Ismaili.NET - Heritage F.I.E.L.D.Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29
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 and sells them for C$50.00 or gives them free, 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
| Attachment | Size |
|---|---|
| Tajdin Defence Apr 29.10.pdf | 491.02 KB |
| Jiwa AK Defence Apr 29.10.pdf | 543.82 KB |
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Comments
Question - Changing leaders
Question and Answer as Received. - Do you agree ?
Question
On Sat, Mar 16, 2013 at 3:22 PM, gafoor:
I have a question. If a leader is appointed by our Imam to serve the Jamat and the Imam and the appointed leader is not serving the Jamat fairly and is protected by other leaders, does the jamat have a right to remove the leader from their office? As CAB UK and ICAB have said that they do not have jurisdiction on some of these leaders as they are above the constitution. So what rights do the Jamat have in these issues?
Answer
Good question Gafoor. Yes, the Jamat can remove such Leaders. Let me explain.
The reason they have not, is because the Jamat do not know. The reason they do not know, is because the related information, Farmans , speeches, and the full constitution are selectively blocked and changed. We also know the Jamat are misinformed ( for example the 2 LIF announcements and What Hazar Imam said in the GJ London Farman )
The Jamat are supposed to, and do recommend who should be appointed. But the process has been changed by the few, to a pyramid type of control and command process. This is closely managed with an iron fist. Transparency and consensus is not followed to the letter or the spirit. Especially, when it comes to the key positions.
Sadly and gradually the very system has been taken over and perfected to a fine art by the same "inner circle" They collectively exercise absolute and effective control of the key and strategic positions including the 100 plus of the “Jamats” constitutional companies, funds, & AKDN . Who appoints them ? . The inner circle, & especially the key positions.
The gross assets today, excluding Hazar Imam's personal assets and funds are over $10 billion. Did you not know? If Shafik Sachedina and his inner circle had not filed the lawsuit , and if not for the internet and Nagib Tajdin, the Jamat would not have known. We know Nagib has been selflessly seriving the Jamat since 1992.
Who do you think wanted us to know. Why did Hazar Imam not say I am the plaintiff , but gave directions for 30 minutes on 15th Oct 2010? You need to reflect and then do what Imam is asking you to do.
Those who are recommended by the inner circle are those who are from their inner circle and who are proverbially the “yes” circle and focused on sharing the proverbial booty (strategic positions, budgets and benefits/gains).
Hence the musical chairs and the multi appointments, multi interests and multi positions. Plus of course the secrecy and special project appointments and those budgets. The appointment process and even then names of all those serving in the Jamats 100 plus companies, is not shared with the Jamat nor are all the financial reports. In most countries you cannot even get contact details of your own leaders. as you know. We do not get a report to say how many Ismailies, how many of the inner circle and how many non Ismailies are benefiting every year from the billions being spent by the Jamats Institutions and companies.
Like many others in the “inner circle”, Shafik Sachedina for example has 16 multi- positions with multi interests. He says he is also heading DJI, DDA and “Imamat" which is an Institution of the Jamat and for and for the benefit of the Jamat , (not to be confused with Hazar Imam as "Imam" or "personally")
Sachedina and others sign on behalf of the "Ismaili Imamat” (The constitutional Institution). They hide the true and complete constitutional companies, boards, core committees, funds and related structure in order to confuse and block the Jamat and others.
When we are told by them that Hazar Imam has appointed some of the Leaders's under our constitution, we are told to take their word for it. We are told only Hazar Inam can remove them. Not correcrt complete or true.
Hazar Imam has told us to seek and verify what we are told. Hazar Imam said for example that the leaders are not telling you what Imam is telling them to tell you. To seek competence accountability and answerability. Why does Imam say this If Imam does not want the Jamat to do so? You must reflect carefully on this.
What happens today in the appointments process generally? The Jamat locally and nationally recommends a few names. They go to your the President. He has the right to change and or add more names and what he goes is secretive and does not share except with the select few. The right of the Jamat has been replaced at this stage of the process. Then the President discusses them informally with DJI - Shafik Sachedina who gets involved with Huzur who are appointed for Life. The inner circle takes over informally and they decide behind the scenes. There is no transparency.
When the top National Leaders meet Hazar Imam every 3 years, for the End of term meeting. Shafik Sachedina and the core inner circle are present and anyone who does not toe the line is quickly spoken to, or excluded from the inner circle immediately or marginalized. They have been previously tested, before they are included in the first place.
The yearly appointments are all done by the inner circle, and there are no annual meetings with national leaders specifically for this.
Recently I asked Shiraz Kabani about his 10 multi positions in UK. He said they are given under the constitution - Where in the constitution and rules which say the vice President of UK must have 10 multi positions. I have not been provided with the full and complete constitution or where it says about the multi positions with multi interests and or conflicts of interests.
When the names they have agreed are given to Hazar Imam with the reports. Hazar Imam confirms the appointments recommended by them. They confirm to Hazar Imam that those recommended are the best appointees and unanimously agreed by consensus with the National and local Leaders and therefore also the Jamat.
Hazar Imam does not select, remove or replace Leaders. Hazar Imam has given this responsibility under our constitution to our Institutional Boards. Can the leaders tell me which Leader has Hazar Imam removed without a specific recommendation from their Boards? Do all Leaders know the process and the ground reality? Have they seen the related Farmans with Imams annotations regrading the process.
To appoint a new Ismaili, or to excommunicate, & suspend a murid, Hazar Imam has also given that responsibility to our institutional Boards, and there is a process. You can see what NCAB and ICAB are not doing. When it comes to the inner circle, they are treated as being above the constitutions and Farmans. How can they be sure what they are being told, is what Imam is telling them ,without having Farmans and Imams annotations ?
The solution is for Leaders and staff down the line to seek and share the truth, including Farmans, annotations, our constitution and reports. You need to question critique, and verify what you are told. Especially if you know or think that is not what Imam says in Farmans. Imam also says you must use your intellect.
After going to NCAB and ICAB the next legal steps may become necessary before the inner circle stop blocking and gives to the Jamat what belongs to the Jamat including especially the full constitution, all Farmans, and all our constitutional reports. We know NCAB and ICAB are not what they are saying and what Hazar |Imam is saying in Farmans.
If you really want change, you must be the change you want - so each one of us needs to seek, share and help by doing what Imam says in Farmans. Not what Sachedina says when you know, that is not what Imam is telling him to tell us ( GJ London Farmans - which he and the inner circle deleted from the Farman)
Let us change, and work together selflessly in the collective interest of all the Jamat, not for the selective interest of the few, and their multi positions and multi interests.
If I am wrong on any of the above I request the leaders to clarify what is the correct process and the facts. And if you are not in the inner circle do you have all the Farmans , annotations, reports, or the full constitution and constitutional reports.
Ya Ali Madad and Navroz Mubarak
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