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
Certainty-Pain & Hurt
I agree. Shafik Sachedina and Aziz Bhaloo have also broken their bayah, and have disrespected the Ismaili faith by saying Mehmani is a personal religious beleif, which has has no meaning or significance when Hazar imam personally performs and accepts a Mehmani personally.
History will certainly not forgive them. But most important they themselves will not forgive themselves because they are also answerable to their very own conciousness and their soul.There is certainty of Loss and therefore certaintly of punishement (extreme emotional pain as we know and define pain) - ( Bayah and dua part 4 - Quran 48:10)*
When you break your Bayah, Imam and the Quran have forewarned you that you are hurting yourself and that will be your loss, with responsibility in this world and the next. What does that mean ?. The hurt is to your soul which is eternal, because without your soul there is no life in pour physical form, we call the human body. Your soul gave and gives your body life. Your soul will leave your body behind.The hurt and pain will be in from and deep within the consciousness of your soul.
Therefore Shafik Sachedina and those involved, will experience this hurt either during their time on earth or when their soul leaves your body. They will have to answer "to themselves" (to their very soul). They will not be able to hide or manipulate, because you can not hide from or manipulate yourself. What emotional pain they will experience during that "personal resurrection"is far greater than any pain we can ever experience and imagine on earth.
Therefore if SS and Co think that they can buy their way into being forgiven they have a shocking awakening awaiting them either during their time on earth and or after their souls leave their body and countinue their journey to becoming one with the ultimate reality.
SS and Co have a choice to change course and do the right thing or to blocking Farmans, marginalising murids, and using the positions, resources and opportunities for the benefit of their self interest and for those in their inner circle.
Most ITREB Board members and Staff I think did not know, and thought what they were doing is what Hazar Imam was directing them to do. They beleived SS and Co, who have been very manipulative and convincing. However, they now know the truth. Therefore if ITREB continue in the same way then they too will have to answer. There is certainty of punishment, on earth or when our souls continue their journey.
I hope the new appointees and the Jamat will share Farmans and information freely. I also hope SS and Co will change course.
* Quran on Bayah
1. In verse 10 of Surat al-Fath, Behold, Lo! those who swear allegiance unto thee (Muhammad), swear allegiance only unto Allah. The Hand of Allah is above their hands. So whosoever breaketh his oath, breaketh it only to his soul's (immense) hurt; while whosoever keepeth his covenant with Allah, on him will He bestow immense reward. [48:10] Dua part 4
2. In verse 91 of Surat an-Nahl, " And be true to your bond with God whenever you bind yourselves by a pledge, and do not break [your] oaths after having [freely] confirmed them and having called upon God to be witness to your good faith: [112] behold, God knows all that you do[16:91]
3. In verse 34 of Surat al-Isra', ".. And be true to every promise - for, verily, you will be called to account for every promise which you have made 17:34