Does Imam Think in French and Speak in English?
Mr Sachedina admits twice to saying that the Imam thinks in French and speaks in English.
[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
Sachedina #252- #257:
Cross-Examination by Mr Jiwa.
Q. And you told Mr. Tajdin that Imam 'thinks in French, speaks in English, and makes mistakes, so we edit them, we correct them'?
A. That's his words, not mine.
Q. And you never said that?
A. I didn't say about mistakes. What I said was, and I want to really put it on properly, is that Imam himself had told me that when he makes farmans, he makes extempore farmans. And extempore farmans, when he makes them, he thinks in French, and the farmans are made in English. And it is absolutely correct in my view that farmans of any -- from my point of view any Imam from that point of view, the Imam has his right to review those farmans because the spoken word and then text have to be compared and be satisfied that that is what he wished to be released.
Q. Would you agree with me that that's your opinion?
A. No. It is what the Imam has told me personally.
Q. That he what?
A. That he has made -- it's a long tradition absolutely going back through many, many years.
Q. When you say 'many years,' so Sultan also had the same policy as well?
A. I'm not -- I'm talking about this Imam. I wasn't present with the 48th Imam. I was not working for him. But I can only tell you that Imam reviews this material himself for the last many, many years since I have been working, and he releases it only when he is satisfied with it.
Q. Now, do you have any, either a farman -- right? -- or an article in the Constitution that says that the Imam edits farmans or has to edit farmans or has to approve farmans before they are released for distribution?
A. There's a very clear constitutional mandate. If you read article -- the only people that are authorized to do that are constitutional board. If you look at the article, very clearly article 14 of the Constitution, 14.1(c) clearly says that it is only the Imam who -- it's very clear on -- 14.1 article C is absolutely clear.
Cross-Examination by Mr Jiwa.
Q. I'll come back to that in a second. I just want to focus on the question that I asked you. My question, and I'm going to repeat it again: Is there any article in the Constitution or is there any farman that says before any farman that has been made by the Imam, before it is distributed to the jamats, has to be edited and approved by the Imam? That's my question.
A. Not in the way that you describe.
Sachedina #617 - #618:
Cross-Examination by Mr Tajdin.
Q. Okay, that's fine. I'm referring to tab D of -- 3(d) -- now you have to bear with me. It's the first time that I am doing an examination. And Shafik, honestly, I think in French, I speak in English.
Q. So sometimes --
A. Thank you very much. I am grateful. That is first time on record somebody can say that. I thought I was the only one saying that.
MR. GRAY: That's okay. I think probably it's the first time Mr. Sachedina has been examined.