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
What Alnaz says below, a
What Alnaz says below, a letter I sent today today to Shafik Sachedina, M Manji, A Bhaloo, other Leaders & Murids.
Thank you, and also WE KNOW;
1 Hazar Imam did not ask for costs or names of those murids who have the book of farmans. (15th October 2010)
2 Imam asked Shafik and M Manji to end the lawsuit, and for all those who have the books to keep them. (15th Oct 2010)
3 Shafik personally said to me, Hazar Imam does not want any costs from Nagib & Alnaz.
a. You also asked me to withdraw my offer to pay and offered to give the Cheque back to me. I refused.
i. So why are you and M Manji etc, are then continuing the lawsuit for costs and or names.
4 No Imam has ever filed a lawsuit against any spiritual child for following his guidance by sharing Imam’s farmans (or for anything else)
5 Alnaz offered to pay double costs claimed.
a. Mr Gray says his instructions are not to accept.
i. Do you believe Hazar Imam would give any such instructions.
6 Alnaz was never contacted before the lawsuit or after the lawsuit. Shafik said he thought Alnaz was running a website ?
a. The LIF announcement said falsely that Alnaz was involved, and the lawsuit was filed as a last resort after every effort was made. We know that is also not true
7 Hazar Imam said on 15th October 2010, that he knew Alnaz was not involved.
a. and Shafik has continued the case against Alnaz.
8 Hazar Imam would not continue a case against anyone knowing, and especially after saying he knew he was not involved.
a. This also proves beyond any doubt that Hazar Imam is not the plaintiff and
i. why imam did not say he was the paintiff nor has Imam filed a single affidavit in this case
9 Nagib claimed full responsibility and also offered to pay costs.
a. They refused and say Imam has asked them to do the opposite of what Imam said on 15th October 2010
10 Shafik Sachedina and his group are obviously desperate to know names of those who have the book,
a. not because Imam has said so.
b. In fact Hazar Imam allowed them to keep the books and share. The court agreed with Hazar Imam.
11 Any legal or consitutional authority used and claimed, can be reversed or revoked by Hazar Imam.
a. We must not think that Hazar Imam will not do so because of financial reasons or you are indispensable.
b. You must not and can never second guess Hazar Imam and to why, when and what Imam may say or do.
i. The meeting of 15th October 2010, is an excellent example.
ii. Listen also to the deeper meanings and guidances within recent speeches. These are now thankfully available for all to share with the new permissions on our official websites.
We also know more members of the Jamat are aware and are sharing. I ask all murids to share & do what they can to stop those who are going against what Hazar Imam has said.
Those who know (esp. murids working closely), will I hope share the truth. Shafik sent to me his emails, regarding me, and a lawsuit they were planning against me. In error, or was it really an error ?. Shukhr Mawla.
I look forward to hearing from you, & any more murids to share & work together in doing what Hazar Imam has said and says. If any of the above is not correct can you please clarify and let me have the related documents or Farmans
From: Alnaz Jiwa [mailto:alnazjiwa]
Sent: 08 October 2014
To: Shirin Jiwa; hasniessa
Cc: q.kim@; shahed.karim@; ZLalani@; <, hafizullah.momin@; mahmoudeboo@; Shafik.Sachedina@; tafkotadia@; azimkassamncabuk@; mohib@; AlyAlidina@; Saliyat; semin.abdulla@; nadiabhimji@; Simerg@; sandrine.mongin@ iqbaldhanji@; Ex President M Manji Canada; rahim@shamji.net; Aniza meghani; Mukhi Salim Janmohamed; nazminkassam@; nssjobs@t; Khan; <, presidentnc.hakemy@>,; naguib.kheraj@; editor@; Nagib Tajdin; hmirshahi@; aminmawji@; zauhar.meghji@; Shiraz Kabani; Vazir Azim Lakhani EX Chair LIF; FDaftary@; firozachatur@; Eqbal Rupanii CEO LIF; m@; nina22a@; ismailimail@; <, president@,; salima@; n.jassanincabuk@gmail.com; President Aga Khan Council Canada Malik Talib; Ambassador Aziz Bhalloo; Fazal Ahmad Fazli; shafik.sachedina@; noordin.nanji@; rali@tbhl.co.uk; Habib.Motani@; sherbanoo.moledina@; iqbalwork@outlook.com; shams vellani; hcc@; Gafoor; shaffinvalimohamed@; nat@
Subject: WHY Imam does not intervene....
YAM,
I have a written document (I will need to go in my boxes to find it) where Mawlana Sultan Mohamed said:
If the elders did not give up their positions and allow more younger ones to lead the jamat, they will revolt against the leaders. He then went on to say, that those who seek to cling to their positions, "I pray that they die early".
This dying is, perhaps, spiritual dying.
Revolt, we can see coming from many angles.
However, it is important to read what Mawlana Hazar Imam said:
Paris Match, December 15, 1994, the Aga Khan stated:
PM: Your Highness, what pride do you get from your work?
AK: I am proud of two things. The first is the creation, in a variety of countries, or institutions of the community which posses REAL autonomy, which do NOT depend on the INTERVENTION, nor the THINKING, nor the SUPPORT of the Imam. [Emphasis added].
I am not surprised that the Imam has not officially intervened. I know what He told us (off the record) and I have no regrets at all. I feel truly Blessed. Shukr.
Alnaz