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
@ concerned , i differ here ....reason i think is different ..!
dear concerned , ya ali madad ,
if i dont forget as i had read somewhere , ...no doubt ...aj have had it's disputes , but , more with leaders , and , of the reasons provided by leaders , rather than imam ,
he was supposed to be taken , some ismaili constitutional steps against him , and , by that way , certain leaders wanted him surrendered to them , so , to escape from any such steps and to turn tables set by leaders , he was advised by his lawyer , to discontinue as ismaili , and instead preferring surrendering to leaders , he used technique of revoking bayah ,
has imam granted his revocation ?!
to understand , what i mean to say , i put 2 examples
(1) in dholka , my jk , when hassanali farista ( before 18 years ) was national president - an exception in reappointed , for 3 coneicutive terms , as national president .
one day , then kamadiya saheb laljibhai khetani , after dua , stood up and announced , ...as our mukhi saheb (abc) has resigned , since long , ...in his place , (xyz) is appointed as mukhisaheb . as he sat down , soon , i asked him , who told you this ? , he said , president hassan ali farista ,
i said , how did he say ? he said , on telephone ! ,
i said , how you confirm , on telephone that it was hassanali farista only and no body else ? , he was unreplied in presence of all jamats in jk hall , i told kamadiya saheb, showing jk big clock ,
see , it's now 7/15 , ...before to morrow 7/15 , ...i want in writting of this appointment , i marked perspiration on face ,
next day at the same time , ...kamadiya saheb stood up , made announcement , ....the appointment of mukhisaheb done yesterday is cancelled , ....( i was sure , none other than , mhi , has authoruty to appoint m/k ) ( the newly appointed as mukhi saheb was my cousin and good friend also , ...but , it makes no difference - no efect in jk matters)
my question is , .... whether real intention of aj was revoking bayah ? , did responsibly constitutionally , his such submission of revocation was put before mhi ? , ...and , then did mhi approved it ? , and , was such approval conveyed officially to aj ? , and was it then announced in concerned jk ? ......according to me , till then , he does not cease to be an ismaili ! ( and , why then , leaders in aiglemont , joined hands in hands , with him in searching a woman ? ,
was he honored then , this way , ....welcome , ...join us ,... as you have revoked bayah ! , we are on same line ! )
(2) hon. bombay high court has recently , observed , in one case between husband and wife , which meant to say , that , ....words spoken in anger , by any spouse , may be offence in legal terms , but , could not be considered as offence ,....
(in law , intention is more important rather than act)
see , i /we are not leaders , we should not think like leaders think , ..if we think like them , then , what is difference between them and us ?! , i am afraid , if i/we start thinking like leaders , i/we will be selected , suggested , recommended ( in fact punished ) , for new appointments ....which are soon ahead ...punishment in the sense that , changing pattern thinking of in minds of jamats - jamati members , ...due to apparent - clear diffrences in action - reaction , i.e. guidance of mhi and denial to be followed by leaders , and , by that way , creating doubt about loyalty of leader/s to imam and jamat/s , may make certain leaders feel , after new appointments , in this december ,
...that , better we were not appointed or reappointed !.....i have tried to avoid using - CAP (I) TAL - so , that read understood easily ..thank you ...ya ali madad .. !
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