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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Hoodwinging
NOBODY hoodwinks Mawla...........
Bombay ,dated 1st September 1885.Friday.
Our 48th Imam, Aga Sultan Mohammad Shah ,became IMAME Zaman at the age
of 8 years on August 17th 1885. 2 weeks after the thakhtnashini he arrived at the Darkhana Jamatkhana in Bombay India gave holy Deedar and made the following firman which lasted about an hour. It clearly explains the essence of Shia Ismaili faith.
"Hey Jamato!
Do not consider me small! I am the descendant of the Prophet and Hazrat Ali amirul momineen was
my great-grandfather. Hazrat Bibi Fatima Khatune Jannat was my great grandmother. I am the "Noor" of Ali and Nabi both. I am young in my age ,but my status is high. Mawla Murtaza Ali was small in stature but in his youth he conquered the fort of Khyber and he pulled and held the massive door of the fort over the creek for the army to cross over and he killed the devil named Jeebra" "In apparent world he used to eat bread made of barley but in reality he could reach the other end of the world in a fraction of a second and he could turn mountains in to pieces. Whoever yearned for the help from Mawla Murtaza Ali he used to fulfil their wishes and ease their difficulties.
I am the great-grandson of Murtaza Ali" "Hazrat Imam Zainulabidin was also a young Imam but he was like Murtaza ALI in his knowledge and ability. My Noor is coming from them. Ali's Noor is always present in this world. This is the last period and whosoever has true faith in Imam will see the miracles and impressive events in his time by the Imame zaman but those who have half hearted faith they will witness the miracles but will not believe them. Whosoever has not believed the miracles and events of Nabi and Imams are like a blind individual who cannot see. If you give blind man a mirror or a flat piece of stone for him both are same" People with half-hearted faith think we are common men like them. In material world we do present like a darvesh but my status is very high in the Batin, I am the descendant of prophet Mohammad. The dignity and importance of our house is only understood by the wise and knowledgeable. The people with half hearted faith will not trust us at all. Why will I love such people?
They hurt themselves nothing will happen to me." Also THE NON BELIEVERS think our murshid takes money from us, this is a big mistake. I am the descendant of Prophet and I am a darvish. If you give me anything with love I will accept it but not if you do not give with happiness. If you give me anything with true faith and love I will accept it with love and you will receive benefit which will be 100 thousand times in this life and life after. But if you give with hesitancy it will all be a waste. You will not reap the benefits from giving. We never use this kind of money, it goes the same way it came from, just like a tree with bitter fruit always gives bitter ones and tree with only thorns also produces similar tree. The wealth given by true momins go in "baitul mal". This money is used for taking care of poor, for education and my food and clothes. The money used in such good deeds bring batuni benefits to the true momins. There is no salvation without "giving" Every religion subscribes to "giving".
After that Imam made some more Farmans on Dasond etc. He then proceeded to complete religious ceremonies like Bayat and dast poshi and memanis at this time some murids were crying incessantly with tears constantly in their eyes so IMAME Zaman asked them "why are you crying?" They replied, "we are remembering our deceased Imam Aga Ali Shah" so Imame Zaman made some more firman as follows Mawla murtaza ALI'S NOOR is present right here in front of you You must be absolutely firm in this belief of yours We change dress in this world from time to time. We remove one dress or external body and change to another dress or body form but the Noor is the same from times immemorial and will continue till eternity. You must only see this one Noor. Aga Ali SHAH and my grandfather and their ancestor Imams had the same NOOR. I am the successor of ALI'S NOOR. NOOR IS EVER PRESENT. ONLY THE NAMES CHANGE. Mawla Murtaza ALI'S KINGDOM IS FOREVER AND EVER TILL THE END. You Jamat need not be sad .I am right here present for you. There is no difference between the prior Imams and me. We have to change the physical body, murids with true IMAAN must understand this." "A true momin even if he is sitting thousands of miles away from me is very close to me and a non Imani even if he is sitting next to me and he thinks I am one like him among them will experience similar relation
> from me. "I belong to my true momins and true momins belong to me when they will pass away from here they will still be with me and I will be with them."Whoever gives a single coin here will reap the benefit of 100 and 25 thousand times, but the condition is that it must be given in true faith.
A man who had come from Kathiawar asked at this point "Ya Mawla ,there are many people who talk bad about you but they are not punished". Mawla replied," whenever someone talks bad about us ,he does not get his punishment right away, but gets it when I decide and it will happen gradually. Initially when my enemies create enmity and try to hurt ,they will make worldly progress and make sins and once their quota of sins reaches a limit, first they will start losing money slowly but steadily then they will lose children or may not have ones and they will be finished in all respect. WE are from among those who have a lot of patience. Patience is our identity. I am from the family of Nabi and who ever speaks ill of any one of us they receive their punishment.We do not speak ill of anyone. "Imam is like a clean mirror. Whoever is bad speaks bad of others and us and they try to put blame on us but good people will believe we are good and will praise us .You all are good momins so make sure you believe me and accept me as your true murshid, so that you will do good deeds and will have good fruits of your deeds and you will be happy in this life and happy in life hereafter". If you sow a mango seed you will have a tree of mangoes but if you sow a bitter leaf tree what you will get is bitter leaves.You will reap what you sow this is the rule, do not doubt this principle. Now make sure you recognise the Imam of the time and make good friends with him, have love in your heart for your Imam and do good deeds..Never talk or do bad for anyone. if someone is bad leave him to khuda. even if he speaks ill of you or me you do not do any bad deed He will pay for his action .Remember this is the sign of nobility.In this world everyone does business this place is a foreign place for an individual .His real home is "aakbat " Whatever he has earned he is going to take with him. no material things will go with him only his deeds will accompany him he will be very ashamed if he has done bad deeds. Make sure you remember this firman and always do good. I am the successor of Ali and Nabi both, whoever speaks ill or does bad they will not be able to do anything to me. I am not afraid of anyone.My house is a house of tolerance and patience.
Khanavadan.
BOMBAY, SEPT 1885.
What more does a Murid need? Thank you.