Welcome to F.I.E.L.D.- the First Ismaili Electronic Library and Database.

Contradiction: Recall all books or just the Golden Edition?

Would the Imam ask Mr Tajdin to undertake an impossible task?

[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 #453 - #459:
Cross-Examination by Mr Jiwa.
Q. Now, if you go to the first page, the last sentence -- last paragraph, rather, he says in there: 'I believe that this has been explained to you by the institutions on a number of occasions. I, therefore, expect you and the other murids who are working with you immediately to take all necessary measures to recall and to withdraw from your circulation your recent publication.' [as read] Now, would you agree with me that in this letter he's asking Mr. Tajdin to recall? What do you understand by 'recall'?
A. Whatever he has been able to distribute to whoever, he should get them back, if possible.
Q. Do you agree with me that Mr. Tajdin has no legal recourse to withdraw or ask anybody to return the books?
MR. GRAY: Don't answer that.
--- REFUSAL
BY MR. JIWA:
Q. Would you agree with me that this sentence imposes on Mr. Tajdin to do something that it is not possible to do; would you agree with me?
MR. GRAY: Are you asking him a legal question, is it possible to do it or not?
MR. JIWA: No. I'm saying that His Highness is asking here, his letter, telling Mr. Tajdin to recall.
BY MR. JIWA:
Q. Let me give you an example. By this letter if Mr. Tajdin has given me hundred books, tells me, 'send it back to me' and I refuse to do so, what can Mr. Tajdin do?
MR. GRAY: Don't answer that question. You're asking him about a legal question and --
--- REFUSAL
BY MR. JIWA:
Q. Would you agree that he has no legal recourse to come to me?
A. I would not be able to respond on legal matters.
Q. So would you agree with me that what His Highness has written here is practically impossible to achieve?
MR. GRAY: Again, don't answer that question.
THE DEPONENT: Same answer again.
--- REFUSAL
BY MR. JIWA:
Q. Would you also agree with me that his only concern now with this publication, because all he's asking to withdraw is your recent publication; he's no longer concerned about his previous publications; would you agree with me?
A. This publication covers farmans from the previous publication.


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