Meeting the Imam: Defendant's Alternatives
Defendants present some alternatives that the Imam had to make them stop their activities without needing to meet them.
[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
Jiwa #122 - #124:
Cross-Examination by Mr Gray.
Q. Well, is it your evidence that you won't accept...the Aga Khan has not consented that the Aga Khan has not authorized this lawsuit unless you speak with him in person? Is that your evidence?
A. My evidence...you know what? don't need to speak to him in person. I don't need to speak with him in person. He has, despite the evidence to the contrary, he has very simple ways of dealing with these issues. And that leads me to believe that, you know, he is not behind this litigation.
Q. But you don't need to speak to him in person.
A. I don't need to...
Q. And so you would accept something in writing?
A. Writing at this moment is becoming difficult to accept. But I have told you that he has got quite a few...at least two other alternatives to stop this stuff or stop the publication of Farmans and he has chosen not to do
so. That leads me to believe that he is not behind this.
Sachedina #433 - #439:
Cross-Examination by Mr Jiwa.
Q. But the concern is, as I understand, it seems to be that whether they are official or unofficial, he doesn't want them to be outside of jamat khanas distributed either by email, by photocopies, by books?
A. That's something he doesn't wish.
Q. He doesn't you say?
A. Except from the described process.
Q. And yet since 1997 at least, perhaps earlier, as you said, but at least since 1997, he frequently told you that he's concerned about this, would you agree with me that he had an excellent opportunity when he went around the world to make sure that the jamats doesn't engage in this activity. He never did; correct?
A. That's the Imam's decision --
Q. Yes. I understand.
A. -- what the process is. It's up to him.
Q. I'm not asking you why he didn't do.
Q. Of course you're right, its his prerogative. What I'm telling you is despite that he went around the world, he never mentioned any farman anywhere to say don't engage in this activity. You are aware, aren't you, that he has, for instance, said, 'I don't want you dealing drugs, I don't want you smoking drugs, I don't want you to grow drugs, I don't want you to transport' -- he said that in jamat khana?
A. But those are in the context of a farman.
Q. I understand. But he said that. So he's able to say in the farman and stop this; would you agree with me?
A. If he wished to do that. That is the prerogative of the Imam to do what he wants to do and say what he wants to say, if he wished to say, whether in his people whether that's something he wants to say to the jamat in public. But this is an institutional issue.
Sachedina#448 - #450:
Cross-Examination by Mr Jiwa. (until reporter appeals)
Q. And it says, the second sentence: 'In order that there is absolute clarity that the legal steps have been undertaken is the sad last resort.' Right? Would you agree with me that this is not a 'sad last resort'?
A. It was from Imam's perspective a 'sad last resort' because he tried in many ways for this not to go to this level.
Q. I just told you that if the Imam has been concerned, if he has been concerned about these activities, and according to you since at least 1997, he has a number of occasions -- for instance, 1998, July, he amended the Constitution and he could have made it abundantly clear that nobody but the Imam can do this. Number 2, and I just explained to you that he could have made the farmans as he went around during Golden Jubilee because this has been a concern for a long time, as you've been saying. So would you agree with me that the sad last resort is not true?
A. Let me tell you and maybe --
Q. Yes or no?
A. It is a --
--- The reporter appeals.
MR. GRAY: Let him answer the --
THE DEPONENT: I have a right to explain. 'Sad last resort' because for the last ten years, since after -- from 1998, after my visit with Nagib, and, in fact, the last publications of Nagib, nothing, as far as I'm aware, there was no publication. This issue only arose because of this publication that was produced.
MR. GRAY: The Golden --
THE DEPONENT: So there was Golden. This is the book that has come out. This is the book in question --