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 |
- Printer-friendly version
- Login to post comments
- 1333082 reads
Comments
House of prayer !!!!!!!
When I joined the dua karavi line, both MK and Kara created a very disrepectful sitaution, while I am waiting to go to do Dua, they there and then in a loud voice started threatening me, etc. The noise was loud, some people tried telling them to cool down, but they had lost it: they had absolutely no respect for the sanctity of JK.
My first instict was to leave the JK simply to maintain the dignity of the JK. But I knew then if I did that, they would follow me at other Jks and create the disrepect inside those Jks, as well my leaving would have been seen by them as I was afraid of them.
So I was very sad that Jk's sanctity was violated, and by whom. MK purports to be very religious, goes around purporting to be a missionary, or at least missionary Abu Ali's successor, but his actions speaks volumes. His guru has said in many waezes that to give false evidence will never be forgiven. |My question is does he have any credibitlity to do waezes or lectures, as an Ismaili who has not respect for JK nor appreciates the sanctity of a JK.
The witnesses lied in many respects. One said that after Kara was hurt, I tried to run away and some volunteers had to grab me. They all tried to pin the blame on me that I started the fight. Even Azmeena, who has been a very close family friend, one I never expected to lie, but lie she did. She spoke with me just before her husband attacked me, yet at the court she said she did not as she was with her niece saying goodbye to her. On cross examination, she was forced to admit that she did speak to me. Her niece and she both lied. She was NOT talking to her neice. She and her husband were alone walking by me, she stopped to talk to me, while at the court she and her neice both lied.
Why did they lie. Both of them said because they were saying good byes neither saw Kara hit me, they and all other witnesses saw things but did not, conveniently, see Kara assault me. Azmeena was there and KNEW exactly what happened, but decided to lie.
Someone called my youngest brother immediately from JK that there was an incident involving me and police were at JK. He called JK but line was busy, finally he called Police. Police told him that one person was taken to hospital and another taken to police station but they could not say who was taken where and asked him to call in one hour.
When I was at the poilce station, after things calmed down, I suddenly realized how lucky I was, and offered humble shukrana, and when my family found out I was at police station, like me they felt relieved and offered shukrana, shkurana for not being injured. Had Kara succeeded, his intention was to break my batrisi (jaw), he told me in dua line that he would break my batrisi to make suffer for life.
So in the end, I say shukr, shukr. I was protected by the higher power, even if his agents appointed to take care of us (MKS andf them) ignored me.