Ismaili.NET - Heritage F.I.E.L.D.Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29
In a surprisingly rapid twist of events, both Mr Tajdin and Mr Jiwa have filed their respective statements of Defense this 29th of April 2010. They affirm to being devoted followers who will unconditionally abide by the wishes of the Aga Khan, whom they glorify in their defense.
Mr Tajdin declares that:
He has not been served yet but the ethics imposed upon him by his faith demands that he should not keep in ignorance the public by being silent on the issue and should clarify all of the facts, pertaining to this lawsuit, of which he is aware.
He reaffirms his allegiance to the Aga Khan, is willing to submit to any of his wishes, and is ready to surrender himself and all his possessions to the Imam.
He has been printing Farman books since 1992 with approval and instructions from the Imam received on August 15, 1992 in Montreal.
He has not received any communication from the Imam from 1992 to 2009 instructing him to stop publication.
He cannot stop publication without instruction from the Imam as this would be a breach of his oath of allegiance to the Imam.
All Farman publications were financial deficit projects done as a volunteer service and large numbers of books were distributed free of charge.
Farman sharing is a historic Ismaili tradition which still continues today.
The current Ismaili Constitution does not restrict the right to publish Farmans
Mr Tajdin concludes that:
He has no choice but to await further direct instructions from the Imam.
He reaffirms his allegiance to the Aga Khan, is willing to submit to any of His wishes, and is ready to surrender himself and all his possessions to the Imam.
Mr Jiwa states that:
"This action does not appear to have been authorized personally by the Aga Khan .."
"In distributing Farman books obtained from Tajdin to other Ismailis, he has not violated either the Ismaili Constitution or any Farmans"
He has not violated the copyright act as "Tajdin was given express authority by the Imam" and regardless of the fact that "the limitations period provided for by the Copyright Act also bars this action as the books containing the Farmans were commenced publication in the year 1992", he will still do whatever the Imam tells him to do.
Mr Jiwa clarifies finances:
He "obtains these books for C$50.00 and sells them for C$50.00 or gives them free, without any profit.
"All monies received by him from the sale of (other) books after 2005 were delivered to the Jamatkhanas"
Mr Jiwa further states that:
"If the Imam edited the Farman before releasing to the Jamats, in effect he is superceding the Farman he made orally previously."
He "unconditionally reconfirms his oath of allegiance to his Imam" and "if the Imam does not desire his Farman books to be distributed to the Jamats (...) this defendant will submit to the instructions of His Imam without reservation whatsoever"
Replies From the Plaintiff are due within 10 days, and Affidavits of Documents are due 30 days later.
[Update from May 6: Ogilvy Renault, the law firm which launched the case has asked for an extension of 15 days to reply to the Defense. They claim delays due to breakdown of email servers, blackberry communication, travel of senior lawyer, time difference with Paris etc...The more delays in this file, the more damage it creates to the reputation of the Ismaili community, the Imam and the defendants. It is to the advantage of all parties that this case be withdrawn from the courts.]
[Update from June 22: Defendants have filed a Motion for summary Judgement to have the case dismissed.]
[Update from September 5:
Online Book that gathers court materials as well as articles that are currently available for the ongoing 2010 Lawsuit:
Copyright Lawsuit 2010: Online Book of All available Materials
News on cross-examinations:
Copyright Lawsuit: CROSS_EXAMINATIONS Table of Contents - 2010-09-04
Latest Development
Copyright Lawsuit: Imam Appears for Discovery and Ends the Case - 2010-10-15
As users are asking to read the letters from Nagib and Alnaz on the court docket, the latest have been attached on the following link:
A. Various Court Filings
Revised Factums have been posted Here:
2010-11-29 Summary Judgment : Plaintiffs Revised Combined Factums of Reply and of Motion
2010-11-29 Summary Judgment: Defendants' Revised Factums of Motion and of Reply
There has been proven fraud in the recent past in the Aga Khan's domain by the Aga Khan's agents:
Aga Khan Lawsuit: Fraud at Aga Khan Studs - 2000-02-22
2011-05-25: A Jamati Member who has never met the Defendants volunteered as his brotherly duty to pay the $30,000 that was demanded in the Plaintiff''s submissions and that was accordingly ordered by the judge.
Read the full details of the $30,000 payment directly to H.H. The Aga Khan.
2011-06-16: The Appeal Memorandum of Fact and Law against the Summary Judgment has been filed in court by the defendants on June 16th, 2011.
Read the Full Appeal Memorandum of Fact and Law
Link to Court Docket Case T-514-10
Link to Court Docket Appeal A-60-11
Link to Court Docket Appeal A-59-11
Link to Court Docket Appeal A-156-13
| Attachment | Size |
|---|---|
| Tajdin Defence Apr 29.10.pdf | 491.02 KB |
| Jiwa AK Defence Apr 29.10.pdf | 543.82 KB |
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Comments
Another lie by Shafik
Another lie by Shafik Sachedina who says Imam eidits Farmans because Imam thinks in French and speaks in English. On 15th October Imam said to SS, MM Alnaz and Nagib that Imam does not edit Farmans, but when required annotates Farmans (Read what SS said to the court http://ismaili.net/heritage/node/30367
Now read the following Farman, and what Imam says about understanding English, and also what Imam does after EVERY Farman.
" I just wanted to say that I have another engagement. Normally, I wait for the translation, I understand a little bit of Hindustani, a little bit more of Urdu, and I can generally tell whether the translation is more or less correct, or not. And that’s why I stay. In this case I will trust those who will make the translations, to make them properly. Most of you understand English in any case, so I dont think there will be any misunderstanding this evening…" (22 March 1989)
Imam is crystal clear regarding English. In fact Imam stays and waits for the translation after every Farman (and presumably annotates in some cases)
So Mr Shafik Sachedina, What is the real truth ?
1 Why do you edit and change Farmans (including the London GJ Farman)
2 Why do you hide Farmans and annotations from Leaders and the Jamat
3 Why do you not give copies of all farmans in the Mukhis binder for all Mukhis to share with the Jamat
Mr Sachedina , as a Leader, as a Muird and as a member of the Mandlis, You should now tell the truth, apologise, and change course. Or you should resign voluntarily from all the positions you are holding in all our Institutions ?
The LIF announcement says Imam has approved Farmans to be printed and distributed to the Jamat.
Question to Vazir Azim Lakhani and Vazir E Rupani,
1 As murids, as members of higher mandlis, as individual Leaders, and as LIF, why are your not holding SS institutionally accountable and answerable under the constitution and based on Farmans
2 Why are you not individually or institutionally meeting Alnaz, Nagib and others for the truth and work together ?
Shukhr, that I have copies of Farmans and I am able to read them. This is only because Hazar Imam allowed us to keep books distributed by Nagib. A special heartfelt thank you to Nagib. You are an exemplary Ismaili sevadari murid, and giving a priceless seva and sacrifices for the Jamat. May your seva be accepted and may you and your family blessed with peace, happiness and more seva. Thank you again.