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 |
- Printer-friendly version
- Login to post comments
- 1333056 reads
Comments
Constitution & Farmans
Letter dated 13 October 2013
H H the Aga Khan Shia Imami Ismaili conciliation and Arbitration Board for United Kingdom (NCAB)
Copy to ICAB (Chairman) & UK Council (President)
Dear Chairman and members of the Board;
Thank you for your letter below (Annexure 1).
1 IDENTIFICATION & PROOF THAT I AM AN ISMAILI
a. You request evidence that I am an Ismaili, when;
b. You (NCAB), have confirmation that I am an Ismaili
i. In our institutional databases incl. IIUK, and
ii. Institutional Darbar databases, and,
iii. TKN Databases, and
iv. IIS and Waezeen Scholar Data bases, and
v. ITREB, and
vi. President of Council has met me and confirmed I am an Ismaili (as you (NCAB) know)
vii. NCAB Board Members have seen and met me in Jamat Khane & WL Leaders work shop - Road show)
viii. Appointees Databases - You know I was Hon Secretary of ITREB for 4 years
ix. Mukhi Databases - I was a Mandli Mukhi as you know
x. You have been dealing with me in cases started in August 2012 as an Ismaili. If I was not you would not.
xi. So why this proof now?
I have sent 2 proofs i.e. Passport and Driving License with my letter regarding information & data under the UK law.
Can you now confirm that you & NCAB are now satisfied that
I. I am an Ismaili and I can submit cases to NCAB and
II. I can seek information and assistance from NCAB which I am entitled to do under our constitution and Farmans.
III. NCAB has not in fact given me any assistance what so ever, so far.
2 YOU SAY NCAB IS NOT AUTHORISED TO GIVE FARMANS OR TO INTERPRET THEM
a. You say you are not authorized to give Farmans to me, when you know;
b. I have requested but you have not provided me with evidence and or Farman’s which say that you (NCAB), are not authorized;
i. to have Farmans
ii. to use Farmans
iii. to give farmans to Ismailis
iv. To interpret Farmans
a. (ITREB have said even Waezeens are not authorized to interpret them or to have or give copies to the Jamat)
v. Farmans are an integral part of our constitution as is the law of the UK and our constitution is also a Farman( see annexure 2 and 3 below))
c. In addition I have submitted to you the Farman’s proofs confirming that all Farman’s must be given to me and all Murids. (Annexure 4 below). Can you provide evidence and Farman’s which say the very opposite.
3 NCAB SAYS I MUST USE AN INCOMPLETE CONSTITUTION AND THEY ARE USING AN INCOMPLETE CONSTITUTION
a. You say you are using an incomplete constitution and I should also use an incomplete copy of the constitution, when you know that is unconstitutional under our constitution, legally, morally, and under the law of the Land
b. The Ismaili constitution is made up of the following, not what unverified parts you have shared;
i. The constitution as ordained and amendments including but not limited to the constitution of 1998.
ii. All the verifiable & approved original rules and regulations including all amendments by way of regulations and or Farmans.
iii. Farmans (as defined by Imam in the constitution), because Farmans can and do supersede our constitution (confirmed in our constitution)
iv. Ismaili Interpretations and in cases in the past which have been used is precedents by Waezeens, NCABS, ITREBS, and ICAB
v. The law of the Land in our case UK and EU
vi. This list is not exhaustive (as in all constitutions which are dynamic and enabling as Hazar Imam has also said in a Farman)
c. The full constitution includes the law of the land which NCAB confirms they are required to apply in all their cases. You are saying that you do not provide or apply the law of the land and you have in fact not applied this so far.
d. I have asked for verification of the completeness and authenticity of the incomplete constitutional rules you have provided, and the incomplete parts of the constitution and rules provided to me, and used by you.
e. Therefore I ask you again to provide the requisite information and documents.
I look forwarded to hearing from you