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
Blatantly Insulting.& Disrespecting.....
How on earth can ICAB and NCAB as Judicial Bodies make rulings without giving or having the full constitutin ? Epecially when they are also not allowed to copy, interpret or explain Farmans ? Without them how can they or anyone interpret them, let alone correctly. There is evidence of forgeries against sachedina !
What else have they been doing for the last 20 years and getting away with ? SS and Co are blatantly insulting the Jamat and damaging Image of the community. Those who know must tell the truth about everything they know ?
A letter sent to NCAB and ICAB as received.
" I refer to the ICAB Order & reasons dated 10th June 2013. I confirm I wish to make a fresh complaint against A J Dharamsey, and
1 I understand NCABS have a new process and forms to make a complaint. Can you please let me have them.
they a
2 I note my complaint against Shafik, Azim, and Mohammed was considered (and treated by ICAB), as a complaint against them in their capacity as Leaders. I wish to therefore make a fresh complaint against them as “Ismailies” (not as Leaders or staff). Can you please confirm that I can make a complaint against them as Ismailies ? Under our constitution any ismaili can make a complaint against any other Ismaili.
3 I not received the full constitution which comprises the following. Can you confirm that you have the full constitution and that I can access it as and when I need access. Our constitution is a Farman. A Farman is defined in our constitution as “Any pronouncement, direction, order, or ruling given by Mawlana Hazar Imam” The full and complete constitution is made up of :
a. The Global constitution ordained on 11th July 1998. (Which includes the constitution ordained on 13 December 1986, and is consolidated in the 1998 constitution which supersedes all previous constitutions
i. This has been provided to me by President of the UK council.
ii. I assume this is the one used by NCAB and ICAB. This has not been confirmed by them in the reasons or the order
b. All previous Farmans and provisions of previous constitutions which are not superseded.
i. This has not been provided to me
ii. President of UK Council said to me that the UK council and bodies do not have this.
c. All the constitutional rules and regulations for UK and Europe Jurisdiction Ismailies. The last one ordained and provided by the President for UK is dated 13 December 1996. All the new and amended rules and regulations ordained and related Farmans since 13 December 1996
i. I have been provided with the rules of 1996
ii. I have not been provided with the rest. President of UK councils informed me the UK Council does not have them. Therefore all the UK constitutional Bodies do not have them. That includes NCAB UK.
d. All Global Farman’s and Imams annotations, since 13 December 1986 which have the effect of changing or interpreting the constitution which is also a Farman.
i. These have not been provided to me despite requests to The President UK, ITREB UK and NCAB/ICAB
ii. The President and ITREB UK does not have them.
e. All precedents which have resulted in the interpretation of the constitution/Farmans.
i. These have not been provided to me
ii. The order and reasons confirm there have been many cases in the past which have interpreted it and established some principles
If anyone has any of the missing documents,please send them to the editor-