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
Who do you believe?
ICAB/DJI say that ICAB and NCABS are not Judicial Bodies ! Hazar Imam in the constitution says they are Judicial Bodies. M Keshavjee says they are Judicial Bodies.
I believe Hazar Imam not Nanji/Sachedina ? Nanji said to ICAB Hazar Imam has given a Farmans to him regarding the Lawsuit and principles of ICAB - That Farman no one else knows about except him and Shafik Sachedina 1 If this was a Farman only to Nanji then Imam says he will send evidence that it is from Hazar Imam. He has not given that Farmans to be read in Jk or shared it with Nagib and Alnaz (according to the LIF announcement / Who do you beleive ? Nanji/Sachedina or Hazar Imam.
Letter sent to ICAB/NCABS & Leaders as received;
ICAB have stated that they do not consider ICAB and NCAB are “Judicial Bodies” . I invite you and them to consider the following and let me know the basis on which ICAB and NCAB have come to the decision that they are not Judicial bodies for the Ismaili community.
1 The constituting confirms ICAB and NCAB are Judicial Bodies
2 ICAB and NCAB also confirm that they are a “judicial” body and do “adjudicate” (below part of evidence submitted )
3 M Keshavjee participated in the drafting of the constitution. He was head of ITREBS for over 25 years, who is working with DJI/IIS since about 1980, who is a lawyer, and was/is a Head of the training for NCAB/ICAB for over 12 years.
4 He confirms ICAB and NCAB are also judicial bodies.
5 Under the UK law ICAB and NCAB also act as a Judicial body when adjudicating complaints such as my complaints under our constitution. They state they have regard to the UK Law and principles of natural Justice and the ethics of our faith (in the order and reasons)
6 ICAB has not provided or quoted any sections of the constitution, rules, precedents, expert opinions/interpretations, and or from Farmans in coming to this conclusion or interpretation of our constitution, and or provided me with the full constitution and the precedents of NCAB and ICAB. In this context
EVIDENCE that NCAB and ICAB are Judicial Bodies and do Adjudicate
The constitution states (4.2 Mandate)
“..The Constitutional mandate of the CABs in Canada provides for them:
“..(b) to act as an arbitration and judicial body and accordingly to hear and adjudicate upon:
NCAB Canada Constitutional Rules “ ICAB and NCAB act as Judicial bodies including to adjudicate..”
M Keshavjee confirmation NCAB and ICABS are “Judicial Body 16th March 2009
“His Highness Prince Aga Khan Shia Imami Ismaili National Conciliation and Arbitration Board” for the territory for which it is formed. ..The Boards also act as an arbitration and judicial body, and accordingly hear and adjudicate upon such disputes. At the international level, the Constitution provides for an International Conciliation and Arbitration Board (ICAB) composed of a Chairperson and six other members. ICAB also acts as an arbitration and judicial body and accordingly hears and adjudicates upon the above matters. A decision by the ICAB is final, conclusive and binding upon all the parties, provided they have voluntarily submitted earlier to be so bound…”
Mahebub Chatur