Copyright Lawsuit: Read the AFFIDAVITS in Defendants' Motion Here - 2010-06-24
Attached are the Affidavits submitted by defendants Alnaz Jiwa and Nagib Tajdin on June 21, 2010 in support of a motion for summary judgement to dismiss the case.
Karim Alibhay presented the first Kalam-E Imam-E Zaman Book in Mehmani on August 15th, 1992. His affidavit describes the circumstances of this Mehmani. .The Imam had blessed family and the rest of the Mehmani tray; Alibhay then, intending to present the book which was also on the tray, asked how they could serve the Imamat. This is when the Imam came closer, took a long look at the book, placed His hand on it, and gave blessings and instruction to continue. Alibhay adds that the recording of this mehmani must exist with the Ismaili Council as it was projected live, and recorded too.
This description is important because for Nagib Tajdin, this instruction became a Farman that he could not disregard, and due to which he continued the work for 18 years.
Alnaz Jiwa explaines the circumstances in which he came to learn of the existence of these Farman books and subsequently to start to distribute them. He details how he is only following Farmans and the Constitution and has breached Neither. He adds that following the consent and instructions in 1992, there is not sufficient evidence to convince him that the Aga Khan has now changed His mind on the matter. He also details many discrepancies and abnormalities in the events surrounding this action which create doubt on the authenticity of the action.
Notably, Alnaz does not seem to have been personally contacted at all to stop distribution nor personally warned by anyone prior to being sued in this action.
Nagib Tajdin details his search for Farmans, how he came to collect, and compile Farmans as a voluntary service in order to preserve their dignity, and how the Kalam-E Imam-E Zaman farman book distribution commenced only after acceptance and instructions from the Aga Khan, and continued openly for the past 18 years.
This affidavit also details some of the history of communication with Shafik Sachedina dating back to 1998 when they were to collaborate on the 4th volume of Farmans. The main disagreement between Tajdin and Sachedina was because Sachedina maintained that the Imam's wordings need to be edited because The Imam was" thinking in French and speaking in English" and Tajdin maintained that Farman wording should not be changed.
Tajdin's supplementary affidavit details how the January 24th letter as well as the affirmation, both allegedly by the Aga Khan, came to be, and the discrepancies surrounding the delivery, the content and handling of these, as well as the 4 expert reports by 3 different experts concluding that they are not signed by the Aga Khan.
Tajdin reaffirms that he will cease the contentious activities if the guidance to cease is directly given to him by the Aga Khan.