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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Letter to leaders including
Letter to leaders including Shafik Sachedina, M Manji, Aziz Bhaloo, M Keshavje...
15th August 2015
Dear Leaders (DJI-DDA-LIF-ICAB-ITREB-COUNCIL)
I refer to the email below from NAGIB and Alnaz. We request again for your response to the proposal to meet, end the lawsuit internally, and to work together going forward ( As Imam has said, and says).
If necessary to jointly request & meet Hazar Imam (together with Alnaz and Nagib), and avoid continuing the lawsuit externally in court , and the 2 day trial.
Let us all do what Imam says (and Shafik what you said Imam said to you to consult). I refer to our meetings and what you said to me. And your emails & attempt to sue me for sharing our Ismaili anthem). And your promise to Mansoorali regarding his list of 14 matters you promised to action.
AND PLEASE READ WHAT the UK new Ismaili Council President & VP said recently.
" We will be working with Mukhi-Kamadiasahebs AND THE JAMAT.."
Therefore they are promising to work together with and to respond to the Jamats requests, feedback, and concerns (They must honour what they say & respect what Imam says)
TO JAMAT FROM
Liakat Hasham and Farhad Mawani (New President & Vice President of the Jamat for UK & UK jurisdictions)
" Mawlana Hazar Imam has graciously appointed a new leadership group to SERVE THE JAMAT We humbly accept this seva and formally pledge our allegiance and devotion to the Imam (FARMANS)
The work of the institutions continues in earnest over the next term, building on the strong foundations laid by our predecessors. Whilst the institutions will continue their work FOR THE JAMAT priority will be given to, help newly arrived murids moving from areas of conflict to settle in Europe, improve the quality of life of the ultra-poor and elderly, and to facilitate our youth to reconnect with the community.
Our institutions are not detached from the Jamat and in embracing the words of Hazrat Ali: “No honour is like knowledge, no belief is like modesty and patience, NO ATTAINMENT IS LIKE HUMILITY, no power is like forbearance, and NO SUPPORT IS MORE RELIABLE THAN CONSULTATION”
We will be working with Mukhi-Kamadiasahebs AND THE JAMAT to achieve these objectives, and to build capacity leading to the Diamond Jubilee year.
On a final note, we say Mubarak to all the new appointees. To the retiring members, thank you as we count on your support and Insh’allah, be blessed with the opportunity to serve together again."
Message to them from Jamat
THE JAMAT IS looking forward to getting Farmans and to the ending of the lawsuit as directed by Hazar Imam and to the teaching and access to material on rites ceremonies and practices, and getting a full copy of our constitution which is a Farman (as defined by Imam).
On 16 Aug 2015, at 14:07, Nagib Tajdin wrote:
You are right, differences should be put aside and concerted effort should be made from all of us because ultimately we all have a common goal which is to advance knowledge.
This is also my position about those who have mistreated us at the highest level. I have no grudge with them.
After all, we are Ismailis and we should all work together under the guidance of the Imam. This world is not eternal. At some point we will all be accountable. Each of us has a product stamp behind his neack, it says "Expiry date: ....."
nagib
YAM,
With all these discussions going back and forth, there one point worth noting.
We made very serious allegations of fraud - that Hazar Imam's signatures were forged, and attacked forcefully some officers.
Our meeting was not recorded - none other than Gary who directed the court reporter to shut it when Hazar Imam spoke (anyone wonder why?). Yet Hazar Imam has not publicly supported his officers or staff at all.
If the fraud had not happened, Hazar Imam would have, one way or another, told Jamats and others that His officers and staff were innocent. That these allegations were not true.
In fact, Gray's turning off the recording is itself proof of our positions. If Gray knew that forgery had not happened, if he was retained by Hazar Imam then there would not be a need to turn off the recording.
He was scared that we would be proved right by Hazar Imam. And Hazar Imam did just that.
Eg. Hazar Imam finished by asking them, why they could not work with us. If only this was point was recorded, it would have been sufficient.
Gray's actions prove the points without further evidence.
And I note that we have publicly stated hundreds of times about what happened in 28 minutes with Hazar Imam. No one, Gray, Sachedina, or Manji has even once refuted it.
Also would Hazar Imam not become very angry and furious at the two of us if we totally misrepresented what he said during our meeting. I think that this (our lying what happened during our meeting) would be sufficient him to publicly chastise us and even excommunicate us.
And Gray too could have asked the court to condemn us for lying. In fact, I as a lawyer would also be disciplined by my Law society.
But we confidently go about talking and writing publicly without any fear because we are right.
Sachedina is very rich and powerful and if we were lying and continue our allegations of fraud, he could have brought libel and slander case against us to restore his name and have us publicly ruined.
I have most to lose because I am a practising lawyer yet Sachedina has done nothing legally to make me account.
But because truth is complete defence against libel or slander he can not do anything to condemn me or to restore his credibility.
Alnaz Jiwa