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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Directions on 15 Oct 2010 !
A summary of the meeting and directions(Farmans), by Hazar Imam on 15th October 2010.
1 Nagib said he and Alnaz do not wish Imam to be affirmed. They only need 5 minutes of guidance from Hazar Imam.
2 Mr Shafik Sachedina and M Manji were invited by Gray as his instructing clients/parites. The court only asked the Plaintiff to come. His Highness the Agakhan did not say he was the Plaintiff. (Instructing client)
3 Alnaz removed his shoes and placed a small box of chocolates on the table.
4 Nagib Tajdin said to Hazar Imam that he seeks forgiveness, and was there to seek guidance and will do whatever Imam tells him to do. Gray insisted that Nagib must ask Hazar Imam to answer specific questions. Nagib did not. He waited for guidance from Hazar Imam
5 Nagib instead placed the letter he had sent to Hazar Imam in January 2010, which he believed Hazar Imam had not read. Hazar Imam took his glasses out and started to read. Gray bent over and took the letter from Hazar Imam’s hand. Gray then said to Nagib to ask Hazar Imam specific questions. Nagib stayed quiet and waiting for Imams guidance..
6 Gray said loudly that if Nagib did not ask the questions, he will end the meeting.
7 Hazar Imam at that point intervened and suggested the following to end the case;
a. NT and AJ to agree to Imams copyright
b. Undistributed books to be returned to ITREB as the honourable thing to do.
c. Allegations of forgery against Hazar Imams staff to be withdrawn.
d. Imam will meet them outside the litigation to see what we can do next.
8 Nagib and Alnaz yes and ameen Khudavind
9 Gray then asked Hazar Imam if Hazar Imam wishes to speak about the Mehmani in 1992. Imam said yes he did.
10 Imam said Imam remembered the Mehmani in 1992 and this at a time when we were looking for competent murids to translate Farmans into different languages.
11 Imam said Imam does not edit but annotates Farmans, and Alnaz andthat Nagib can have the annotated Farmans if they wished.
12 Imam said Imam will meet them again
13 Imam said Imams responsibility is to Protect Imams Farmans and Ginans
14 Imam said farmans of earlier Imams farmans are Imams Farmans
15 Imam said Imams do not change Farmans, and in the past when farmans were changed, Dias have been hurt.
16 Mr S Sachedina asked Imam to ask Nagib and Alnaz to return of all the books. Hazar Imam said only the undistributed books should be returned, whoever has the book can keep it. Sachedina added in a louder voice that announcements can be made in all Jamat Khanas for all the books to be returned. Hazar Imam said it is better that we speak with one voice (meaning Imam’s voice-Farman)
16 Mr Jiwa wanted to be absolutely clear and asked Hazar Imam permission to ask, Did Hazar Imam mean that everyone who had the books can keep them, and that only the books remaining with Nagib and Alnaz are to be returned to ITREB. Imam said yes, that is what Imam means.
17 Mr M Manji asked Hazar imam to shut down the Ismaili.net website. Hazar Imam said no and Imam added that Imam was not familiar with any issues regarding the website. Mr Manji continued and added that this website was causing confusion in the Jamat. Imam asked Manji, why can’t you work together with them ? Meaning the website should continue and M Manji and S Sachedina should work together with Nagib and Alnaz
18 Nagib said he wishes to make a confession. He said he takes full responsibility and that Mr Jiwa had not participated in publishing even one page of the Farman book. Imam said I know, to Nagib and then looking at Alnaz, "I know" "I know". "everything is forgotten"
19 Shafik sachedina asked Hazar Imam what if Nagib and Alnaz do not sign the consent. Hazar Imam said they will sign the consent.
20. Hazar Imam accepted Alnaz's Mehmani and said If he gave the small box outside Hazar Imam will accept the box. Alnaz gave it to Hazar Imam in Jamat Khana as a Mehmani.
21 After the meeting ended;
a. Gray said he will settle & prepared the first version. This was not as directed by Hazar imam.
b. Then Gray prepared a revised second version. That too was not as directed by Imam.
c Nagib then prepared & signed the consent as directed by Hazar Imam.(Imam did say who will sign and therefore also knew who will not sign)
S Sachedina and M Manji refused to either work together with or to meet Nagib and Alnaz ? Why are SS and MM continuing a witch hunt against Nagib and Alnaz. Why continue the lawsuit against Alnaz after what Imam said on 15th October 2010?. The next court hearing is in 2 weeks for legal costs and a witch hunt.
Dear Mr Tajdin, Mr Jiwa, Mr Shafik Sachedina and Mr M Manji;
Please let us know, if any of the above is not correct. Why are SS and MM not meeting and working together with Alnaz and Nagib ? .Why are SS and MM blatantly disrespecting Imams Farmans and therefore breaching our constitution and their oath the allegiance they publicly declare in speeches.
Ya Ali Madad