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Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29

Date: 
Thursday, 2010, April 29
Location: 
Source: 
Heritage News
20100429-court-filings.jpg

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 from Tajdin and sells it for C$50.00, 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

Latest News Comments

AttachmentSize
Tajdin Defence Apr 29.10.pdf491.02 KB
Jiwa AK Defence Apr 29.10.pdf543.82 KB

Comments

Also read 36.2 - the Boards

Also read 36.2 - the Boards can remove a Board member and they have to simply notify Hazar Imam - so when SS and Co tell you only Hazar Imam can appoint them and remove them they are not telling the truth. That is why the multi positions and musical chairs so their own people are in majority in key Boards and why they hide Farmans and constitution , and they don't tell you who are in each of the boards of the Jamats companies which belong to the Jamats as Hazar Imam says in Farmans.

My Reply to Pakifellah - U. S. A.

@ Mansoorali Abdulrahim Noorani
On March 12th, 2013 Pakifellah (not verified) says:
All my life all i have seen THE IMAMAT is hurt and misused by our leaders more than any one else, whether it be a volunteer or imara leadership or ITREB or SS AND COMPANY. A very good example in todays history is right in fromt of our eye did any thing change in the world of mercenaries after the big institution changed it name from NOIR EAU to you know what. Did the crime against humanity stopped by the name change? NO.

my reply :

Dear Pakifellah , u s a , Ya Ali Madad ,
Eji Bhav Hu'a , Pan Bhakti Na Hu'i , Jivdo Uthine Chalyo Udaas ji ,

Thanks ,

Your suggestions - submissions are good , but , we can't ex communicate any body , ....and we are not intending any body to be punished , untill they them selves , force us , to get done them punihed by law ,
Intention of serving - working for , Imam - Jamats , is Important ,

i once inquired here with a travel agent , as to , i am thinking to visit U. S. A. , what could be the expenses ? ,
he replied , not a single coin ,
i was astonished , ....why ? ,
said , for Thinking only , ...no Expenses ,
...if you Really wanted to Go , then only Expenses !

i have earlier cleared here so many times , that , writing of thousands of letters - e mails , can prove you a hard labourer , but with no results , in the interest of jamats , (may be any personal interest , but , it can't be transmitted as jamati interest ,.... jamati interest should be felt by jamats and readers here ) , and , forget , that , i will do it , say , we will do it ,

we need result oriented labour , one should come here , not only with problems , but , with solutions , if you describe a person , once or thousand times or ten thousand times as bad , ....it is same only , but , by describing him bad , for thousand or ten thousand times , what you want to establish ? , that , he is bad ? , nothing else ? ,

so , try to come here , not only with complaints and suggestions only , but , come with solved problems of jamats , by you and /or others , i don't claim so , but , it does not mean , that , i can't expect from others here ,

just for information only , an example from my recent experiences here in india , .......an ismaili lady (widow ) , was in difficult condition , and , could not pay monthly high rent on leave - licence agreement for her residence with family , so she repeatedly requested for long time to mk , board members , committee members ,etc . , for to grant some loan for heavy deposit , but , no response - saying ,that , no funds for ,
during discussing with some other ismailis , she was advised to contact me , ...she met me , ...i got her written an application to one our jamati institution , ....after few days , she started receiving calls of threats from our some ' leader ' , that , soon submit apology in writing , for writing such application to our such institution , .....she was affraid , .......she informed me , .... i got her written a letter again to same institution , and , it was a time bound letter , .........within few days .....to day in the morning , she informed me , ......that , yesterday evening , she has been given said loan ,
.....this is the way to be adopted , they teach us , how jamati works could be got done ?! , .....
thank you ......ya ali madad ........!

Change & solutions

Change begins woth You ! and if you change and are willing to change first.

Are you sharing Farmans and information with others ? Most of the Jamat do not know.

Change does not come overnight or just because you have a new Leader - you are right, look at America and Egypt today ? If Shafik Sachedina resigns or all other leaders remove him from the 16 Boards. That will be Great, but only a great beginning of the Change we need.

The solution is for you to seek and share Farmans and share the truth about those who are blocking Farmans, reports and also material resources of the jamats, from the the Jamat.

The roots of all the

The roots of all the mismanagement in the community is only few people, maybe 4 or 5 and if these were to be removed, the affairs of the community would come back on the right track.

There are key positions where we need people with very high professional caliber and high level of integrity and ethics. Amongst the Key positions, I would say the Chair of LIF, ICAB, the Secretariat.. The secretaries of all main institutional bodies because they are like an interface. If the interface is corrupt, no data would go from Imamat to Jamat.

You can have 2 multimillion dollars worth of equipment but if the $5 cable between them is not functional, both would stop communicating. This is what is happening, we have extraordinary institutions in the Ismaili community, we have extraordinary people both paid and volunteers but some key positions are so corrupt that they make the whole system fail.

Especially the I-CAB which is the highest Judicial Institution on which we should be able to rely for the checks and balance but which unfortunately is the most corrupt of our institutions and the biggest failure in term of integrity and ethics..

You have hit the nail on the

You have hit the nail on the head so to speak. What is needed is for no Leader to have more than two positions at the same time. Replacing just the Chair of any or many Baords will not change anything. For exmaple they have a new Chair of LIF. The core decision makers in LIF are the same. In ICAB they have a majority of the Board in their inner circle, who are more interested in material self interest. What is needed is transparency and the key positions with new people who love the Imam and the Jamat, and for whom what Imam says is more important and for them the Jamat comes first. They will thereofre not allow, or not be tempted into holding onto the trappings of money and power for themselves and their familiy and friends. .

@ Mansoorali Abdulrahim Noorani

Ya ali madad: I completely sync with your reply, but the story of that lady you quoted my question is:
1) did MHI give those leaders permission to treat his troubled murid be treated in a degrading manner.
2) did MHI give out instructions to those appointed, to THREAT and marginalised and humiliate the needy and then solve their problems.

recently I had a very close observation of a matter of divorce, and what did I saw same arrogance from the committee, one committee over riding the other saying we will drag more money out of the defendant one way or the other, while both parties are are willing to close and leave behind and move on with thier lives, and the defendant had to go to court to settle and that matter was solved so smoothly through court, I wonder why they even approach this committee in the first place, this is just one example, you are in the forefront you know all the tactics they play.

and when you say:
" so , try to come here , not only with complaints and suggestions only , but , come with solved problems of jamats , by you and /or others , i don't claim so , but , it does not mean , that , i can't expect from others here "

here is what I wrote, it is a complaint and a suggestion:
"Here is the simple and the only solution. REMEMBER we have given our BAYAH to our MHI we are not in conflict with our Imam we are in conflict with the management that has become a MAFIA, the mafia who is blackmailing us in the performance of our relegious rights, the messenger/s are stealing our mails our parcels of FIRMANS and have blocked our communictions with the imams, LETS KICK THEM OUT OF OUR DEEN LETS EXCOMMUNICATE THEM through the same venue and system they use to malign NAGIB AND ALNAZ and many others. LETS TAKE THEM TO COURT IN EVERY COUNTRY WE HAVE A ISMAILI POPULATION. DRAG THEM EVERYWHERE TILL THEY SWEAT FROM THEIR BEHIND. I hate to read in every post someone is making a request PLEASE MR ICAB PLEASE MR SS BLA BLA AND BLAH. If that Mansoor bhai from india can do it in INDIA WHY CANNOT it be done in Canada or the USA or the UK."

can some one please expalin HOW DO PEOPLE GET EXCOMMUNICATED the process????
are the person/s excommunicated in the past were thry excommunicated on whose complaint, and was there a due process, If MHI excommunicated those individuals, then someone must have forwarded the reason/s in the application to the IMAM for such an action, who were those applicants NCAB ICAB or some other Jamati institution.

Was there anyone excommunicated on the complaint of an individual (jamati member) like us with no affiliation to any of the institutions what so ever.

The suggestion is also in that same paragraph, why cant we ask for it, the leaders think and have the assurances that they are above the law. but one individual from this forum cannot do it on his own , he will be fried and grilled this hase to be a collective effort, as they all stand togather in good decision or bad decision, we must have a collective voice.

Our application even if we draft it will not reach it recepients we have seen that happen in the copyright case, that is the reason why I suggested the venue of dragging them in court, there must be a way for us to contact and bring our application to the MHI. His decision will be the last, we will accept it no matter what. May be if excommunication is out of the question atleast a SLAP ON THE WRIST or maybe he fire some one or may some strict rules and regulations for the leaders, we will accomplish some thing for the betterment and the interest of the JAMAT or in the worst scenerio we might get the FIRMANS WE WANT so bad.

THINK ABOUT IT PONDER ON THIS, YOU KNOW WHERE TO FIND ME FOR SUPPORT, I LIVE VERY CLOSE TO YOU GUYS, IN YOUR CONTACT LIST.

BTW I have no personal animosity with any one either in the leadership or anywhere else but my rule of thumb is if you took an oath to SERVE THE IMAM AND HIS JAMAT you must perform accordingly and as per your suggestions Mansoor bhai I am give your way and suggestion a try, I am going to request today on your say:

Dear Mr leaders:
This is a request to you all leaders of DJI (either a legal entity or not if it is there it is) I know you guys are reading every word that is written here, and I also know you guys own MEN IN BLACK to do your dirty laundry, but let me tell you your cleaned laundry will not look good to you when you put them and look in a dirty mirror. You guys looks like and feels like are in your 60's or may be 50's, you are not immortal I mean your roller coaster is now in the descending mode, the ride will end soon, and I don't want you to say to those angels I was so busy I never got a chance to repent and the answer would be sorry guy as we angels do our job with utmost loyalty and dedication to our Master Allah, you could have done so by serving your Imam and your jamat, time to go big guy btw the angel on the left is getting crushed from your baggage, have done any good for me to carry, are you ready for a bumpy ride.

YA ALI MADAD

@ Pakifellah , u. s. a.

Dear Pakifellah , Ya Ali Madad ,
......i will write in details afterwards , .....but , so far as matter of Excommunication of Certain Leaders , proposed by you , is concerned ,
.......my reply is only , that ,
......First confirm , whom you want to excommunicate ? , and , Secondly , confirm , that , whom you want to excommunicate ? .....are' ISMAILIS ' ??....or , Non Ismailis in the Eyes of Jamats and Imam ? ,
......after Becoming Leader , they have stopped behaving like An Ismaili , with Jamats - Imam ,
.....so , when their Status is already of a Non Ismaili , then , where is question of excommunication of them ? ,
......they are already excommunicated , in the eyes of Jamats and More in the EYES of IMAM ,
...so don't worry , Go Ahead , and , don't do anything to excommunicate who are excommunicated , or , they will start entering ISMAILISM , by applying in CABS , ( who are also like Non Ismailis - and ...- it will create more complications then - so be calm only ) , if from here they come to know , that , they are already - taken granted - as excommunicated - as non ismailis , by Jamats - Imam ........ya ali madad .....!

Letter to Mr Noordin nanji

Letter to Mr Noordin Nanji and Nazmin Kassam 11 March 2013 - When and,Were these rules approved by Hazar Imam or by the national Councils

Regarding Nagib Tajdins' complaint against Shafik Sachedina , and evidence submitted of forgery of Imam's signature, and rules - process  I have been informed by Nagib Tajdin, ICAB  dismissed his application without hearing or submissions of related documents or submissions on jurisdictional issues”  ICAB reply was : "we have carefully read your appeal material and have found nothing new, therefore the appeal is rejected and our Order stands.".

Therefore under the rules  why was this not referred  NCAB UK or Canada ?,  and then special Leave to ICAB,  and then a review and appeal by ICAB. Please confirm that ICAB  can and did jump our constitutional process ?  In the lawsuit against Nagib and Alnaz, NCAB or ICAB were also not consulted by Shafik Sachedina, Aziz Bhaloo, Mohammed Keshavjee and Azim Lakhani.  

Please let me know if the  above is not correct and can you please clarify. 

I note the ICAB/NCABS disciplinary rules for UK were approved by NCAB UK in May 2010  (signed), and by NCAB  Canada in Feb 2010 (unsigned);  Can you please also; 

1                   confirm the date and when Hazar Imam approved these and any related  rules  (or whether Hazar Imam did not and or did not need to approve them)

2                   Confirm the date when the National Councils of Canada and UK approved these rules (or were they not required to do so under the constitution)

3                   Confirm the date when these were prepared by ICAB and drafts approved by NCABS and National Councils ( before they were approved by ICAB and presented to Hazar Imam for approval)

WHO IS WHO

we have been hearing a lot about these people in leaderships like SS, manji, keshawaji etc. etc. etc. and we all know they
are corrupt, I have a request would anyone care to expose who these people are? what are their businesses and how many positions these individual hold in the jamati institutions, I want a details ONE BY ONE is this possible where SS comes from besides being MHI secretary or PA what does he do , how many businesses he owns himself or through proxies. and like that other actors biographies.

YA ALI MADAD

Why

Why would like all of this info ?

Why ? !

Dear Anon , Ya Ali Madad ,
Why would You like to Question like this ?! ,
Any body here can ask any related information on certain discussion here ,
and there is nothing wrong , in asking and / or providing any such informations here ,
and , intension any way of serving Imam - Jamats , at any level , through such information/s , is important ,
ya ali madad ,

On March 12th, 2013 Anon (not verified) says:

you asked " Why would like all of this info "

my question is why not, are you one of them who got cold feet of getting exposed OF CORRUPTION or worrying about the chair slipping away from underneath.

ya ali madad

To blind yes men pity or anger ?!

my reply to

These are issues that may go

On March 8th, 2013 librarian-umed says:
These are issues that may go as far as the Supreme Court.

But to start helping the Jamat worldwide, you need first a strong judgement from High Court that says that no Indian citizen can be subjected to any community Constitution such as the Ismaili Constitution unless they have open access to all of the supporting documents including the Constitution, the Rules and Regulations, the Cases, the Farmans that supersede some articles of those R&R or other documents.

This will ensure that the Ismaili Constitutional documents which are hidden on purpose from the Jamat becomes available not only in India but elsewhere also.

.. Dear Umed , Ya Ali Madad ,
......Surely an important suggestion , .....and i will put forward this as an important issue , before hon. court for consideration ,
story of ' our constitution ' has become like story of a king , (aiglemont leader ) ,
.....no cloth seen , but , all blind - yes men , have to say , ' yes it is there ' ,
if not said yes , .....then , ' sword on neck ' ,
so , ......feel ' pity '..... yaar , .....for such help less 'blind - yes men ', instead of anger ,
ya ali madad ....!

I agree but also the Leaders

I agree but also the Leaders down the line and many of the yes men do not know the truth and do not want to know. I see in UK there are complaint before NCAB UK and ICAB. Once they do the same as in India, I have no doubt that these will go before the courts in UK. One of the issues to be decided by the court will be that the full constitution as intended and confirmed by the Aga Khan must be made available to all Ismailies and since they were not all the rulings before can be challenged and dismissed. ALL

Having said that the present leaders and the yes men will fight thee cases and use their and the Jamats resourses to even the supreme court.

The good news is that all the jamats are reading wacthing and listening

@ bloglaw

" The good news is that all the jamats are reading wacthing and listening"

I agree with what you are saying here is a suggestion to the moderator of this forum, is it possible to put a counter on this webpage so we know how many visitors visited this forum and from where besides the participants and the authors, so we know and measure the mental status of the jamat or are they the SILENT AUDIENCES waiting for a change or may be a VICTIM of this bureaucracy and holding their silences because sometimes or a lot of times they have been told it is a big sin to talk or question the establishment. PAAP LAGAY GA.

YA ALI MADAD

yes good comparison. The

yes good comparison. The invisible clothes are the DJI, it does not exist but they all are saying it is there, we see it. Doesn't matter there is nothing on it in the Constitution, doesn't matter thre is no Talika or Farman, they all see it.

Renaming CABS.........How will it look if ....

My rely to

We have to wait for the next

On March 5th, 2013 librarian-umed says:
We have to wait for the next revision of the ismaili Constitution. Maybe in view of what is happening, Mowlana Hazar Imam will change the name of the Conciliation and Arbitration Board for a more appropriate name. Unless he gets out all of the corrupt people and replace them by new blood. It has happened in the past. Drastic changes of all leadership at once.

reply Canada
Dear Umed - Ya Ali Madad ,
...Hopefully , .....New Name is required to be given , but ,
....how will it look ? ,
....if i suggest Re - Naming as , " Conciliation and Arbitration Board for Divorce , or ,
.....(only) ....Divorce Board ?!
.....i am inspired to rename such , only from the Percentage of Divorces of the Total Cases came up for their Solutions
before Honorable CABS ! ,
.....i have Heard of Some Cases , .....Got Tired off , and , .....Left Fighting , and , .....Got Reunited of their Own only ,
.....and ......this happened , because of Solid Delay in CABS ,
.....is it one of the Reasons , that ' , They do Delay , and with such hope only ? ,
.... that , Disputants coming to CABS , on going out side ,
may Advertise , in jamats , that ,
.....if you have any dispute , solve your selves only , .....don't go to CABS ,
.....UNLESS / UNTIL ......
you are sure you have power to continue fight till next generation , if you have generation ,
.... and , if you have no generation , then , if you can you wait as having , ' no generation ' for next 5 / 10 / 15 / 20 years ......
Principle Applied - if you want to kill any body , you have to ' some thing '
but , if you ' do not do any thing ' , it will die itself only (suicide ) , .....Result is Same ,
.....so why to be Blamed as ' Killer ' instead of ' Honored '?! ,
.....ya ali madad .....!

@ Mansoorali Abdulrahim Noorani

All my life all i have seen THE IMAMAT is hurt and misused by our leaders more than any one else, whether it be a volunteer or imara leadership or ITREB or SS AND COMPANY. A very good example in todays history is right in fromt of our eye did any thing change in the world of mercenaries after the big institution changed it name from NOIR EAU to you know what. Did the crime against humanity stopped by the name change? NO.

So what should we do to bring about that change. The President of the USA won the election twice i the name of CHANGE AND CHANGE WE BELIEVE IN, right, did the killing of innocent men women and children in the islamic countries stopped, NO did the economy got better NO Is the lying and cover ups stopped NO the only change I see in the USA is the blacks have a smile on their faces because the President is black even though the blacks are more miserable then ever.

What am i trying to say is, if you even or ever succeed in getting rid of all the culprits or culpritesses you will change nothing because their idealogy is rooted deep in the smallest of our jamati instituttions. This undertaking will be as big as getting rid of all the IDOLS from KHANA-E-KABA by our beloved propbet Muhammed (SAW) and 1500 years later not a single idol in that holy mosque. are we ready for that. I dont know about you guys but I am ready, SIMPLE solution EXCOMMUNICATE them so the small parasites can learn and never even try to think about it doing anything stupid and absurd.

Now as we all trying to bring ARAB SPRING into our corrupt system and expects a clean up of bad apples, we cannot run around destroying the infrastructure, we can do it in a more civilized manner we have the ammunations of education and professionalism.

Here is the simple and the only solution. REMEMBER we have given our BAYAH to our MHI we are not in conflict with our Imam we are in conflict with the management that has become a MAFIA, the mafia who is blackmailing us in the performance of our relegious rights, the messenger/s are stealing our mails our parcels of FIRMANS and have blocked our communictions with the imams, LETS KICK THEM OUT OF OUR DEEN LETS EXCOMMUNICATE THEM through the same venue and system they use to malign NAGIB AND ALNAZ and many others. LETS TAKE THEM TO COURT IN EVERY COUNTRY WE HAVE A ISMAILI POPULATION. DRAG THEM EVERYWHERE TILL THEY SWEAT FROM THEIR BEHIND. I hate to read in every post someone is making a request PLEASE MR ICAB PLEASE MR SS BLA BLA AND BLAH. If that Mansoor bhai from india can do it in INDIA WHY CANNOT it be done in Canada or the USA or the UK.

That was the intent of my last post yesterday @ WHO IS WHO. lets start working andd acheive something for our brothers and sisters in faith, As for me I am not an educated person I got enough education to understand. but you guys are professionals in some i see the qualities of attorneys and lawyers, and I promise if you guys ever need me I will support you like a dog till the end, but DO SOMETHING just exchanging emails on this forum has done nothing, all there is I see is comments " you are right blog and i agree with you umed and intregrity you got a point and kacoomber just mixes everything and turns it into a delicious kachomber (just kidding kachomber bhai it is just a joke) LOL

ya ali madad

Appeal to ICAB

Appeal to His Highness the Aga Khan Shia Imami Ismaili international concilaition and Arbitration Board Attention Noordin Nanji

"
To ICAB and To NCAB UK 7 March 2013

I refer to my complaints against Shafik Sachedina, A J Dharamsey, Azim Lakhani and Mohammed Keshavjee individually.

I re-confirm my appeal. NCAB UK have acted unfairly, and erred under inter alia, our constitution, Farmans , constitutional rules, the ethics of our faith, and the UK law.

I look forward to receiving the ICAB appeal rules and the procedures. I also request you to let me have the information requested from you, particularly but not only, after the First order by NCAB UK on about 24th December 2012.

I also confirm that I will use all earlier emails I have sent to NCAB UK, and to ICAB, and or copies of emails to both of our Boards who are acting as judicial bodies in these copmplaints.

Regarding Mr A J Dharamsey. - The basis of my complaint is not that A Dharamsey is not an Ismaili. I requested NCAB UK to consider and rule as a “Judicial body”, if Mr Dharamsey is an Ismaili, and whether he revoked, his Bayah based on the evidence provided. If NCAB decided he did revoke his Bayah then to decide if he was readmitted and was the constitutional process followed in re admitting him as an Ismaili. NCAB have erred and have not considered the evidence, or sought further clarification, and or evidence, knowing full well also that NCAB Canada is considering a complaint from Mr A Dharamsey as an Ismaili, against N Tajdin and A Jiwa. And further knowing that the evidence in those and other complaints forms a part of my evidence , in my complaint to NCAB UK including against A J Dharamsey.

NCAB UK have not given, any support, assistance, opportunity as a judicial body under our constitution, ethics and Farmans. NCAB UK have also not given me our full constitution, rules, regulations, process and or farmans or the law of UK which they are required and obligated to do.

I will be making further submissions after I receive details of the procedures, and information I have requested.

Please acknowledge receipt of this appeal.

M Chatur "

A mokery and Laughing !

They are making a mockery of justice and our community and NCAB and ICAB will be a laughing stock and a joke - Reading this appeal and their decisions before
http://ismaili.net/heritage/comment/reply/29740/16110

History is unfolding. The

History is unfolding. The world and the Jamat are watching NCABS and ICAB in action. circle in action. For the first time the Jamat is getting clear proofs and evidence of what SS and co are not doing and what Imam is saying in Farmans. We owe this to this Website, Nagib Tajdin and many who are now sharing and speaking out.

NCAB UK has not replied to the complaint by Gafoor. Will they do the same as in the above case ?

NCAB is unfair and wrong ..

NCAB UK is a “judicial body” under our constitution. This is similar to international Judicial bodies (and courts). The same rules of law, fairness and justice apply to NCAB UK. Under our constitution the law of the land is to be considered by NCAB UK.

NCAB UK have an additional obligation to take account of the ethics of our faith, our traditions, and farmans. NCAB UK must also take account of the law and rules of the courts. In this case the UK law.

NCAB UK have clearly not done so !. NCAB are also are saying office bearers are not equal and they are above our constitution, Imams Farmans and the law..

Anyone can tell you that is wrong and that we are all equal under the eyes of the law, Hazar Imam and our constitution.

Leaders and office bearers, they have not less, but more and additional responsibilities in serving the needs of every murid, equally.

Azim Lakhani and N Kheraj

Azim Lakhani and N Kheraj are Directors of NHS in UK UK and are also serving in AKDN - our constitution and the NHS constitution and the laws are the same - so why block Farmans and our constitution and refise to give teports to the Community - Jamats - What the are obliged to do in NHS and they do !
"Duty to involve and report to the public. NHS bodies are under a legal duty to involve people who use health services or their representatives in decisions about those services. This duty applies to strategic health authorities, primary care trusts, NHS trusts and NHS foundation trusts. The duty applies
to the planning of health services, proposals for changes in the provision of services and decisions that will affect the way services operate. Strategic health authorities and primary care trusts are also under
a legal duty to report publicly on how they have involved people in their activities and on the impact of
the consultation on their decisions. Members of the public are also able to attend the board meetings of strategic health authorities and primary care trusts. There are opportunities to give feedback on local services through regular surveys.

More resignations !

Naquib Kheraj is on the same Board with David Nicholson at NHS commissioning Board UK. N Kheraj was on Barclarys Board.and Finance Director of Barclays Bank.

" Many Members of Parliament in UK are calling for Sir David to quit. Bill Cash, the MP for Stone, asked whether there was "a single person in this room who thinks Nicholson shouldn’t go?". More than 10 MPs agreed with Mr Cash that Sir David should resign, with only one backing the NHS chief, heaping pressure on the Prime Minister to take action.
Andrew Lansley, the former health secretary, who spoke at the meeting, was said to be "businesslike" in his assessment of Sir David..There were signs yesterday that the Prime Minister and other senior Government figures were distancing themselves from Sir David, who was said to be in a “precarious position” .

Accountabilty & Responsibility

Our Leaders need to read this - Mistakes admitted and what Leaders are doing collectively - the right thing to do is the person at the top to be held to account, and resign !

"Today’s Health Select Committee in UK quizzing of David Nicholson is crucial. As we uncover just what David Nicholson knew of failings in , we begin to uncover the extent of a culture of cover-up, gagging, lack of accountability and dispatch-box friendly targets ahead of caring for patients.

Why does this matter? The truth is that silence has cost lives – possibly thousands of them, and if accountability is to mean anything at all, the man at the helm should be held to account. That is why I have tabled a motion for David Nicholson to go, that now has been signed by 20MPs, and has support of a further 22.

More change in UK - the

More change in UK - the culture of self preservation - change may come sooner than they may think - The government today announced that the protections available to whistleblowers are to be strengthened further.

The proposed amendment to the Enterprise and Regulatory Reform Bill will mean that individuals, who make the difficult decision to blow the whistle against their employer, will have protection from instances of bullying or harassment that may come even from their co-workers.

This protection, known as “vicarious liability”, mirrors provisions which already exist in equality legislation.
The amendment will:

introduce a provision which treats detrimental acts of one co-worker towards another who has blown the whistle, as being done by the employer and therefore makes the employer responsible; and provide a defence for an employer who is able to show that they took all reasonable steps to prevent the detrimental treatment of a co-workers to towards another who blew the whistle.

Cases in india......what next .....?!

Dear All - Ya Ali Madad ,
...it were matters before hon. court , on 1/3/2013 , in morning ,........... in DJT case , it was for arguments on point of jurisdiction of this court , issue raised by defendants , ...... it was adjourned , for 20 march 2013 , ....in NCAB + ITREB + NATIONAL COUNCIL case , it was for draft issues , to be suggested in writing by me , ( points suggested by me , to be decided in this case ) ,
i suggested following issues :
(1) whether the defendants ( ncab - itreb - national council ) along with their board members can act and funcion as honorable court in our community ? if so under which provison of law?
(2) can defendant no. 1 ( ncab) , in the name of " concilliation and arbitration board " , grant divorce - grant permission to divorce , to any of the spouses ? against the willingness of counter spouse , and can defendant no. 2 , (itreb ) support their activities by making announcements in jamatkhanas ( prayer hall ) ? , and can defendant no. 3 under it's supervision allow them to do so ?
(3) should the defendant no. 1 (ncab) grant divorce - or - should advise to go to hon. court - if dispute could not be solved between husban and wife ? ,
(4) can defendant no. 1 (ncab) , warn any of the spouses for not going to hon. court ? ,
(5) should there not be difference , in proceedings of "concilliation and arbitration " and " hon. courts "? ,
(6) is there any difference here , between defendants CABS proceedings and hon. courts ? , are defendants not running parallel courts ? , in our ismaili muslim community ? ,
(7) the judgement passed by defendants , CABS courts , should be cancelled /revised or not ? , as far thy are illegal and against provisions of law ? and without any legal authority to do so ? ,
(8)should the defendants illegal working in form of hon. courts be cancelled or not ? ,
(9) while defendants no. 1,2 and 3 , and all their board - council members working as hon. court , in the disputes between comunity people , can they stop directly or indirectly , community's any comlainant members , from making any complaint in the criminal offences , against any community members or others , who are accused - offenders of serious offences under IPC ( Indian Penal Code ) etc , and , can they stop them from going to any out side legal authority , like police station , hon. court ? , and , by doing so , the defendants boards members then can save and protect this way offenders from legal consequences , which they are to face ? , and , can they clear out the way to escape from legal criminal liabilities , and , to help offenders to regularize the criminal offence into genuine act ? , and , by doing so , are they , defendants -boards council - members , who help criminals this way , should not be considered , same as those criminal offenders ? ,

so , these are the issues - points , submitted by me , before hon. court for consideration ,

under the effect of such facts - circumstances , in this and/ or other case/s , in past or present , in CABS , .....it is possible , that , in the matters , before CABS , not advising - allowing or stopping , any of parties , for going to police station , hon. court , .....in cases of matters , inclusive of criminal offences , and , conduct the case/s , ......then ....the Chairman / Chair person / President + all members ( of concerned past or present ) , of any concerned CABS , ( may be RCAB + NCAB + ICAB , whoever conducted case/s , appeals ) + ITREB + National Council , ......ultimately become responsible of doing same offence /s , .............which were helped , by any of CABS , directly or indirectly , tried to be saved - protected , any way , the concerned accused - offenders , ......as per provisions of laws in india , ......for which a separate criminal complaint could be filed , in police station , or , hon. court , .....which could / may happen in india , .it is 3/35 am .....ya ali madad ......!

These are issues that may go

These are issues that may go as far as the Supreme Court.

But to start helping the Jamat worldwide, you need first a strong judgement from High Court that says that no Indian citizen can be subjected to any community Constitution such as the Ismaili Constitution unless they have open access to all of the supporting documents including the Constitution, the Rules and Regulations, the Cases, the Farmans that supersede some articles of those R&R or other documents.

This will ensure that the Ismaili Constitutional documents which are hidden on purpose from the Jamat becomes available not only in India but elsewhere also.

Comtempt or a lie !

When Leaders are not following Farmans, or the law, they must be taken to the Law. Especially NCAB and ICAB. The constitution says Leaders are not above the constitution or the law. Read what Mr nanji says in an affidavit in UK "..In the Ismaili community, as in the broader Muslim community, that when a problem occurs between brothers, the people around should intervene to solve it, and they should pursue all means in order to make peace between them. That brothers in religion should be willing to forgive each other and to reconcile their disagreements is testified to in a large number of Prophetic traditions, both the Sunni and the Shia, as well as in the traditions of the Shia Imams. For instance, Imam Ali, the first Shia Imam, has said: "Do not separate yourself from your brother unless you have exhausted every approach in trying to put things right with him. ... Do not be harsh with your brother out of suspicion, and do not separate from him without first having tried to reason with him... Seek reconciliation with your brother, even if he throws dust at you." (The Sayings and Wisdom of Hazrat Ali, published in England, 1994).

Mr Nanji , a Lawyer, swears this affidavit under oath in Court, and then does the very opposite ?

So If what he swore is not true it is contempt. On the other hand If it is true, but If he is not doing that. then he is going aganst ICAB regulations, Farmans, and the law which he say and admits it is the law !

Mr Nanji Oath

When you swear an oath; You are saying

1 What you are swearing is true and correct to the best of your knowledge and beleif - So in all cases do you Mr Nanji " to intervene to solve it, and pursue all means in order to make peace " IF you dont are in contempt and a hypocrite.

2 If what you say you are saying is true, then tell us what have you not done so regarding the complaints of Noorani, Nagib, Chatur, Gafoor and Dharamsey.

3 Mr Nanji do you really " Seek reconciliation with your brother, even if he throws dust at you."

When you take swear an oath of your position in a community, you swearing to serve the community which you are appointed to serve. Not only your buddies and family.

If you only pretend to do so, you are breaking your oath, commitment, allegiance and you are being a hypocrite and selfish.

If you were selflessly serving the Jamat and the Imam, then you would obey the Imams Farmans, and you would defend and protect our constitution, and not allow farmans or rules to be blocked from the Jamat ?

We have to wait for the next

We have to wait for the next revision of the ismaili Constitution. Maybe in view of what is happening, Mowlana Hazar Imam will change the name of the Conciliation and Arbitration Board for a more appropriate name. Unless he gets out all of the corrupt people and replace them by new blood. It has happened in the past. Drastic changes of all leadership at once.

There is no question that

There is no question that a major change is needed in our Leadership and their culture too. will Leaders take a Lead. ?
"The NHS in UK is in the middle of the biggest reorganisation since its creation. There has been intense political debate
The NHS is a very large and complex organisation. Most parts will be affected in some way. But the biggest changes are about who makes decisions, who spends the money. More transparency and accountability with the staff public who complain will be welcomed, protected , and all complaints will be investigated and addressed.

Next Steps ...

Letter as received - " Read and help by doing what Imam is asking you to do. Help the Jamat.

A The Cases in court in Mumbai – Next hearing 20 March 2013;
1 ITREB - not giving all Farmans, or constitution to the Jamats -
2 NCAB – Not acting and following our constitution, Farmans or the Law
3 National Council - not following Farmans, the constitution or the law -
4 Diamond Jubilee Trust - Collect money in JK from the Jamat and not giving information – submit arguments stage- (Read the issues below)

B Why are the cases in Court – root causes
Top Leaders are not doing what Hazar Imam is telling them to do in Farmans and our constitution; (see Farmans below) . Including
1 When they met murids, instead of dialogue and conciliation, some are threatening muirds
2 Refusing dialogue to resolve issues and address the needs and concerns of murids in question and generally.
3 Not giving farmans, information and the constitution to the Jamats.
4 Those who ask are marginalized instead of being welcomed
5 not giving reports of the Jamat and for the Jamat, to the Jamat
6 Making decisions and orders under Indian law, without giving the constitution, farmans or the law to the Jamats.
The solution is to work together and share all Farmans and reports. They are for the Jamat and belong to the Jamat
.
C The draft Issues submitted to the court by the Jamat/Murids
.
1 ITREB NCAB and the national Council are legally operating, and act under the Indian Law as judicial bodies. Are they allowed to do so and if so under what provisions of the Indian Law. If not are they not acting legally. Should they not give this information to the community members ?
2 NCAB , grant divorce and or grant permission to divorce , to spouses ? Are they legally authorized to do so under Indian Law, and even If one of the parties are not willing or says no.
3 ITREB supports the activities and orders of NCAB and are making announcements in Jamatkhanas (prayer hall ) of the decisions and orders of NCAB. Are they legally authorized to do so in law ?
4 National Council who control the announcements in JK allow ITREB and NCABS to do so and do so on their behalf. Are these legal under indian Law ?
5 If the dispute could not be solved between the parties by conciliation and arbitration and dialogue, then should legally NCAB be advising the parties to go to the courts, instead of forcing their decisions on the parties.
6 Can NCAB warn (force/coerce) any parties not to go to the Courts, if they do not wish to do so under Indian law – Should they be given the option.
7 Should the Quran, with all Farmans, Ginans and constitutions including all reports be made available to all the members of the community.
8 Is there a difference and should there be a difference in proceedings before the of "concilliation and arbitration Biards " and " Courts of Law "
9 Are NCABS running parallel courts in India for the smaili muslim community, and is this against the law in India
10 Regarding all the judgments given by NCABS judicially as a court. Should the Judgements be cancelled and or revised if they are not under the law and do NCAB have authority to do so under the law. ,
11 Can ITREB, Council and NCAB directly or indirectly;
a. stop any members , from making any complaint of criminal offences , against any community members or others , who are accused - offenders of serious offences under IPC ( Indian Penal Code ) etc,
b. stop them from going to any outside legal authority , like police station , Courts ? . By doing so , they are allowing offenders to get away with impunity , and ,
i. Allowing offenders to escape from criminal acts and liabilities , and or help offenders to regularize their criminal offences into genuine acts.
ii. By doing so IIREB NCAB and Council - boards council - members , are helping criminals, should also be considered, as the criminals ? ,

D What Hazar Imam says you must do !

1 NCAB, ITREB, Councils our Other Institutions
Institutions are there to serve all murids equally, not specific sections of the Jamat (for example those Shafik Sachedina and Company); “ .. You are one Jamat and the institutions are there to serve the whole of the family (jamat). .. I do not wish that the institutions should serve only specific sections of the jamat.. Imam said in London my leaders are not teeling you, meaning hey must tell you and if they don’t ask them to tell you.
2 Discussion and Conciliation
.. Our Jamat is one large Family. And just as problems between families, individuals in the Jamat should always be solved by arbitration, by discussion and friendship 9 Dec 1964
3 When matters are going wrong !
if matters are going wrong they should be put right without shame. There is no shame in saying this has gone wrong, let us put it right.,.
4 Rumors
“.I must warn you of rumors, & free talk.. There are ayats of Quran, beware of those who lead you astray beware not to be led by people who spread rumors ...remember that these matters are essential 14 Dec 1973
-Always, seek mediation and conciliation.
-Always, avoid courts of law, & related legal cost, with uncertainty and in some cases there can be injustice because the judicial system is sometimes corrupt.
-Always, find ways and solutions to meet and resolve differences, and
-Never, get into a situation where we cannot resolve differences by mediation and conciliation
-Never, let differences and conflict become a part of our psyche.
-We must always mediate at the earliest.

Multi positions and multi

Multi positions and multi interests - Letter to S Sachefina as received

"Will you agree to an independent enquiry (constitutional and institutional), regarding conflict of interests and loyalty. If there is nothing to hide you will, or you should do the honorable thing and resign.

A conflict of interest and loyalties occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in another. The presence of a conflict of interest is independent from the execution of impropriety or benefit received or a loss. Therefore, a conflict of interest can be discovered and voluntarily defused before any corruption occurs. A widely used definition is: “A conflict of interest is a set of circumstances that creates a risk that professional judgment or actions regarding a primary interest will be unduly influenced by a secondary interest.” Primary interest refers to the principal goals of the profession or activity, such as the protection of clients, the health of patients, the integrity of research, and the duties of office. Secondary interest includes not only financial gain but also such motives as the desire for professional advancement and the wish to do favors for family and friends, but conflict of interest rules usually but not only focus on financial relationships because they are relatively more objective, fungible, and quantifiable. The secondary interests are not treated as wrong in themselves, but become greater when they are believed to have greater weight than the primary interests and so motivated. The conflict in a conflict of interest exists whether or not a particular individual is actually influenced by the secondary interest. It exists if the circumstances are reasonably believed (on the basis of past experience and objective evidence) to create a risk that decisions may be unduly influenced by secondary interests.

The Jamat and the Good

The Jamat and the Good Leaders need to come together on this. " ...And what we’ve found, is that the community organisations when they come together — what do they look at ? It’s very exciting. Their whole basis of hope is built around best practice. They reject all the things that have damaged them individually and they come together and say that we want a new future, built around new people, whom we choose because we trust them.” Aga Khan 22 October 2912

What is best Practice for our community ?

Well done to ask the

Well done to ask the question ? And what Imam also says,

Past leaders
..I want to underline.. Leadership is not lost but continues. So past Mukhis .. and Kamadias should continue, and make available to the Jamat the wealth of your knowledge and experience. .. (23 Feb 1983 past leaders mulakat)

"In the Imams eye as I have just said you are never retired you are always leaders of my Jamat.." (April 1983 Past Leaders Mulakat)

Past leaders include Alnaz Jiwa and N Tajdin; Why then are these Leaders being marginalized and harassed by Shafik sachedina and why are you not stopping them ?

2 Rumors
" ..I must warn you of rumors, & free talk.. There are ayats of Quran beware of those who lead you astray beware not to be led by people who spread rumors ...remember that these matters are essential 14 Dec 1973

Therefore if you feel a Farman, announcement, Talika or information is not correct, then there is no shame in asking and verifying ( as Nagib did using THREE experts )

3 AKDN, LIF Councils and our Other Institutions
Institutions are there to serve all murids equally, not specific sections of the Jamat (for example those Shafik Sachedina and Company) What Imam says; .. You are one Jamat and the institutions are there to serve the whole of the family (jamat). .. I do not wish that the institutions should serve only specific sections of the jamat.

4 Discussion and Conciliation
.. Our Jamat is one large Family. And just as problems between families, individuals in the Jamat should always be solved by arbitration, by discussion and friendship 9 Dec 1964

5 Mistakes - When matters are going wrong !
if matters are going wrong they should be put right without shame. There is no shame in saying this has gone wrong, let us put it right.,.

Mohammed Keshavjee says

Mohammed Keshavjee says those who dont or cant must resign . Is he wrong too.

M Keshavjee Head of ITREB global for over 20 years, and Governor of IIS says those who cannot fulfill their obligations , must resign and he confirms the role of ICAB and NCAB who report to DJI/S Sachedina - .

"In the Fatimid Ismaili tradition, if the Muslihun (dispute resolver) finds himself unfit or unable to discharge his obligations, he must resign from his office, so that some other person, fit for the post, may be appointed in his place. It is also his duty to ensure smooth transition in office by training, educating and generally preparing people who may be able to replace him. The Muslihun must never select or recommend candidates for office out of consideration of their material affluence, friendly or other relations and clientage or in fulfilment of a promise, or as a favour returned or under a threat." read more
http://www.iis.ac.uk/view_article.asp?ContentID=110202

This is why we have the law

Can you imagine if everyone went around asking who ever they did not like or suspected, to resign based on
perceptions that were not proven - that would be a mess. So far, everything I've been hearing against SS has been purely
hearsay. Nothing has been proven. So far there has only been at least court case,
and it was unfavourable to NT.

Is the law above what Imam

Is the law above what Imam says and has said to Shafik Sachedina and Leaders ?

There are cases and by

There are cases and by asking for Farmans or for answerability or competence you are in fact doing what Hazar Inam is saying you must do ! Are you saying the Jamat must not do what Imam says ?

So asking for an enquiry on conflicts is the right thing to do and saying if he disagrees he is hiding facts, & not doing what Imam says in Farmans and the constitution . therefore he should resign, -

These are not perceptions but specified concerns. Not being transparent, not giving all Farmans for example which even Imam in Nagib's case and court agreed to allow all those who have the books to retain them - why did they agree ?

Read also the recent cases with NCAB and appeals to ICAB and cases ongoing in India !

The court case against Nagib proved Imam wants the book of Farmans to be shared, and Shafik Sachedina lied in court for example saying all Farmans are available in all JK even in remote locations - not true - right ? Not taking account of forgeries and do you agree the misinformation in the LIF announcemnts and Tslika ! Are those perceptions? no !

Imam says you must give feedback and seek competence ? did not Imam also say Shafik is not telling you what Imam is ? So Is not Imam telling you to ask him - Leaders in question ! Imam is .

Case at ICAB against Sachedina for forgery

There has been one case at ICAB (as per Farmans of the Imam, no in Court) against Sachedina for ciculating documents containing a forged signature of the Imam. ICAB which is a board of people very close to Sachedina has just decided that they do not have any jurisdiction for case against Sachedina. They are not interested in finding out if there has been a forgery. They do not care. Some people can (and will) produce a fraudulent Will of the Imam with a forged signature and they have the complete complicity of ICAB, nothing to worry there. They tested the system and it worked for them.

There has not been any hearing, no witness heard, just a decision without hearing. So Justice has not been served. The door is open for bigger fraud and forgery, these people will protect each other.

Manipulation of the highest ismaili Judiciary is not something our community can be proud of. Breach of Oath and Breach of Constitution by those who are required to protect it would ,in any other community, be considered as a very dirty game.

Hazar Imam has put in place a good system but people are so corrupt within the ICAB that the whole purpose of having a ICAB is defeated. Maybe that is how it is supposed to be during the Kal Jug. Indeed at least as far as CAB is concern, it is dark ages.

No wonder, the Imam said "My leaders get away with murder". Indeed they did get away with murder and He said that because He is the All-Knowing.

@ Umed

"My leaders can get away with murder?"
when and where was this sentence from MHI? absolutely appalling!
I am hearing it for the first time!!
please respond

From recollection, 25 years

From recollection, 25 years celebration IIS diner speech. To be verified.

Case at ICAB against Sachedina for forgery

Umedbhai, some people just do not get it................

Even when actual personal experience is there against the corrupt leaders............

In the time of KRISHNA, the righteous were actually coerced into keeping quiet, or
muzzled as per modern lingo.

Patience is what we need and let the "battle lines: be drawn.

Thank you.

@Dba

Did you not know - 6 FACTS ABOUT THE FARMAN LAWSUIT FILED BY SHAFIK SACHEDINA AND CO
1 Did you know that Mawlana Hazar Imam (the Plaintiff) has not filed any evidence nor asked for any evidence to be filed to defend his lawsuit? The only evidence in the lawsuit are two affidavits by Shafik Sachedina and Aziz Bhaloo, both of whom have admitted under oath they were not asked by Hazar Imam to file affidavits. Without their affidavits there would be no case because lawsuits without evidence are dismissed precisely for “lack of evidence.” So why did they file if they were not asked? And if Hazar Imam started the case, why hasn’t he filed any affidavits or evidence?

2 Did you know that Hazar Imam is, through other court actions now on going for 2 years, seeking damages and costs from the Defendants (two murids)? We know from history the Imams have forgiven those who have murdered members of the Noorani family or even previous Imams. We know in the Mir Bose case, which Hazar Imam initiated in the 1990s, he said he was only seeking to stop Mr Bose from publishing his book and was not seeking damages or costs.
Given this history and given the Imam is all merciful and forgiving, are we Ismailis to believe that our Imam would be so petty so as to seek damages and costs (over a comparatively minor matter) from a murid for merely publishing his farmans – 90% of which he has been publishing for 18 years with the full knowledge of the leadership and no issue whatsoever?

3 Did you know that Nagib Tajdin (a Defendant) told the Judge he will pay double of whatever amount Mr Gray (Hazar Imam’s lawyer) asks to end the action for damages and costs, but Mr Gray refused? Did you know that Alnaz Jiwa (a Defendant) offered Mr. Gray the full value ($4,900) of the 98 farman books he obtained and distributed, that is, taking the
whole value as profit, but Mr. Gray refused? Why would Mr Gray refuse? Is there another agenda?

4 Did you know that when Hazar Imam met the Defendants, in Toronto in October 2010, in the presence of Mr Gray, Shafik Sachedina and Mahmoud Manji (then National Council President for Canada), he offered the Defendants copies of farmans with annotations made by the Imam himself? Is it not strange, that Hazar Imam would offer such valuable copies of the farmans to the very same people he’s suing for not respecting his copyright; people he’s so angry with he’s even seeking costs and damages from them? And, is it not strange we are told by ITREB we cannot have farmans in our homes, but Hazar Imam offers his annotated farmans to two murids? Neither Mr. Sachedina nor Mr. Manji have denied this offer was made
.
5 Did you know that no contact was made with Alnaz Jiwa before the lawsuit was filed against him and that in the October 2010 meeting with Hazar Imam, Hazar Imam confirmed to all that he knew Alnaz Jiwa was not involved in publishing the farman books, yet Alnaz Jiwa is still being sued today? In fact, Alnaz Jiwa was not even contacted prior to the suit being filed against him. Not a single letter, e-mail or phone call to him from either Hazar Imam or the leadership. No dialogue or communication whatsoever.

In Badakshan, in 1995, Hazar Imam said:
“Differences must be resolved within the ethic of our faith, through dialogue, through compassion, through tolerance, through generosity, through forgiveness.” Are we then to believe that Hazar Imam actually sued a murid without even contacting him?

6 Did you know that in Madagascar, in 2003, Hazar Imam made a clear farman explaining Islam’s ethics on resolving disputes? “Remember that Islam says: try to find compromise in your conflicts, so that each may
retain their dignity. Islam does not say: there must be a winner and a loser. “And if, in your differences, you seek absolute victory, and in these differences there are losers, these losers are marginalised, they lose their position in society, they have great difficulty in rebuilding a sound future.

“Thus, I ask the Jamat today, when you have differences between you, find solutions of compromise so that each may come out of the situation with their heads held high, that none can say of such and such family or of such and such individual that it is over, they have been destroyed. This is not Islam; destruction is not Islam.”
(Mawlana Hazar Imam, Madagascar 2003

Are we to believe that Hazar Imam would do the exact opposite (ignoring his own farman) and not seek compromise? On the contrary, Hazar Imam’s offer of annotated farmans was a magnanimous compromise and gesture that preserved the Defendants’ dignity.

NOW SEARCH YOUR HEART AND ASK YOURSELF: DO YOU REALLY STILL BELIEVE MAWLANA HAZAR IMAM
IS RUNNING THE FARMAN LAWSUIT TODAY?

If you really still think he is, what would you answer if Hazar Imam were to ask you ‘Do
you really believe this is how I behave and what I would do?’

If you don’t think Hazar Imam is running the lawsuit today, then have some courage and forward this to your contacts. Just because our leadership tolerates this witch hunt it doesn’t mean the Jamat must also. Hazrat Ali has said “bravery and truth are always found together ...”

Imam says to shafik

Imam says to shafik sachedina and leaders "We must keep our eyes and our heart and our ears very close to the Jamat to make sure that we do not let our growth-scale take us away from the needs of our Jamats around the world."

"..What is done must be done honestly, sincerely and well. We cannot afford to be incompetent, because if we are, we damage the people we seek to serve. [Speech 25 Nov 1982]..."..Aga Khan

Read following too

What would you do ?

If you are in the buisness of hotels. Suppoose your banker, advisors or someone you trust on your Boards/staff, gets information about an opporunity in hotels or similar business, and does not tell you, and takes that opportunity for themselves ? Assuming they are all Ismailies; Is that;

1 Moral and ethical
2 Legal
3 Would you file a lawsuit or complain and take them to NCAB ?

How many opportinuites are given as a priority and first to AKDN ? and how many are done privately by those in postitions of trust ?

Now what about those who block farmans and use them for themselves. Is that not the same, morally and legally ?

If the Janat shares and work

If the Jamat shares and work together , there will be transparency. Then those who betray trust will not be allowed or tolerated.

“ People coming together coming around a common purpose are much stronger, for example, in eliminating corruption. When an individual faces corruption, that’s a problem. When a village community faces corruption, it is a totally different issue. And in fact corruption in civil society is probably one of the most damaging forces we are trying to deal with every day. It’s not only corruption at the level of government. It’s corruption in education, it’s corruption in healthcare, it’s corruption in financial institutions, it’s corruption in rural support, in distribution of goods. So the lack of ethics in civil society is one of the very, very great issues that we have to deal with. And what we’ve found, is that the community organisations when they come together — what do they look at ? It’s very exciting. Their whole basis of hope is built around best practice. They reject all the things that have damaged them individually and they come together and say that we want a new future, built around new people, whom we choose because we trust them.” Aga Khan 22 October 2012

Interesting !

Raag Hotels owned by Naguib Kheraj and Jivraj Family opens another Tune Hotel in UK ! They are or have been on the Boards of AKDN (including AKF UK, IIS, AKU, Islamic Publications UK etc with other Ismaili Leaders who have also made business investments in the last 20 years)

" New-look Edinburgh hotel offers bedrooms from £25 a night
Tune Hotels announced first ever Scottish hotel, Tune Hotel Haymarket, Edinburgh on 8th January 2013. Following the resounding success of the group’s UK entry with its four London properties"

Noordin Nanji is a partner

Noordin Nanji is a partner in Stikeman Elliott's Vancouver Corporate and Securities Group. He advises public and private companies ... The firm was involved in the following;

On June 1, 2011, following receipt of approval from the Ontario Superior Court of Justice's commercial division under the Companies' Creditors Arrangement Act, Soul Restaurants Canada Inc. (“Soul”) completed the purchase of 200 KFC restaurants in British Columbia and Ontario, along with four in Québec, from Priszm Income Fund (“Priszm”). The purchase price paid for the restaurants was $42.8 million.

The team at Soul is composed of its two indirect shareholders, Aly Janmohamed and Shiraz Boghani.

They have all been involved within the leadership and institutional positions in the last 20 ears.

What does indirect

What does indirect shareholder mean - Are they acting for others or fronting for others ?

Is Shiraz Bhigani a partner

Is Shiraz Bhigani a partner with SS or his "prete-nom" for SS' investments?

Does it look like all Nanji, SS, Manji, A.Bhaloo etc.. are involved together financially in various deals and businesses? Real Estate, Fast Food Chain, Hotels, other mega-projects....

Nothing wrong in that, except they can not have the distance it takes between each other to act ethically in a ICAB setting.

that would explain the kind of rulings ICAB does nowadays without even any hearing, just putting a stamp of approval on a texts received from SS....

NCAB UK - Prejudicial

AS RECEIVED

NCAB UK - Prejudicial conduct and asking for rules to be followed but refusing to provide the rules they want to be followed !

NCAB UK Attention Chairman Nazmin Kassam

Dear Nazmin;

Re Complaints against Shafik Sachedina and A J Dharamsey

I refer to your cover letter dated 25 February 2013.

1 I confirm that I intend to appeal. My appeal will include inter alia, Bayah of A J Dharamsey
.
2 I request you to let me have the procedure to be followed as stated in your letter.

I also again request you to let me have all the requisite information including all farmans and the constitution, which you have used, or ought to have used, in consideration of the complaints, and in making your order (as our judicial body having regard to also the Law of the Land under our constitution)

3 Can you please also let me have the following you have said you will provide (Procedures rules and regulation ?) - -Why not provide them now

4 I refer to your following requests and information;

a. On the one hand you have refused to supply the requisite procedures and information to me. I have been requesting these from day one. On the other hand you say I must follow those procedures you have refused to provide to me.

Then you add, therefore you cannot respond to my requests properly or sensibly because they are not in your formats/processes.

That is not the real reason why you cannot or do not wish to. This therefore make no sense and is at best unfair if not prejudicial. Can you confirm or clarify

b. You then add you want to ensure that Shafik Sachedina and A Dharamsey are able to fairly evaluate and consider my allegations ?.

Why are you obviously favouring Shafik Sachedina and A Dharamsey by wanting to ensure that they are able to fairly evaluate and consider my allegations against them.

Do they know the processes and or, have they asked you to say this to me ? If not why are you being at best partisan and not fair and impartial

c. Can you explain to me your real reasons for making these requests on behalf of both Shafik Sachedina , and A Dharamsey, and

why this is not prejudicial to me, and is this therefore not Judicial misconduct, and or unethical, and or against the NCAB UK obligations of impartiality, fairness and justice, and against our constitution and or Farmans.

I look forward to hearing from you. I have 14 days, I need the information urgently for the appeal. I hope you/ICAB will extend the 14 day period, and confirm, if you delay in providing the above information.

Kind regards
Mahebub Chatur

Will it take more court

Will it take more court cases before leaders obey Hazar Imam, and give Farmans and reports to the Jamat.

Letter to H H The Aga Khan

Letter to H H The Aga Khan conciliation and Arbitration Boards as received

NCAB UK
Attention Chair Nazmin Kassam
ICAB
Attention Noordin Nanji Chair. 27 February 2013

Re
Complaint M Keshavjee & Azim Lakhani
Date of complaint 4th August 2012
Date of decision Not given
Date of order 25 Feb 2013
Your reference Not given

I refer to the above and am appealing against your order. I am assuming the covering letter in the following order applies
also to this order, and my response is the same as below

Re Complaint Shafik Scahedina and A Dharamsey
Date of complaint 4th August 2012
Date of decision Not given
Date of order 25 Feb 2013
Your reference Not given

Kind regards
Mahebub Chatur

Allah says... 9: 12 But if

Allah says...

9: 12 But if they violate their oaths After their covenant And taunt you for your Faith Fight ye the chiefs of Unfaith: For their oaths are nothing to them: That thus they may be restrained Fight them and Allah will Punish them by your hands. Cover them with shame, Help you (to victory) over them, Heal the breasts of Believers...

why question when Imam has made a decision. .the Constitution is clear...and Leaders are NOT above the constitution and Farmans...but yet they have shown disdain both for the Imam and the constitution...and have created their own "niche"..

Moving forward

Umedbhai, I shall apologize in advance for this as it does not relate to the ongonig case.
I hope that at least you read it and think on it.......................

We seem to have reached a point in the case where it is a matter of waiting for new developments and I know we all
can trust you to keep us informed in a timely matter. Thank you.

However, I would like to propose that for the time being we conduct an ongoing session of informative discussion
on this forum about ANY matters that ANYBODY wishes to further their knowledge about, not from the viewpoint
of bookworming, but mutually acceptable argumentative ideas between individuals who have had the opportunity to
reach some kind of conclusion on the matter being discussed. You can be the moderator as always (our STEVE
PAIKIN) and let the matter go on or put a stop to it. If any boundaries of civility are crossed, you have the right to end it all.

I shall put forward an idea that can be our starter (if you agree) and the subject is NIYAT..............

I personally have encountered a lot of viewpoints on this subject.....primarily two opposing each other:-
One point of view argues that when a Niyat has been initiated in a murid's mind, then the "fa-ido" is sure to follow,
whether the action has been carried on to its end or not...............
The other view argues that a Niyat has to be completed to its end in order to reap ANY fa-ido" from it.

I personally have a point of view, but I would like to read about how differently individuals respond.

Well, Umedbhai, it is now up to you.....thank you............

Imam says if your

Imam says if your institutions are not, they you must get together and do so !

A very good idea. The cases

A very good idea. The cases are ongoing and sadly increasing.and loos like will increase. This with related issues needs a specific platform and this is the only one.

I suggest a new section on the left or right or where specific subjects are discussed like Niyat and Mehmani.These sections should have a team of a few who are using their own names and they are on that Editorial team. The sections objective is
1 specific religious subjects are discussed and then a summary or write ups and material are shared with all including the Institutuoins
2 specofic concerns posted by the Jamat and the team will write to and share and get feed back from our institution or others as Ismaili net

I am sure we will have a few who will come forward to be on the editorial support team for these 2 sections or similar?

.

Institutte of Ismaili

Institutte of Ismaili studies mandate approved and signed by Hazar Imam in 1977 is " to encourage, increase, extend, dissemanite , and promote knowledge of, and to support research into the religious, spiritual, and cultural heritage of the Shia Imami Ismailia Tarquah of Islam.

Are the institutte of Ismaili studies who have a budget of 20 million dollars this year doing that ?

Do IIS publish books and research on Ismaili Tariquah or Farmans ?

Do IIS increase extend and promote knowledge of the Ismaili Tariquah ?

Do IIS extend disseminate extend and promote the religious, spiritual and cultural heritage of the Ismaili tariquah ?

Do they - Should they not do so now !

Solutions of Jamati Problems - How and Why - in India ? !

Dear All - Ya Ali Madad ,
cases in hon. courts at mumbai are on its ways ahead ,
the case against national council for illegal collection of funds , from jamats , by selling coupons of diamond jubillee trust , in jks , daily , in the name of institutional support program , is on hearing , on 1/3/2013 ,
.....the case against NCAB , National Council , ITREB , is for evidence by my client , on 1/3/2 013 ,
in addition ,
i am in continuous reading contact of comments here , and e mails to me ,
from my observations in general , it is my inference , that , writing of thousands of letters to leaders are never responded ,
so , recently some active jamati members , in india , on trial basis , contacted individually some jamati members , and , informed , with proof and documentary evidences , that , our leaders are working , not as per guidance of MHI , but against guidance of MHI ,
so they said , why don't you put all these facts before all india jamats
....tolerence power of jamats in india has gone beyond limits since long back , once put facts before jamats and see reactions from jamats ! ,
i think it is now on the way to happen in india , ......ya ali madad.....!

@Mansoorali Abdulrahim Noorani re: Feb. 19th (Solutions...

786
Mowla Aly madad, Mansoor bhai!
All the best!

You are right Mr

You are right Mr Noorani,
The few Leaders in top position who control, are arrogant and have promoted a culture of self interest and self preservation at the expense of the Jamat and our community. For example ,
1 Leaders don't reply (and marginalise those who ask)
2 They call murids to meetings and then dont give information or address concerns but instead threaten them as in your case.
3,They don't give reports of all the programs and budgets or even contact of leaders who are controlling the budgets and our companies, or how many Ismailis are benefiting.
4 They don't give Farmans or explain them. in fact they openly say these must not be copies given or even explained
5 They don't teach or explain our rites and practices
6 They don't give the constitution or the rules and in your case you asked and they refused.
7 They dont stop the case against Nagib and Alnaz
8 They dont make rulings at NCAB and ICAB
They dont tell the court the truth that Farmans are not available in all JK's
9 They don't tell the Jamat what they have done with the golden Jubilee Funds and TKN - for example how many poor old and vulnerable Ismailies have benefited from the EXTRA funds allocated by Hazar Imam, and the 50 programs since July 2007 - In India Pakistan Afghanistan syria Badakshan and other countries.

The above is totally against Imams Farmans and the ethics pf our Tariquah.

What is different today is that because of the internet. this website, many more now sharing, court cases, complaints, they cannot hide and block the truth. Jamats can find out more and easily by even googling.

More working in our institutions must share and do what Imam says in Farmans.

I agree we the Jamat need to help each other in doing what Imam says in Farmans. So that the above 8 "don't" become "do" That is what Imam says in Farmans.

NCABS and ICAB mediators

NCABS and ICAB mediators conference in London 5 days ended yesterday - In May 2010- a few weeks after the lawsuit was filed exhibiting also M Keshavjee letter.
M Keshavjee as head of ITREBS and mediation Training for CABS said.

1. one training module will not work for Ismailies because they live in different countries ! - do we need 25 constitutions too !
2. Conflict is complex phenomenon - Is justice complex too
3. Training Ismailies in diverse parts is complex and challenging ! - Ismailies are one big family
4. After 12 years we still have critical issues and questions to be addressed - because you have failed and did not want to ! too busy with your own interests
5. Every training module for every country is very different - so 25 training modules for 25 countries ! ... So no need for international integration and standardisation or transparency ?
6 We need a greater concern for fairness and justice

Why then have an international NCAB-ICAB mediators from different conference in London for 5 days , at a cost of over $50000 .

An admission of failure in understanding and training ! No wonder NCAB and ICAB don't mediate but give unilateral rulings without giving precedents rules or the constitution to the Jamats

" Conducting training programmes in such diverse parts of the world is a very challenging exercise. ! You may ask what are some of the critical questions that have arisen and which need to be addressed.

I will highlight only three main ones:

First, there is no one module identical from one country to another that will work. Cultures are diverse and conflict is a complex phenomenon.

One has to be flexible on the module one uses without in any way compromising on the basic principles of mediation. We have found that a highly individualistic, problem solving module utilised mainly in the Occident, does not always work in societies that are more relational in their cultural make-up.

Hence, adaptation is always needed.

Secondly, some of the best dispute resolvers are from the societies themselves. They understand the culture, the traditions, the norms and the values. By refurbishing existing systems through appropriate training programmes, one is able to provide a service to a community that is culturally relevant and acceptable.

Thirdly, there is no one processual module and often communities, depending on their levels of development, utilise an approach which may be closer to the directive end of the mediation spectrum rather than the facilitative end.

To force a change will not always work. One needs to lead people gently and help them embrace principles of contemporary mediation practice which encompass notions such as better listening skills, greater gender equity and GREATER CONCERN for FAIRNESS and JUSTICE ! "

http://www.iis.ac.uk/SiteAssets/pdf/The_Philosophy_of_Mediation_Question...

Dialogue and Harmony

Mediation means dialogue. That is what they are not doing ! Ismaili centres have been built and meant for dialogue and friendships and brotherhood - Yet Nanji, Keshavjees and co do the opposite " The venue for this international colloquium is particularly appropriate. In its architectural design and definition of broader functions, the Ismaili Centre in London, like its counterparts in other countries, has been conceived in a MOOD OF DIALOGUE, of HUMILITY , of FRIENDSHIP and of HARMONY . These Centres reflect a commitment to permeate excellence of endeavour in the realms of the intellect and the spirit."
Aga Khan 2003 IIS 25 years at ismaili centre London

Inferior justice

M Keshavjee does not do what he says ! Read more - He says Farmans are transmitted to the Jamat but in the lawsuit he says the opposite !

"The process of dispute resolution in the Ismaili community, as this paper has shown, is very much linked to the concept of the improvement of the quality of life, which the Imam constantly seeks for his followers and all those among whom they live and who are in need.

The Ismaili dispute resolution system works in close synergy with a number of institutions of the community to ensure that post dispute rehabilitation is possible for the process of healing to take place.

Often this is accompanied by the guidance of the Imam which is transmitted to the community globally..

.. The experience of the Ismaili NCAB programmes worldwide has shown that a good organised institutional structure is vital for an effective dispute resolution system. But this, alone, is not enough. Ongoing training is critical to ensure that informal justice does not degenerate into inferior justice.
http://www.iis.ac.uk/view_article.asp?ContentID=110202

Keshavjee is completely right!

How true. I think Keshavjee is completely right. In fact the I-CAB justice system did degenerate into an inferior justice as predicted and explained by Keshavjee.

Look at the Chair, Nanji, someone who did in fact breach his oath of keeping matters confidential by forwarding to Sachedina by email info on a CAB file in which Sachedina was not at all involved. Look at the I-CAB board who knowing that the Chair had breach his oath, turned a blind eye on the matter. Al of its members. All those who did take the oath to protect the ismaili Constitution. This is what is called inferior justice when the judiciary is so corrupt that no hope is left in the system but to push the CTRL ALT DELETE button.

Keshavjee is completely right!

It has been a while since my last post, let me tell you about BREACH umed, recently in Atlanta USA few weeks ago there was a lecture in the JK by health board highlighting CHOLESTEROL levels among the ismaili community and then a seminar on the following weekend.

The million dollar question is how did the health board came to know the CHOLESTEROL levels of the jamat?? here is how and this is a BREACH OF CONFIDENTIALITY.

According to the confidentiality laws in the USA, Attorneys and doctors and many other professions cannot DISCUSS OR DISCLOSE their client's or their confidential informations to anyone PERIOD.

The informations was obtained ILLEGALY, here is how: few weeks ago and every now and then they run a BLOOD TESTING program in the JK, and every individual has to pay $ 25.00 for the test. Since it is PAID BY THE CLIENTS the reports are the property of the CLIENTS and the LAB is responsible for the confidentiality of the report.

NOW HOW DID THE HEALTH BOARD GOT THE HOLD OF ALL THESE CLASSIFIED REPORTS??????????????

Whatever way they got the information IT WAS ILLEGAL, on top of that the LAB and the doctors involved who leaked this vital stats have also committted a crime.

THIS IS A PROSECUTEABLE UNDER THE LAW. this is what I think, anyone with the knowledge of law can shed some more light on this please.

YA ALI MADAD

If they only used the

If they only used the statistics then I agree with Umed Librarian. Why not wrote and ask them if they got, and used only the statistics ?

What is more shocking is for example we have a complaint with evidence of forgeries which Sachedina and ICAB are trying to "cover up " instead of meeting, investigating or even having a hearing of the complaint. We have a lawsuit being continued despite Imams wishes to end the lawsuit.

More need to write to your leaders. even though they may not reply.

Yes, it is surprising that

Yes, it is surprising that ICAB decided not to look into the forgery of Hazar Imam's signature and the surrounding fraud. Don't the ICAB members have any conscious?

I think when statistic are

I think when statistic are amalgamated and not disclosed for particular people or with names but only as statistic such as level for children, level for adolescent, level for adults, level for senior etc.. this would be not only acceptable but a good idea because it would allow the Health Board to react in accordance and organise programs of awareness for the groups that are the most in risk in our Jamat....

believers going astray.

Quran 33:36 (Asad) Now whenever Allah and His Messenger have decided a matter, it is not for a believing man or a believing woman to claim freedom of choice insofar as they themselves are concerned: for he who [thus] rebels against Allah and His Messenger has already, most obviously, gone astray. -

4:59 O ye who believe! obey Allah and obey the Apostle and those charged with authority among you. If ye differ in anything among yourselves refer it to Allah and His Apostle if ye do believe in Allah and the Last Day: that is best and most suitable for final determination.

The_maths doesnt add_up..

Yes, and Nanji a lawyer places selected like Sachedina and himself are above the constitution and Farmans !.

NCAB and ICAB say between 2001 and 2010 Dept of Community relations/DJI trained 800 Ismaili mediators in 20 counries in different traditions and languages. That is 90 per country. Some like India Pakistan Canada, Afghanistan, Badakshan Syria and UK will be more and some like Singapore may be less. How many are there in each country - why are they hidden and no list the jamat can see !

Then they say 1000 cases were handled in India and 500 cases in Canada in 10 years. That is about 100 cases a year with 90 mediators and 6/7 Board members, who are also mediators.

Therefore they are saying each mediator handled less than one case per Year !

Keshavjee says one mediator take 18 hours per case. Therefore each mediator can handle at least 12 cases a year ? So each country with 90 mediators has the capacity to handle 960 cases per year (over 9000 cases in 10 years)? They are doing less than10% !

The question is
Over capacity,
underutilised or
inefficient or
the figures are totally wromg !

Now read what the Chairman of India says to a murid with a case before NCAB asking for rules - He says the murid has them and he has no time to deal with his request ! Murids dont not have them or the full constitution ? Why not just give copies requested and which the Jamat are enttled to ? After that Mr Noorani was threatened by the Leadership !

Dear Mr. Mansoor Noorani,
This has reference to your email dated 9th June, 2012 whereby you have expressed your desire to know about the Rules and Regulations of NCAB and raised various queries as set out therein.
During our personal Meetings over a period of last several months, I firmly believe that you are aware of and know the answers to all the queries raised by you. Further, you being a practicing advocate are full well aware of the same and it would be advisable for all concern including the Board to use the valuable time in carrying out duties and functions assigned.
You would appreciate and allow the Board and its Members to constructively utilize their time and efforts on the tasks and assignments on hand instead of preparing response to the queries raised by you which would otherwise prove counter productive.
Regards and Ya-Ali-Madad, Shaukat H. Merchant, Chairman, NCAB India

.

AKDN - AKF Reports

Project by Aga Khan Foundation UK - 5 million US dollars - to reduce infant mortality rates over 3 years starting April 2012. - How many Ismailies are there in Bihar ?

Total Project £3,240,420 (30% by Ismailis and 70% by British Government)
Breakdown
Capital cost £45,928
Activities cost £482,886
Administration £308,574
Evaluation £83,063 (plus a manager £35,896)
Staff costs £2,319,966. ($100,000 US Dollars per month . How many Ismailies )

Average Salary in Bihar India is 8000 Rupees per month on the higher side i.e. $150. With Dollars 100,000 you can employ 675 employees for 3 years ? H ow many are employed from Bihar and how many Ismailies.

Dear Mr Sachedina and those

Dear Mr Sachedina and those who block and hide and bury Farmans deliberately on purpose. this is what Imam has said clearly Is not Imsm and are not Imams saying that all Farmans of all Imams must be preserved and yes and shared with the Jamat

My Jamat would know that during the past decades much time and effort has been taken to reconstitute our knowledge of our history. Knowledge which has been buried by time, which has sometimes been buried on purpose by others, but which it is essential that we should reconstitute and use in order to inform ourselves as to the practices and beliefs and the ethics of the past within the Jamat, the guidance that was given by the Imams of the Time, and to inform ourselves so as better to project into the future a number of important decisions.” – Dubai 13 December 2003

( Is this unclear? and do the present Imam has used "Imams" of the time and it is in the plural?)

And what did the previous Imam say?

“Amongst you, there are some who know nothing about their faith (deen).”

“When that religious and spiritual guidance which should reach their souls, do not reach there, their hearts wander everywhere.”

“Consider my Farmans to be of great value. If you treat them as worthless, it would be damaging to you.”

“I have made many Farmans to you, but it is only when you act according to my Farmans that they can benefit you. If you act according to my Farmans, then I will consider that to be as if I had madeFarmans till morning!”

“Only those who live according to my Farmans, are my true Momin.”

“It is up to you to keep the Farmans, which I have made, alive and awake. If you write them, read them, and act accordingly, it means you have kept the Farmans alive. If you do not, it is as if you have killed them.”

Choosing_community_over_self interest

Another whistleblower chooses the community, over money and self preservation ! That is the right thing to do ! Will more Leaders choose the Jamat and the Imam over money and self preservation?

Mr Walker says You have to remember that if you work in the NHS and you cross the and “people in power there will be consequences” Gary Walker added his bosses ordered him to resign. ” Read and listen more http://www.bbc.co.uk/news/health-21444058
.
Gary Walker, a former chief executive at United Lincolnshire Hospitals Trust, broke the order when he was interviewed by the BBC. Lawyers for the trust then warned him he would have to repay £500,000. Mr Hunt said "I don't think it's acceptable, I think it was the wrong thing to do." He attacked a culture of "institutional self-preservation" in parts of the NHS

Those who know need to have

Those who know need to have the courage to come come forward. Mr Hunt has now called for the NHS to "recognise and celebrate" those who had "the courage and integrity to raise concerns" They must be encouraged and supported. The health secretary insisted that "fostering a culture of openness and transparency" was essential.
This applies equally to those working in our institutions.

secrecy and bullying

In 1998, the UK government enacted the Public Interest Disclosure Act. It is known as the UK's whistle-blowing law as it gives employees protection if they raise concerns.

But he culture of secrecy in NHS has continued. Staff who worked at Stafford Hospital, the trust at the centre of the scandal subject to a public inquiry, have complained of being bullied and silenced after trying to raise the alarm. Another high-profile case involved the nurse, Margaret Haywood, who was struck off in 2009, after filming examples of neglect at Brighton's Royal Sussex Hospital for a BBC Panorama programme. She too complained of a lack of support from bosses.

Looks like the days of the few to bully silence and gag are numbered and rightly so ! "Health Secretary Jeremy Hunt has written to all English NHS trusts to urge them not to use gagging clauses to stop staff raising concerns over care".

IIS & ITREBS - Why are you

IIS & ITREBS - Why are you not doing the following !

To Waezeens after a Waez was delivered in the presence by Al Waeza Gulshan Alidina Karachi 27 Sept 1960

1 Imam said this was an excellent Waez, and added Waezeens must use and give good and original references to the Jamats (How can they without the original unedited farmans and annotations)
2 Imam said when Training students give them original material - (This includes Farmans which are not given or explained nor are the Ismaili rites and practices)
3 Imam said information in a waez must be presented in a logical manner (can they when they do not have Farmans)

The reason Imam gave for the above guidance is that Islam is logical, there is no hocus pocus , there is no nonsense, it is clear, it is lucid, and understandable.

Question to IIS and ITREBS – Why are you not sharing original Farmans, annotations and publishing books on Farmans, constitution, rites and practices, so that you are imparting a clear, logical, lucid,and a no nonsense, no hocus pocus understanding of Ismailism in the context of Islam & farmans.

Reports

AKDN releases a new PR report on how they evaluated poverty since 2007 ? Was this a part of LIF - TKN !

They define a basic quality of life as " A person whose basic needs are met, who can act effectively and meaningfully in pursuit of his or her goals, and feels satisfied with life.”
Key principles for assessments:
Strict ethical standards
Rigour in the testing
quantitative and qualitative
Capacity building
encourages critical thinking; •
Using the results to improve

Dear Mr Sachedina,
Where are the annual reports of where , and How many poor elderly and vulnerable ismailies have benefited from the funds and TKN since 2007 ? What has happened or not with the Golden Jubilee goals and 50 projects ? Can we see those reports and assessments ?

http://www.akdn.org/quality_of_life/AKDN_QoL_brochure.pdf

Appraisals ! Really !

Under the constitutional rules all Boards are to do a perfomance appraisal every year of all staff including the Leaders. So who does that for the top Leaders ? and for those with multi positions.

Accountability

SS and Co do not care for Ismailies who are poor and vulnerable. In 2007 SS and Co, agreed that a critical need and priority are elderly and poor Ismailies. They knew who and where. So a special additional Golden Jubilee budget of over $75 million was allocated for the poor and vulnerable Ismailies. Over 7 years have gone by ! The Jamat are not given the reports and do not know how the funds have been used.

SS and co say they are serving the Jamat but then paradoxically block reports and even Farmans from the Jamats. They preach accountability and transparency but do not practice what they preach !

It is up to the other Leaders to take the Lead to speak up and ask the few to resign and let good Leaders to take over, and who care , and love the Jamat. loving the Jamat is Loving the Imam.

AKDN -AKFED - New CEO at

AKDN -AKFED - New CEO at Uganda Air - Fully owned by the Aga Khan Fund for Economic Development, aka AKFED which is part of the Aga Khan Development Network, Meridiana Africa Airlines (Uganda) Limited, is said to be keen to expand their destination network and add additional aircraft.

The airline is also expected to shortly announce the appointment of a new Chief Executive Officer, after former CEO Kayle Haywood jumped ship prematurely when he was served sudden notice and walked out of his contract to join upstart FastJet !

Good news Or not !

Air Uganda is part of the Meridiana Air group based in Italy. The control of loss making Meridana Airline was taken over by AKDN recently

Why did Kayle the CEO leave suddenly ? and why no new CEO at Uganda Air since October 2012?

Competition AKDN Management

Haywood was to build on achievements, but it can now be confirmed he dumped his masters in true mercenary style to move to upstart FastJet. Described by some as secretive and full of growing paranoia, attempting to forbid staff to contact with the media and past colleagues ! FastJet is offering East African travellers an unbelievable proposition, “We will fly you to destinations within the region at between US$70 and US$80 (Ushs175, 000 and Ushs200, 000) return,” Mr Richard Bodin, FastJet Chief Commercial Officer, announced.
Indeed Kenya Airways has made it clear that they are ready to match FastJet’s pricing , pound for pound.which is aimed at stifling other relatively low budget airlines such as Air Uganda, Rwandair, FastJet, Jet Link, and Air Kenya out of the market.

We should not forget that

We should not forget that the concept of competition in Uganda air space was introduced by Air Uganda and it is heartwarming to see that other companies have learned from it and followed suit. Cheap price and better communing hours were introduced by Air Uganda, breaking the effective grip and monopole of Kenya Airways which was charging exorbitant rates on all routes from Entebe.

Impact

Competition and lower fares are good. The question is the impact on a loss making group under AKDN with multi positions structures and in this case the CEO walking away straignt to the competition with all the strategic information ! Usually a CEO is not allowed under contracts to work for the competition for a period !

IIS

Institute of Ismaili Studies - 30 years and....

• Without a single publication, on Ismaili rites and practices, or of Farmans, & the Ismaili constitution.
• With instructions not to explain, teach, give material and or interpret Ismaili rites, and practices for even Ismailis
• With instructions not to give, explain or interpret Farmans to even Scholars, Mukhis and Ismailis

Read foryourself from the IIS Website
(Headed by Shiraz Kabani - He also serves as acting head of the Department of Communications and Development, overseeing resource development, communications, and the IIS website.)

"..From its modest beginnings in the late 1970s, The Institute of Ismaili Studies (IIS) has developed into a vibrant centre of learning, addressing not only the needs of the international Ismaili community, ..
Over the last 25 years, the Institute has had much to celebrate: it has... directly contributed to the formation and development of a generation of scholars, who in turn have made their mark on the intellectual and religious growth of the Ismaili community. In tandem with the development of human resources, the Paris conference had stressed the need for a quality international curriculum to meet the religious education needs of the jamat in modern times.

This was realised in the publication of the Ta'lim curriculum, whose pre school component was first published in 1985. Today, the Ta'lim curriculum for primary education is available in nine languages and used by over 100,000 Ismaili children worldwide. The Institute is at present readying the materials for the secondary curriculum which will help to provide a strong grounding in the tariqah for Ismaili youth, ...and their capacity to articulate it.

An effective transmission of such knowledge requires professionally trained teachers with normative grounding as well as knowledge of secular humanistic and scientific disciplines. A programme to train a cadre of teacher-trainees for this purpose is currently in preparation. Through its partnership with the Ismaili Tariqah and Religious Education Boards worldwide, a range of collaborative initiatives have been undertaken that are contributing to the religious formation of the jamat.
.
One of the significant aims of these endeavours is to equip a core group of informed and dedicated individuals within the jamat with the pedagogy, skills and knowledge that will help them ARTICULATE ISLAM I, not as a monolithic entity but as a spectrum of interpretations and voices, and situate the Ismaili tariqah within this plurality of expressions. Through a cascading effect, these perspectives will eventually touch larger segments of the jamat.." http://www.iis.ac.uk/view_article.asp?ContentID=105878

Really ! Where are these dedicated and informed Ismaili Scholars within the Jamat who are articulating "Ismailism" and who have the knowledge and skills of Rites, practices, traditions and Farmans let alone of the Quran and Islam !

IIS must make sure that

IIS must make sure that Farmans, with material and books on Ismailism esp. rites practices and traditions are made available and that is the focus going forward. http://ismaili.net/heritage/node/29740#comment-16339

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