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

Thursday, 2010, April 29
Heritage News

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

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


yes Even the judge

yes Even the judge recognises there is a religious dimension and this is a matter for MHI and critical to that are directions given on 15 th October 2010 personally by MHI which have not been followed and if left to DrSS will not be because implimentation institutionally goes through him and is controlled by him.

My reply to a comment by Fatima unverfied in vancouverite who call other ismailies and especially on this site a cult with a cult leadership.

Fatima, so you are a spokesperson for others ? May be leaders? Andc you call those who agree with AJ and NT and do not agree with you and your friends a cult? This is against our Imams wishes and our ethics to say about others let alone about ismailies (brothers and sisters) So what would you call you and those who agree with you ? Please reflect on this with your group, friends or family you are refering to in your comment We all wonder,,,,

I do not know if there will be an appeal or indeed if any motions from Mr Gray. We will have to wait and see.

My hope and prayer is there will be dialogue and settlement as soon as possible. Always as directed by MHI.

Analysing is normal & Good

Editor of vancouverite wants us to believe that anyone seeking information or even analysing the judgment are challenging our top leaders SS MM and AB and also Imam , and also the Judge. My response which he may not post

Editor: Regarding the judgment : Challenging judgments in appeals happen all the time. The judge has given his reasons which are open to analysis scrutiny and interpretation which is also quite normal. Until there is an appeal most who are not lawyers are giving some thoughts. We will have to wait and see if there is an appeal

Regarding challenging the leadership. I do not agree that we should not challenge the leadership by seeking information and answers from them and seeking for them to share. That is in accordance with guidance from MHI

Therefore and consequently no one is challenging MHI.

Therefore I totally disagree with your speculative and baseless conclusions that ismailies who seek answers from our institutions which are managed and governed by our leaders are somehow or in anyway, challenging our Imam. In fact I think we are doing exactly the opposite and leaders should be happy to respond and to welcome enquiry and information from everyone and treat all those who seek, equally and with equal respect

“We have our eccentricity”

YAM, BLOGLAW! We all are human beings! We have our eccentricity!! Any judgement can be appealed if the decision appears to be beyond our expectation. Is it a practicable solution? Most of the times, a judgement is very rarely overturned. And if it is accepted for a formal change, it will become a very lengthy procedure; and additional finances will be required to sustain this process. I think one is not wrong if the outcome of a court case is analysed. Because it gives us the opportunity to understand our miscalculation, our misdeed, and misdemeanour. But this examination has to be done objectively and without any impartiality.

In first place, this litigation was disputed with strong arguments. This procedure took about a year. The temporal and spiritual lives of Ismaili Muslims were discussed. The Ismaili Muslims rituals were discussed very elaborately but the Court of Laws gave a resounding victory to Mawlana Hazar Imam. The Ismaili Muslims Institution will not commit itself when the directive has come from Mawlana Hazar Imam.

This court case has become a public interest. In this part of the world, we are very fortunate to acquire information from various news media, court dockets, and a variety of web sites. The reason I am saying this is simply to stress that we are in better position to acquire information which is first-hand and up-to-date. Even if by insistence, Mr. Bloglaw, if you are able to obtain the information you are seeking from the Ismaili Muslims Institution; it will be legally up a point and extraction of all the information which is already at our disposal.

I do not think personally, if we decide to seek information from the Ismaili Muslims Institution is like challenging Mawlana Hazar Imam. But we have to exercise due respect and diplomacy in this process of getting information. I hope Librarian Umed will post this blog in Ismaili.Net. With my thanks, and sincere prayers for our betterment. Allah Hafez, Nizar Ali K. Shivji!

Nizar If you comment here

Nizar If you comment here and or agree, then according to Editor of vancouverite and the group agreeing with him you are wrong snd must be silenced by the leadership. According to Fatima and those she says she speaks for (unverified) All here and therefore you are also member of a cult with a cult leadership?

Nizar please see my response to her and you may wish to give your thoughts.

“My thoughts are expressed independently"

YAM, MR. BLOGLAW! I express my thoughts and comments in accordance with time and issues confronting us. But if I venture into any un-chartered web site to express myself, it does not indicate that I should agree with all chartered web sites. My thoughts and comments are mine which are expressed as autonomous and without any prompting. It comes about as both these web site – The Ismaili.Net and the Vancouverite accepts my blogs at their conveniences. I have faced with rejection, dejection, and some very nasty comments have been thrown into my way but I have taken into my stride with my appropriate replies with all due civility. I have duly read your comments, and I must say you have every right to express yourself as you deem fit. Nobody should silence anybody! Consequently, freedom of expression should prevail for a healthy debate and discussion! I hope and pray Librarian Umed will accept this blog in good faith as no criticism are intended to anyone. Concluding, with my good prayers for our betterment. Allah Hafez, Nizar Ali K. Shivji!

Hyderabad, Pakistan 22

Hyderabad, Pakistan 22 March 1989

"Bring forward your ideas. It is only the stupid person who doesn't listen to ideas. It means he is like a horse who lives with blinkers and all he sees ahead of him is a little tiny dimension of light. No, that's not for our Jamat. Listen to ideas, develop ideas, create ideas and bring them forward for the service of the Jamat."

@ Nimet misinformed or uninformed !

Nimet unverified says in Vancouverite "…..The Global Jamat ...... do follow the institutions set by Mowlana Hazar Imam. There should be NO arguments about it. 50 precious Years of guidance of our Beloved Imam has come through our leaders…… We are fortunate that we never did or will have these type of leaders (AJ/NT) in our jamats!!!!!!!!

Reply by bloglaw

So do you say there should be NO argument or feedback even if you know SOME LEADERS are not following or sharing Imams guidance, for example Dr SS and MM ?

Imam GUIDES US to give feedback and to ask, seek and to share. That is also called dialogue which is not a one way street as you seem to be advocating Right Nimet ? )

Why would Imam say openly and jovially to the Jamat and Leaders, Leaders are not sharing some of his guidance with the Jamat. Was Imam refering to and reminding one or some of the Top Leaders ?

I suggest you read again some of the farmans quoted earlier, and above, or get copies and read. Do you also agree there should be no arguement or serious concerns expressed , when ;

1 Dr SS and MM did not even meet Alnaz before and after the lawsuit was filed ?
2 ALL Farmans are not available in all JK’s.
3 Leaders in question are going against Imams guidance and wishes by not sharing or having a dialogue

Dr SS did not discuss this lawsuit with Alnaz, institutionally before it was filed ? and Dr SS says this was Imam’s wish ? Generally and in this case after the meeting on 15th October 2010, Why would Imam go against his own directions, and the institutional process he has set up, and against his guidance on always having dialogue. I do not beleive Imam did, does or will do ?

Maybe you can find out from the Leaders and share their responses. Ismailies are all on the same side and in seeking answers, analysing or giving feedback they are all helping and following Imams guidance. Remember also what Imam said in his speech on 15th October, we need to look at who we are and not look at ourselves by looking at who we are against (as you seem to be doing – right? )


YAM, MR. BLOGLAW! This lawsuit has happened not because it is reminding us to contribute to contemplation and refresh our understanding on our religion but it is happened because of the copyright infringements. Our understanding and ethics have gone astray. We have misinterpreted the values of our religion, and our religion has become a source of comfort only during the times of our trial and tribulations! Allah Hafez, Nizar Ali K. Shivji!

A Blessing in disguise

Nizar, I feel the lawsuit happened to also to inform and highlight issues for us all and all Leaders. copyright and infringement legally speaking, is I feel merely a conduit, the vehicle. A blessing in disguise.

The printing of the next volume of the book of farmans can also be seen as the catalyst to inform & remind the Jamat the Leaders. If not for the lawsuit how would we have known ? This lawsuit and reflection by the Leadership which I feel is ongoing. They are all aware and reading comments, ideas, suggestions and feedback.

Imam reminds us not to let our faith become a faith of convenience and the right balance between din and dunya is exteremely important for us in this life and eternity hereafter.

"There is always something good in any human being"

YAM, MR. BLOGLAW! We have to be grateful with our gain and our loss! Sometime people say that whatever happens happens for a reason. There is no fix answer to anything that is happening or not happening but one thing is sure which will happen without any indication which is ‘death.’ When the birth happens the death will eventually follow without any human intervention. Therefore the time between the birth and the death gives us enough opening to learn from our experience what is right and what is wrong. Anything can be a catalyst to prepare ourselves. And a conduit can only allow the smooth sailing, provided one is aware about the intended inner thoughts and direction of one's pursuit! A religion of convenience does not have any significant in one’s life because it is empty. This emptiness is realised with the age because it is suggesting there is imbalance. The imbalance can only be rectified by accepting the equality. I do not think the temporal life is only the solution to our well being! Like you have said “din and dunya” is extremely important for us in this life and the eternity hereafter after. I would like to this opportunity to thank your good self and Librarian Umed for your kind consideration. This reflection and thoughtfulness is needed to communicate. There is always something good in any human being which is always noticed and appreciated. Allah Hafez, Nizar Ali K. Shivji!

People who can keep the book are the real winners

I think the people who are able to retain their copies of KIZ are the real winners. Everything in this world happens for a reason and I think it might be in their 'Naseeb' or 'Destiny' to have these Farmans. The Imam specifically said that they can keep the books. Poor SS and MM cannot do anything about it. Mr Jiwa and Mr Tajdin were the medium through which these Ismailies could get the Farmans. Also the material in the KIZ hasn't been challenged. So I think those people who have got a copy of the KIZ are the 'REAL WINNERS'.

Please quote this firman

quote ......" The Imam specifically said that they can keep the books"......unquote

Brother Iman : Can you please give a reference [date/place/source etc}
to this particular Firman of Imam-e-Zaman , where you assert that He specifically said that ?

Thank You

Allahu Alim .

Imam said whoever has got a

Imam said whoever has got a copy of the Golden Edition Farman book can keep it. He said that in a Board room on the 38th Floor, in Ogilvy Renault offices in my presence and confirmed the matter more then once. You want the date, it was 15 October 2010 Toronto. You want the time, it was between 10:40am and 11:10am

How will you know if I am telling the truth? Easy: He also said He will give us all His Farmans and meet us again and we will work together. So when you see Him giving us all His Farmans with His handwritten annotation and you see Him meeting us again and working with us, you will know what is true and what is false.


I know now, and believe

I know now, and believe Nagib ALSO because Hazar Imam spent 30 minutes instead 5 minutes and instead of starting with - may I make a suggestion - Imam I feel would have simply said; I am the plaintiff and I ask you to withdraw ALL allegations and admit to infringement. Nagib would have said Ameen and obeyed. This would have lasted less that 5 minutes. There are other reasons too which I have given in my other posts.

Zak may be now you should also request Dr SS and MM to share with you and the Jamat Imams Farman and directions of 15th oct 2010. If you are told Imam gave different guidance after 15th October, then also ask when who was present, venue etc .Same as you asked on this site. I doubt you will get any response or even an acknowledgment unless you are very connected with the Leaders.

People who can keep the book are the real winners

@ Imam,
The farmans in the KIZ are copyright as per judgement, therefore the KIZ contains stolen works of IMAM. DO YOU STILL WANT TO KEEP THE COPY??

When the Judge of all Judges

When the Judge of all Judges has spoken, who are you to contradict the Imam? Oups I know who you are, visram & Alykhan the guy posting from Aurora/Richmond Hill, the same who has been careless leaving a trace of his threats on the Internet.. definitively not a very wise move in this technological era....


Umed, I wish to add this comment to my previous posting. If Hazar Imam allows me to keep "Kalam-e-Imam-e-Zaman", I will keep this Precious Book as "Treasure". Thank You.


Ya Ali Madad. Farmans in Kalam-e-Imam-e-Zaman, Farmans handwritten by someone for reciting, or Farmans published by Tariqah Board, as long as none of them have been edited are "Farmans", and one has to respect them. Your last sentence, DO YOU....................???? I think that answer you will get from Hazar Imam, because He allowed copies of "Kalam-e-Imam-e-Zaman" to be kept by all the Ismailis who had them. Thank You.

Respecting Firmans

@ Visram

I agree that ALL Firmans of Imam-e-Zaman must be respected and followed including published , hand written and if I may add orally transmitted, HOWEVER the source and authenticity are crucial. Just like in case of Sahih Hadeeths of the Prophet pbuh. When and where did Hazar Imam say that He "...allowed copies of KIZ to be kept by all Ismailis who had them ..." as you assert above ? Thank you. Allahu Alim .


Ya Ali Madad. Zak, I think you have the answer to your question from Nagib Tajdin. Thank You.


SS, MM and AB also lost their proposal to HI to ban the Heritage site, a site with much
valuable and spiritual knowledge about our Tariqa. However, I am sure, these leaders and
Vancouverite are not going to keep quite, they will continue to make all efforts to get their
proposal approved from HI.


Reading the comments of Ismailis on vancouverite.com makes my eyes water and reminds me of the American south and the emergence of the Klu Klux Klan. I can't believe that in this age and time we have such fanatics in our community who know nothing about the principles of forgiveness. It's a real shame and reflects very very poorly on our community, its principles and ultimately our Imam

I think it would be appropriate here to quote MHI's own words delivered at the 50th Anniversary celebration of Nation Media House in Nairobi on March 18, 2010. - "“Let me sound a word of caution. Freedom, in any area of human activity, does not mean the moral license to abuse that freedom.  It would be a sad thing if the people of Africa in the name of freedom, were expected to welcome the worst of media practices, whether they are home-grown or imported,”

The editor of vancouverite should therefore re-examine his stand on freedom of speech.


Ya Ali Madad Suleman. Do these Ismailis realize how much Our Beloved Hazar Imam must be hurting. He has sacrificed His entire Life for us, He loves us more than we love Him, is this what He would expect from His Spiritual Children? It is very sad. Today, wherever you go in the world where Hazar Imam is very well known, and if you tell someone that you are an "Ismaili", they give you so much respect, and it is all because of Our Beloved Hazar Imam. We should make Him happy all the time. Thank You.

It is a shame that they

It is a shame that they don't practice or mean what they say for example we all go into JK and pray for each other and for increasing unity, guidance, togetherness and love in our tashbihat followed by Ameen. What a contradiction to what they then say, the hate mails, provoking and inciting sadly.

On a positive note the lawsuit has provided this forum to share and remind them and us all to reflect, contemplate and refresh our understating and ethics.

@Suleman and Bloglaw

Very well said. Thank you.

Now we have a forum and

Now we have a forum and communication is instant. More of us are seeking and sharing openly with others on all issues with respect. We have excellent other resources here. Also leaders and the Noorani family are more aware, reading, and can find out. we should all feel free and comfortable to seek and share information here anonymously (and in time more openly without fear)

This in itself is a major change and, a change for the better has started. Thanks to Nagib, Alnaz and all those reading (reticent or contributing), Shukhr.

what is the next step

The poor judge did not understand the point at all and I don't blame him, as we said before this case should have never gone public but thanks to the stubborness of our top leader SS it had. Just to show us his power. What a shame. There is a 'bhedd', don't forget that Mowla said to Alnaz and Nagib as He said to Mr Alibhay in 1992 that we'll work together... So I have faith. Alnaz and Nagib, what is the next step now.

possible next step is to seek review


Usually in US, defendants can approach same judge within 10 days to re-review his opinion.

Defendants can tell the judge that he has erred since he has not considered:

that 1972 book is subset of golden jubliee edition and so it cannot get the copy right protection.

Anyway, good luck!

The hole in the verdict


The court has failed to answer, Is 1992 firman book is subset of the Golden Edition or not?

If defendants have the arguments in this context to subset then this flawed verdict can be overturned on appeal!!!!!! But I don't think defendants should take this route. The best approach would be not to fight on appeal instead submit the judgement to HI via Council and let HI response.

HI can strike this judgment with one stroke of a letter or Talika or making amendments to Ismaili Constitution.

Also, this verdict is written in a way that cannot be used in future.

@The hole in the verdict

submit the judgement to "HI via Council " WOW! Via Council !!!!!!!! and one wish it will reach to HI !!!!!

If Alnaz & Nagib decide not

If Alnaz & Nagib decide not to appeal, they should certainly inform the leadership precisely what Imam directed on 15th October 2010, in a joint letter attaching the 3 related consents. They should also consider sending an appropriate letter to MHI through their national councils.

I appreciate if Alnaz and or Nagib wrote such a letter to MHI it will go via Dr SS (DJI). If they write to MHI then they should also share copies with the leadership, which MHI and most leaders will also appreciate.

Alnaz and Nagib could may be take the view that they have the answer within this judgment, and that they have a personal assurance from MHI to meet them again. May be this judgment can also be seen as an honourable outcome for everyone.

A decision of what is best is at best very difficult and challenging and will require a lot of contemplation and prayers. I will also pray for Alnaz and Nagib

If Alnaz & Nagib decide not

It makes sense, you are 100% right, but if Alnaz and Nagib send a letter to Hazar Imam through the council, it will go straight to Mohamed Manji, who was present to the discovery and denies everything, who is the chamcho of Sachedina, so the letter will be hijacked again. How can it be possible that a single person can be so poweful and is still getting more and more power. The guy controls every access to the Imam. It is like a dictatorship. Everything is under him. He deserves his surname as little god as I heard. We continue to pray for the defendants, for their families. I hope that it will be resolved peacefully because nothing the Imam said in the discovery has been respected by Gray and Sachedina. On the contrary, it seems that the judge did not even read the affidavits of the defendants, he just approved what Sachedina wanted... It is my opinion.

when going through council things are not same

When things pass through council, individual offers their letter under sealed envelope, the contents can be kept confidential.
Usually, officers of Jamat asks if they can open and review the letter and that individual has option to do so or not.

I understand we are not happy with the leadership, it does not give us right to humiliate them. After all these are HI's appointment and we have no authority to question HI.

I know, Imam does receives those letters and he does responses accordingly.

I think defendants are behaving responsibly and with utmost respect even they are hurts.

Since one of the defendants also lives in different jurisdiction of council he can avoid Canadian jurisdiction.

Also, it does not require these correspondences need to submit to council by defendants personally instead they can give to someone and pass it on. If defendants would like to use my service I will be glade to do that.


Ya Ali Madad Sadrudin. For many years, there is "mistrust towards our leaders" by many members of the Jamat. I think it is the responsibility of the leaders to resolve many issues in the community, so that the Jamat can start having trust in them. As you have suggested, which is very kind of you in your para. 6, that "these correspondence can also be given to someone and pass it on." Please forgive me Mr Sadrudin, if I am wrong, I think it says in the Constitution, that any correspondence that needs to be sent to Hazar Imam, it has to go through our Council, and the Council will deliver to Him. So why does any member of Jamat has to give that correspondence to someone to get it delivered? As I have said before that many members on this website have made suggestions, and also mentioned that improvements need to be made by the leaders, no-one is attacking these leaders verbally nor humiliating them. I think they should sit down and discuss these issues. Thank You.

when going through council things are not same

Sorry Mr Sadrudin, the point is not to humiliate the leadership, not at all, I don't intend to, on the contrary, the leadership is humiliating the defendants for the moment. I am telling the truth I think, this is the real fact, no letters go directly to the Imam, it can pass through if we can have a devoted leader who can give it directly or if you have the Imam's personal fax number or personal cell number. I have faith that something will come up. Ameen

@Sadrudin @ Rabya - And

@Sadrudin @ Rabya - And letters are not shared with other leaders either. I agree with Rabya also that we are all only sharing and seeking information and knowledge with Leaders and in so doing we are following Imams Farmans and guidance. It is our duty and responsibility to share with and remind in this case Dr SS and the leaders in question, which everyone is doing in this forum and many directly too. Leaders in question do not react or act except through proxies in vancouverite.. How else do you think we can inform all leaders and the Jamat, and be informed amongst ourselves or seek to understand and learn of the truth of and about this lawsuit and the leaders in question?

I respectfully suggest you

I respectfully suggest you double check and verify the information given to you about ALL letters going to Imam e Zaman and about ALL sealed letters opened and considered by the Leaders before any or some are forwarded to Imam e Zaman. Even for letters handed during Darbar and Mehmani. You will find the information given to you is not correct.

FACT - ALL letters to MHI

FACT - ALL letters to MHI are opened, and read before being submitted via Dr SS selectively.

This has been the practice

This has been the practice for over 15 years and one of the reasons why any letters Alnaz or Nagib now were to write to MHI are copied officially also to appropriate Leaders.

Did the Judge say what he meant ?

News Editor Vancouverite :January 12, 2011 Says

" ..Justice Harrington may have missed the point inadvertently in that, the paragraph you quoted consists of an expert opinion by the only expert on Ismailism – the Chief of the Ismaili faith. Got someone better than the Imam as an expert on the Ismaili faith Bloglaw? "

Bloglaw replies

Editor : So you thnk that the Judge has missed the point inadvertanly and therefore the Judge did not say what the Judge meant in that there was no expert evidence regarding the ceremonial gestures (Mehmani) and therefore the judge relied on the non religious civil law interpretation of the evidence. The judge went on to add there was no expert evidence before him regarding Mehmani except that the defendants are saying one thing and Dr SS and AB are saying something else (1.e there is a difference of opinion between them regarding Mehmani.

Therefore I do not think the Judge missed the point inadvertantly and is not saying precisely what the Judge meant to say. Therefore this is a win win and an excellent judgment for everyone.

In your view Editor do let us know if the judge has missed any other points or issues inadvertantly :)

If not addressed effectively

If not addressed effectively and quickly by leaders then this beginning of a potential witch hunt and marginalization of ismailies by ismailies could spread.

A comparable reality is the case of the Ismaili leading scholar, Nasiruddin. Hazar Imam met him with Dr SS and Mr IR and FH 10 years ago. Hazar Imam directed that his books should available to the Jamat, and IIS should work together with him to publish his books.

What is amazing is SS keeps on promising and saying IIS will. In fact some 18 of his books are in the IIS reference library. However 10 years have gone by and his books are not available to the Jamat officially and none have been considered for publication by IIS.

IIS reports to DJI headed by SS and SS is also a governor of IIS. SS knows and controls it all. Yet sadly marginalization of this scholar his family friends students and anyone who assists or associates with him goes on unabated.

The only reason I am making this specific known and easily proveable comparison is that, judging by what this editor has said, who openly represents the views of the leadership, No one should be under ANY illusion whatsoever of what can be expected, and the challenges ahead for Alnaz Jiwa, Nagib Tajdin, their families and friends and anyone who agrees with them.

I sincerely hope and pray I am wrong that any such marginalization by Ismailies of their brothers and sisters against the wishes of Hazar Imam , will take place or will be allowed going forward. Let us all pray for more unity.
Ya Ali Madad


Ya Ali Madad Zaheera. Thanks for your posting. I have had an experience not exactly the same, but something similar and would like to share with you.

Few years ago, I had sent a letter to Hazar Imam, which was personal, through the Council.

After 4 moths there was Hazar Imam's Padhrami. I had the opportunity to go for the Mehmani with my mum. Before I went on the stage, I had thought that I would ask Hazar Imam about my letter, but when I reached near Him, I thought Mowla you know everything. He blessed both my mum and myself.

A week later, when Hazar Imam had already left, Darkhana JK Mukhianisaheba, who knew me, greeted me with Mubaraki, I greeted her back. She asked me whether Mukhisaheb had talked to me with regard to my address and other details? She stated that when I was done with our Mehmani, she was present there, Hazar Imam had asked Mukhisaheb to get my address and other details from me and present them to Him. I told her that Mukhisaheb had never approached me.

To tell the truth, I was not upset nor did I approach Mukhisaheb later, but "let it go". I was happy that I was blessed by Hazar Imam during the Mehmani.

Eight months later, I went to pick up my mail from the mail box, and it was my birthday that day, I saw an envelope from Aiglemont, I quickly opened it, read it and also noticed that Hazar Imam had inserted the year with His own handwriting. I was in tears and told my mum that this was the Best Gift I ever got on my birthday.

My point here is that on many occasions leaders(who work closely with Hazar Imam) never take His request/guidance, etc. seriously, but He knows everything. Thank you.




Thank you very much Yasmin for sharing your experience. It went directly to the heart, miracles happen

@ Zaheera

Very well written, Thanks.

The judge did not have

The judge did not have enough factual evidence. IF the Judge had no doubt whatsoever, he would have said so and he would not have said his decision was based on a balance of probabalities and that he did not have corroborative expert evidence from other than parties in the lawsuit. The Judge therefore says he relied on the actual words spoken during mehmani, and on what Dr SS and AB who the Judge named as other Ismailies who lined up against Messrs Jiwa and Tajdin.(A succinct but sad conclusion and relection on us)

".While I have no doubt that Messrs Tadjin and Jiwa are very knowledgeable in their faith,
leaving aside the Aga Khan himself (on which more will be said) there are other Ismailis
lined up against them, Ismailis who have held prominent positions.
Apart from Mr. Sachedina, the plaintiff relies upon the affidavit of Aziz Bahloo.."

The Judge THEN goes on to say in the next para...

"..As mentioned earlier we are in the realm of civil law, not religion. No expert evidence has been filed as to the significance of ceremonial gestures. Given the ordinary meaning of the words used in the exchange between His Highness the Aga Khan and Mr. Alibhay, I simply cannot find that the Aga Khan gave his consent to Mr. Tadjin’s endeavours."

So Bloglaw I feel is right, and that this should be seen by all of us, as Bloglaw put it " a win win for everyone" Thank you.

Those who believe, believe.

Hazar Imam has said "Those who believe, believe; those who don't, don't"

By reading this Judgment, with the extract of what happened in Mehmani:

- It is obvious that any true ismailli who believes in Mehmani and in Imam will know the Truth and will keep unaltered Farmans like a precious treasure.

- Anyone who does not believe in Imam, will automatically reject the Farmans, and the Farmans will not go in wrong or undeserving hands.

Remember, Historically, Imam's true followers have always been the minority.

Summary Judgment

Let us hope that

1 The resulting legalities and legal formalities can be concluded by agreement, meeting and conciliation, and

2 Going forward many of the issues highlighted, debated, and the widening gap in the ground realities will be addressed by working together top down, and supporting each other.

3 Imam’s directions on 15th October 2010 will be followed and will be a reason for conciliation and dialogue, and not a reason for appeals or confrontation. Even though there may be reasons for appeals.

4 Leaders with the lawyers (subject to Guidance from MHI) will meet to discuss with the defendants, and find a way to conclude this lawsuit conclusively and once and for all.

5 Farmans are and will available in all JK’s as stated in the lawsuit by MHI, and the new Farman book will be published soon, as approved by MHI (according to SS cross examinations). I hope this will be a collective and a collaborative effort and of course in accordance with the directions and guidance from MHI.

6 An appropriate conciliatory and uniting announcements will be made in JK’s (If any announcements are made)


The Judge gave his findings of fact of whether express or implied consent was given to the defendants.

Consent was the ONLY issue the Judge was dealing with. (I.E Did the defendants have express or implied consent from his Highness). The issue of who is the plaintiff or alleged forgeries were NOT a part of the issues for consideration by the Judge for the summary judgement.

Regarding Consent, the Judge said essentially:

1 He simply could not conclude that the Mehamni on 1992 was a consent. He says there is no expert evidence submitted regarding what is meant by Mehmani by the parties. The burden of proof is on the defendants. The judge goes on to say that If mehmani was a consent then in his view it was consent for that book only. (In this last conclusion the judge may have erred, because if that was consent for that book, then there was also implied consent generally and to continue ) . The judge said “ ….The defendants argue that it is difficult for a non-Ismaili to fully appreciate the relationship between the Imam and a murid. While I have no doubt that Messrs Tadjin and Jiwa are very knowledgeable in their faith…. there are other Ismailis lined up against them, Ismailis who have held prominent positions. Apart from Mr. Sachedina, the plaintiff relies upon the affidavit of Aziz Bahloo ..” Therefore the Judge chose on a balance or arguable probabilities to rely more on the affidavits and the cross examination of Dr SS and AB. The Judge in absence of expert evidence on Mehmani which can only be given by an IIS scholar or an Al Waeez books. The defendants did not submit the book of Farmans or other books in evidence.

2 The Judge could not conclude that the constitution or Farmans and Talikas quoted give’s the defendants the right to publish the book of Farmans in question. He was talking specifically of publishing that book, not sharing of Farmans amongst Ismailies or between Ismailies. This maybe because the claim (MHI) says Farmans are available to all Ismailies in all JK’s (There were no affidavits or evidence that these are not in fact available)

3 By not putting the 5 questions on 15 October 2010, the Judge had to and concluded by inference that the defendants did not ask those 5 questions because they were afraid that the answers will go against them. The Judge quoted a legal precedent too. The defendants did not therefore put their best foot forward. The onus was on them to do so.

I hope and pray everyone will work together going forward as directed by MHI generally and specifically in this case on 15 October 2010.


Speak with one voice

Imam wishes we speak with one voice and work together. The judge said in his reasons that Alnaz and Tajdin had a good knowledge of our faith but he had evidence from SS and AB which was not the same regarding Mehmani.

I hope that the Leaders will also address this serious gap of speaking with one voice, which has now also been pointed put by the judge, and MHI on 15th Oct 2010 reminded SS and MM that it is better to speak with one voice.

Discovery was fortunate!

About your #3:

Since the Judge never saw, as any ismaili would, that Karim Alibhay's affidavit showed consent, then the case may have been lost even without the discovery..

So losing the case after this miraculous 30-meeting Meeting with the Imam is quite fortunate, and it cannot be said that the discovery had a negative effect on the final outcome for NT and AJ - it is a gift to them. And they can have a clear conscience that they acted with great respect towards their Imam :)

Having this judgment that details the Mehmani assures future readers who believe in Imam of what the truth is, and also ensures that unbelievers will stay away from Farmans.

The only very sad and worrisome part is that True Farmans will be much harder for future True ismailis to obtain... This can be the only reason for an appeal..

Leaders must share and make

Leaders must share and make all Farmans accessable to all ismailies in all Jk,s. This has been confirmed by Imam and Dr SS in the lawsuit. This is under DJI which is headed and controlled by Dr SS. Will SS do so now,or will this be " work in progress" using his words for the next 10 years.

If anyone requests to read any Farman they should not face an inquisition or excuses etc. If they do and they quote from this lawsuit or inform the leadership, will they feel welcomed and not fear being singled out ?

Knowing the present culture highlighted by this lawsuit, any change will take time regarding

1. sharing of farmans and guidance
2. acess to Farmans with or without Imams annotations
3 publishing of Farmans by Itreb-IIS which Dr SS says is agreed by MHI, and
4 finally also a change in the editing of Farmans for example the london GJ Farman

Whilst you are right to be concerned, I hope and pray that sharing and seeking of knowledge and information including farmans will be institutionally encouraged welcomed and addressed going forward. Ameen


Ya Ali Madad Bloglaw. With regard to your para.1, "Leaders must share and make all Farmans accessible to all Ismailis in all JKs." My questions is, does that mean that we can only read them in JK at that time, and memorize them and not take them home? Thank You

having access to Farman only

having access to Farman only in Jk is in complete contradiction to Hazar Imam's own many many Farmans on reading, discussing and even listening to Farman at our leisure.

According to the lawsuit we

According to the lawsuit we know Farmans are. said to NRCvailable in all JK' s but they are not. Imsm has approved printing and distribution of Farmans but this is work in progress days Dr SS. If left to him when ? 10 more years Therefore no reason why Farmans cannot be given to Jamat and to trust the Jamat to take home andxtead or listen. Bit they are not, not even to many leaders down the line.

By the way I see a revised amended reasons for the judgement have been issued. Can you get and upload the amended reasons ? Thank you

Corrections to Judgement mentionned ion Docket.

I see on Docket there are some corrections. I have not received anything yet. I see Gray has received and acknowledged already. maybe they have sent to a wrong email or misspelled my email address. It happened for the Judgment which they sent to a misspelled email address. I have advised them and waiting for it. From the docket it looks like some pages have been corrected?

Re: Corrections to Judgement mentionned ion Docket.

YAM Nagib,
Ironically, I think most of the corrections are related to you. Your name on all or most of the pages listed as changed on the docket has been misspelled as either Najid Tadjin or just Tadjin. I think that is what most of the changes are probably about.


Ya Ali Madad Umed. Thank you for your comment. That means that we cannot read Farmans at our leisure. Has anyone questioned Dr.SS for the reason as to why can't the Jamat take copies of the Farmans, or his excuse is that these are Mowla's instructions? Thank you.

Defendants should accept this and move on

Since defendants physically met with Imam on this subject matter. Imam knows the matter clearly and therefore, pursuing further is not in defendants interest.

Judge does not understand Mehamani nor SS nor MM nor their attorneys. If SS and MM were understanding then they would have asked their attorney not to argue on that subject but they let them.

If you read Baitul khyal firman, Imam says clearly about our "vanaj" when you share this information to others they will not understand and they will think we are all insane - and that is what the judge has concluded.

No one will understand our religious business ("vanaj") so there is nothing for defendants to pursue and prove any further. This judgement is really win for the defendants and should accept it!

You can always submit the copy of judgment to HI via Council and then let the matter rest with HI.

Totally Agree

I totally agree with Sadruddin. The matter should be put to rest and let us all try to achieve our spiritual goals.

Pretty Quite?

How come there are no more comments?? Judgement is very strong

maybe it is also very

Maybe it is also very "wrong" :-)

maybe it is also very

according to you, librarian-umed, it seems everthing is wrong ....

There are many holes in the

There are many holes in the verdict. Maybe we'll make a list of inferences, suppositions, assumptions, inventions, imaginations and hearsay. A proper judgment has to be based on laws and facts and a sound analysis of the facts. A Judge should not try to play guessing games.

That would be most helpful

That would be most helpful in this judgment for those interested and going forward . Thank you.

Excellent Judgment

Maybe because many are contemplating including SS, MM, AB, AK, Leaders, Alnaz and Nagib too. Maybe also because there is dialogue behind the scenes. Maybe also the legal formalities and processes are ongoing

The judgment is very clea. The Judge says he did not have expert evidence before him regarding the significance of that Mehmani (and mehmani generally) : Therefore the judge decided on the evidence before him and on a balance of probalilities of the evidence before him whch he admits was insufficient; "....As mentioned earlier we are in the realm of civil law, NOT RELIGION. NO EXPECT EVIDENCE HAS BEEN FILED AS TO the significance of ceremonial gestures (MEHMANI) . GIVEN THE ORDINARY MEANING OF THE WORDS USED in the exchange between His Highness the Aga Khan and Mr. Alibhay, I simply cannot find that the Aga Khan gave his consent to Mr. Tadjin’s endeavours.

Defendants should accept this and move on

@ sadrudin. ... As HH was the plaintiff, he has already got the copy of the judgment through his lawyers.

Issue is Defendants are Satisfied! with the outcome

Issue is not the plaintiff is HI! Issue is in physical world HE is informed. If there is slightest doubt defendants that HI in physical world is not informed or aware about it then defendants can unload their doubt by writing to HI through council as mentioned in our constitution and unload their selves and move on!!! and sleep well that they did their the best to accomplish their goals.

As HI all the time says important is not win but one need to see the interest of JAMAT as a whole and everyone come out as winner.

Obviously Imam knows the

Obviously Imam knows the final outcome of the case, including if defendants will or not appeal the latest judgment. Anyone who doubt this has to be out of his mind.

The judgment is based on suppositions, imagination, hearsay, assumptions and inferences, not on facts or on laws. Nor especially on what the Imam wanted and said in October or in 1992.

Excellent point . I agree .

Excellent point . I agree . Move on . allahu alim.


Ya Ali Madad. I also do hope and pray everyone will work together going forward as directed by Our Beloved Hazar Imam, as per His discussions on October 15, 2010, with them. Inshallah. Thank You.

We will and should all work

We will and should all work together to assist and ensure going forward. So will the leadership. Yasmin, Imam knows and knows best.

A Win Win for ALL

I hope everyone will see that this ruling is a win win for everyone including most murids for whom Mehmani is foundational and not just a symbolic event

My reason why this is a win win for all is as follows;

If expert evidence had been submitted by any party regardng Mehmani as being secularly explained and clarified in the nature of a covenant and of its santity and significance in the murid and murshid context, then the Judge would have ruled differently. The following sentence is critical in coming to his conclusions and ruling;

".As mentioned earlier we are in the realm of civil law, not religion. No expert evidence has been filed as to the significance of ceremonial gestures. Given the ordinary meaning of the words used in the exchange between His Highness the Aga Khan and Mr. Alibhay, I simply cannot find that the Aga Khan gave his consent to Mr. Tadjin’s endeavours... "

Therefore the santity of Mehmani is preserved and respected by the Judge (even secularly speaking). Since the Judge has therefore given respect to mehmani by explaining the basis of his ruling and conclusions which are summariised in his sentence above, I hope and pray that this lawsuit will end.

There are many widening gaps highlighted and debated which the leaders are aware of and which MHI will address with the support of the Leaders and members of the Jamat. I also have not doubt as do Alnaz and Nagib that MHI will meet them again.

Sanctity of Mehmani versus Imam's Fairness?

If the Sanctity of Mehmani is preserved and if Imam's words have precious meaning for Murids, then you are saying that Hazar Imam did give consent... then how is "Infringement" a Fair result?

Hazar Imam consented and gave an order to an action when he said, with His Mubarak Hand on the KIZ volume 1: "continue what you are doing, succeed in what you are doing..."

A murid who obeyed the Imam's words in Mehmani is now condemned in the eyes of civil Law, and openly maligned in Jamatkhanas... How does that promote love and obedience for Imam? Can this be what Hazar Imam wants?

My impression is that Mr Sachedina just got a secular judge to overrule our Holy Imam. The Future looks bleak.

Yes I am saying MHI gave

Yes I am saying MHI gave consent in that Mehmani and if there was evidence before the judge in the form of expert evidence from ismaili scholars and other ismailies regarding Mehmani in secular terms and in detail then the judge would have given a different ruling.

That does not mean the judgement given is wrong. It is just that evidence was insufficient and the judge made a finding of fact based on the evidence before him.

That does not also mean that Dr SS has succeeded conclusively either and people reading his affidavit and cross examination will know too.

Dr SS has much to answer for in his leadership and the filing and handling of this lawsuit and much more. I think also Dr SS MM and leaders are aware and have realised.

I feel certain Imam knew, knows best and wanted to preserve the sanctity of Mehmani. And So it is, and this is very clear from the explanation given by the Judge.

summary judgement

@ brother bloglow

I say Ameen .and I agree with your comment, observations and hopes # 1 - # 6
My prayers for a peaceful conclusion for all.
As well as shukhar Alhamdullilah for lessons learnt.

Allahu Alim.

Any comment from the two

Any comment from the two defendants after today's judgment?

"Authorization of Farman Book"

Ya Ali Madad. Does the judge know that the Farman Book has been halted? Or, does he think that the defendants are still distributing the Farman Book? The judge's note: The Copyright Act: (28) As aforesaid......."Although Section 13(4) of the Act provides that an assignment or grant must be in writing, "mere permission may be given orally," or even implied by the conduct of the Author." If I am not wrong, on Oct. 15, 2010, Hazar Imam did confirm about the "Mehmani incident". Thank You.

You are right, according to

You are right, according to Alnaz and Nagib, Imam confirmed that he instructed during the Mehmani. But the Judge can not understand the Mehmani. It is a religious concept that does not exist in the Western traditional religions.

Both have confirm to us what happened during the 15 October meeting, The judgment says there was infringement. Hazar Imam said the opposite. The judgment says there was no consent in Mehmani 1992, Hazar Imam said the opposite. The judgment says $30,000, Hazar Imam said no cost.

But the best thing that happened in that meeting was that Hazar Imam Himself proposed to give to Alnaz and Nagib all His annotated Farmans if they wanted them, to meet them again and to work together so they are well ahead of any judgment and any Public Relation problems. Isn't this what count the most?

oct 15th ..what exactly happened.

Can we request Defendants toplease share with us the Transcripts of 15th October in entirety , so we can compare the differences between what Imam-e-Zaman wished /directed them and the Leaders present to resolve and accomplish versus what the Judgement is ? Thank You . Allahu Alim.

See the Discovery News Page

About the full transcript, the court reporter 'opted' not to record the full half hour. Nagib commented that:

"In fact the Court Recorder is supposed to note down who is in the room [she did not], what time the proceedings went off-record etc… she did nothing of this. She was supposed to confirm the transcripts with me before releasing, she released to Gray first, I was not even given her email or contact or name by Gray up to the time Gray released the transcript. There was quite a manipulation of the records, so Prothonotary Tabib ruled in a Case Conference that no evidence from Discovery can be entered by either party except by going in a new full Motion."

Read more about the discovery here:
What actually happened on Oct 15?

Enjoy Surfing Your Heritage!

Full Transcripts of 15 october

1] were "off-record" discussions not recorded at all ? usually the are transcribed but not part of Official Transcript.
2] Although not part of the official "on-record" transcript, can you post the "off-record" portion , so we may see what
Imam-e-Zaman discussed / directed to defendants and leaders , and compare it to final judgement.
In a way , that was Imam-e-Zaman's Firman ... to be shared with Jamats ..
Thank you . Allahu Alim

Transcript manipulation

We also tried to obtain this.

And that's the concern: the court reporter did not follow protocol. Did not note the times of when she went off record, and did not record or transcribe anything when Gray told her to go off-record.

The reporter should be assigned randomly by the company, but Gray called this particular one on her cell phone while she was at an art gallery to hire her.

Whatever happened to the transcript in the week after Oct 15 when Gray refused to give the defendants the contact of the reporter, until a week later when Gray posted the transcript on the court docket is lost forever. The company has no record of it.

Enjoy Surfing Your Heritage!


Ya Ali Madad. Your third para. I fully agree with it. Thank You.

Summary Judgment and Reasons for Judgment

The PDF text of the Judgment and Reasons for Judgment are placed on the Online Book for the Aga Khan Copyright Lawsuit:

PDF's of Judment are in the online book, here

Enjoy Surfing Your Heritage!

Full text of Judgment [27

Full text of Judgment [27 pages] will be posted here in few hours.

It will be to each of us to decide if the Judge understood what is the Imam, what is a Mehmani and what the Farmans are.

It will be to each of us to decide if in reality Hazar Imam won or Sachedina won.

Summary Judgements

According to the case log, the judgments have been made on the 3 summary judgment motions. Any word on those?

Interlocutory Injunction

This means, the case going for trial. In meantime, defendants for now cannot distribute Golden Jubilee Edition of firmans (which I thought on Imam's wish they halted it effective Oct 15, 2010).

I am wrong

I read the judgement. Isn't judgment identical to what was concluded on Oct 15th, 2010?

What Gray wanted it, he didn't get it!!!!!!!!!! What a waste of money and creating disturbance in JK

"No Distribution of Farman Book"

Ya Ali Madad Sadrudin. Your first para. Exactly. Your second para. What a waste of money and creating disturbance in the JK. Thank You.

No the judgment is exactly

No the judgment is exactly opposite of what was concluded by Hazar Imam on October 15th, 2010.

The judgment says there was no consent in 1992 Mehmani. If the judgment is accepted, there will be no trial. If it is not accepted, there will be appeal. lets wait to see what happens next.

The interesting question is as follow: If you know the judgment goes against what Hazar Imam said,

1) Would you oppose it with an appeal by saying maybe the Imam wants us to continue fighting for Him?
2) Would you just say, let the Imam take care since it is His battle, let Him fight it for us?

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