishes for consent , Instructions, extending the meeting to 25-30 minutes, allowing it to veer from the standard format of discovery etc.

* United Arab Emirates

@ Murad re: above post of Oct. 26
On October 30th, 2010 Abdullah (Canada) (not verified) says:

786
As I expressed it in my reply to Muhammad (here above), Mr. Gray is only bound to follow Mr. Sachedina's instructions, since Hazer Imam is not the one he is working for...Hazer Imam's instructions, among others, included that the case end now.

* Canada

CONSENT
On October 23rd, 2010 Momin (not verified) says:

Thank you for the information. Everyone is waiting to reading a copy. I hope Nagib and Alnaz and or the LIF will share a copy when filed. I assume it has been signed by Alnaz and Mr Gray on behalf of Hazar Imam.

* United Arab Emirates

Vision of an electronic secure access @Ikram @Abdul
On October 22nd, 2010 Farmanbardari (not verified) says:

Mowla said about the knowledge society in Chicago 2008:

"it is immensely important that the Jamat should be forward thinking...so that they become more and more not only part of the knowledge society, but, Inshallah, lead the knowledge society. And when I talk about leading the knowledge society, I am also addressing Myself to the younger generations in the Jamat.."

As Ismailis, we are supposed to "lead" the knowledge society, not drag down those who do good things, let alone bashing them. In the corporate world, in order to survive, you need to lead.

One of TKN project should be, like banks do, to give a secure access to each ismaili, to Mowla's Farmans. Our youth's creativity and skills should be put into advancing our community into the atomic age. When they go to bed, they should be able to immerse themselves with our Imam's vision. Otherwise they will be glued to their television set or Nintendo and we will end up a "mediocre" community!

* Canada

Farmans online & TKN
On October 24th, 2010 Momin (not verified) says:

TKN is where ismailies have offered and pledged their time and knowledge for projects. So if there was a project to give access to Farmans online by for example ITREB or IIS. If after the project report was approved, and individuals were needed with certain skills then the TKN team will give details to ITREB -IIS who will then decide and select the team for the project. The project report for printing a book of Farmans will have been or is being prepared since Hazar Imam gave approval according to Dr Sachedina. Maybe this includes consideration of online access which has many advantages and in line with Imams wishes in your quotation and a significant saving of costs and a wider and targeted access and dissemination. This saving can be used towards Mawla's GJ goals or as the leaders consider best. There may also be some concerns which will also have been or need to be considered and addressed.

* United Arab Emirates

@Momin
On October 24th, 2010 Farmanbardari (not verified) says:

You are right Momin, there should be a team of dedicated Murids, but directly under Mowlana Hazar Imam and absolutely not under SS because he has shown no understanding of what a Farman is: It is God's word and cannot be edited, distorted, or play politics and power trip over it!

Also a paper version is not incompatible with an electronic version. I particularly liked the mp3 feature on Golden Kiz! I hope our future generations will show great creativity and will be under Mowla himself directly for this kind of project!

* Canada

EDITOR SAYS IT IS DANGEROUS FOR MURIDS TO KEEP THE BOOK ! WHY?
On October 22nd, 2010 Bloglaw (not verified) says:

NEWS EDITOR OF VANCOUVERITTE SAYS- But we also don’t know the authenticity of the contents of this book (remember that there is no forensic verification of the farmans in this book) that have not been reviewed by any authority so far. The danger is that 5,800 books can reach an awful number of people. It is dangerous to leave these books in so many hands and I think the soundest thing would be turn it over to someone in authority. The odd part – from my recollection – is that the book was to be returned by those who bought it. Correct me if I am wrong here. Now we hear it is OK to possess an illegally printed book. The fundamental idea would be to remove it from circulation. Period. The implication of the off the record conversation as reported by these folks is that a partial theft has been okayed? This is why we need some collaboration of the wishes of HH.
BLOGLAW REPLY - Editor : It has been established and you have agreed that there is no LIF announcement or statement that those who bought the book should return them let alone that the books are illegally held by them
IS BOOK AUTHENTIC ? : This has not been the issue in Court. Leaders have had the book well before the lawsuit and so did IIS. Surely the Farmans will (and should) have been verified as a first step (priority) before the lawsuit was filed. If this has still not been done then this can be added to the increasing number of gaps highlighted so far. Would you agree ?
IS BOOK DANGEROUS ? : Why do you conclude it is dangerous to leave these Farman books with Ismailies. What is the basis of your conclusion. What will Ismailies who have the book do with the book which is dangerous ? Please enlighten us. If you have heard this from the leaders the Jamat would be especially interested. This is not taking into account that our Imam has full confidence and trust in his murids. We should too.
IS BOOK ILLEGAL ? : The book is legal BECAUSE . Imam has given his consent for murids who have the book to keep the book.. There is therefore no question of theft. this is a consent order (A record of an agreement between the parties to an action).
CORROBORATION ? : The guidance and directions given by Hazar Imam in the 30 minute meeting will be corroborated by the consent order and hopefully with an institutional announcement through LIF. Meanwhile there is no reason to question the accuracy of the summary or understanding shared.

* United Kingdom

Bloglaw' s above post of Oct. 22nd
On October 23rd, 2010 Kanize (Canada) (not verified) says:

786
Ah, Bloglaw, thank you ever so much for your tireless efforts to reply to all the remarks of this news editor whenever there is a need to! You are all the more to be commended that you do this no matter where you are on this planet! Good job, Bloglaw! Mowla tamnè sukhi raakhè! Ameen! You are doing a great service to everyone. Your perseverance is admirable.
Keep it up, Bloglaw.
Ya Aly madad.

* Canada

Farmans are our heart
On October 22nd, 2010 Farmanbardari (not verified) says:

I think that the people who came up with the book did a better job than any ITREB or IIS. They did it out of love and devotion and where careful about the authenticity of Farmans. Imam's Farmans are Farmans wether they come from an "authorized" person or not, specially when that "authorized" person just puts them in a drawer for years and just sits on them eternally.

Mowlana Hazar Imam said in India in 1992: (again, it is such an important Farman, our officials did not bring it to the Jamat)

"This is a complex Farman. Not many of you perhaps will feel comfortable with having understood the Farman in its completeness today. Listen to it, I hope the translation will be good, think about it, discuss it with your children, discuss it with your grandchildren, if they are old enough to think in these terms, and prepare them to see the way ahead, wisely and properly, because there is much opportunity, there are also perhaps risks. But what would be wrong is if you did not consider the changes ahead or you did not prepare for it. And therefore I am making this Farman to My Jamat in India today.

This Farman is not specific to India, in the sense that these changes will occur in other parts of the world. But I am happy to make this Farman today."

* Canada

EDITOR SAYS IT IS DANGEROUS FOR MURIDS TO KEEP THE BOOK ! WHY?
On October 22nd, 2010 rabya (not verified) says:

Bravo Mr Bloglaw, your comments are always and have been the ice on the cake. But what can you do with people who do not understand the Farmans, with the chamchas of the leader who says that a Farman becomes Farman when it's edited. it's hopeless. So let them bark.

* Canada

@Rabya
On October 29th, 2010 Nick (not verified) says:

Very Well said; " with the chamchas of the leader who says that a Farman becomes Farman when it's edited. it's hopeless. So let them bark"

Bloglaw gives reasoned
On October 23rd, 2010 Pirani (not verified) says:

Bloglaw gives reasoned responses with respect despite being insulted and being called names. This is only a handfull who are posting on vancouveritte including sadly the Editor. Dont worry about what they say and the best way is to continue to give reasoned reponses which are read and followed by increasing numbers.

Shukhr Mawla The case is coming to an end and I hope that the directions and guidance given by the Imam will be accepted & ACTIONED by the leaders whole heartedly.

* United Arab Emirates

Comments option on this website needs to be shut
On October 22nd, 2010 Iman (not verified) says:

Now that Imam has met with the two defendants and has given them appropriate guidelines I think the comments option has to be shut down on this website. Instead let the jamat surf this beautiful website for ginans, speeches and other literature which this website has to offer.

Failing to shut this comments option will be like a vicious circle where we will comment and then vancouverite will reply and tit for tat policy will prevail for god knows how long. Instead lets get together and achieve our goal which is practice our faith and leave everything behind us.

* United Kingdom

Perhaps this should apply to
On October 22nd, 2010 librarian-umed says:

Perhaps this should apply to all the web sites talking of that subject else it would not be fair. But yes this would be the right thing to do in view of the desire of the Imam to put this matter to rest. Will they all shut the comments?

Re: above post of librarian-umed of Oct. 22nd
On October 23rd, 2010 Abdullah (Canada) (not verified) says:

786
Could we possibly wait until the consent of judgment (I hope I used the proper terms :-) ) has been finalized and agreed to before we close the comments on this topic, librarian-umed ? And certainly, it is only fair that this page be closed only if other