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

Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29

Date: 
Thursday, 2010, April 29
Location: 
Source: 
Heritage News
20100429-court-filings.jpg

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

Latest News Comments

AttachmentSize
Tajdin Defence Apr 29.10.pdf491.02 KB
Jiwa AK Defence Apr 29.10.pdf543.82 KB

Comments

remembering the 6 facts too

6 FACTS ABOUT THE FARMAN LAWSUIT
1 Did you know that Mawlana Hazar Imam (the Plaintiff) has not filed any
evidence nor asked for any evidence to be filed to defend his lawsuit?
The only evidence in the lawsuit are two affidavits by Shafik Sachedina and Aziz Bhaloo, both
of whom have admitted under oath they were not asked by Hazar Imam to file affidavits.
Without their affidavits there would be no case because lawsuits without evidence are
dismissed precisely for “lack of evidence.” So why did they file if they were not asked?
And if Hazar Imam started the case, why hasn’t he filed any affidavits or evidence?

2 Did you know that Hazar Imam is, through other court actions now on going
for 3 years, seeking damages and costs from the Defendants (two murids)?
We know from history the Imams have forgiven those who have murdered members of the
Noorani family or even previous Imams.
We know in the Mir Bose case, which Hazar Imam initiated in the 1990s, he said he was only
seeking to stop Mr Bose from publishing his book and was not seeking damages or costs.
Given this history and given the Imam is all merciful and forgiving, are we Ismailis to believe
that our Imam would be so petty so as to seek damages and costs (over a comparatively
minor matter) from a murid for merely publishing his farmans – 90% of which he has been
publishing for 18 years with the full knowledge of the leadership and no issue whatsoever?

3 Did you know that Nagib Tajdin (a Defendant) told the Judge he will pay
double of whatever amount Mr Gray (Hazar Imam’s alleged lawyer) asks to end the
action for damages and costs, but Mr Gray refused?
Did you know that Alnaz Jiwa (a Defendant) offered Mr. Gray the full value
($4,900) of the 98 farman books he obtained and distributed, that is, taking the
whole value as profit, but Mr. Gray refused?
Why would Mr Gray refuse? Is there another agenda?

4 Did you know that when Hazar Imam met the Defendants, in Toronto in
October 2010, in the presence of Mr Gray, Shafik Sachedina and Mahmoud
Manji (then National Council President for Canada), he offered the Defendants
copies of farmans with annotations made by the Imam himself?
Is it not strange, that Hazar Imam would offer such valuable copies of the farmans to the
very same people he’s suing for not respecting his copyright; people he’s so angry with he’s
even seeking costs and damages from them? And, is it not strange we are told by ITREB we
cannot have farmans in our homes, but Hazar Imam offers his annotated farmans to two
murids? Neither Mr. Sachedina nor Mr. Manji have denied this offer was made.

5 Did you know that no contact was made with Alnaz Jiwa before the lawsuit
was filed against him and that in the October 2010 meeting with Hazar Imam,
Hazar Imam confirmed to all that he knew Alnaz Jiwa was not involved in
publishing the farman books, yet Alnaz Jiwa is still being sued today?
In fact, Alnaz Jiwa was not even contacted prior to the suit being filed against him. Not a
single letter, e-mail or phone call to him from either Hazar Imam or the leadership. No
dialogue or communication whatsoever.
In Badakshan, in 1995, Hazar Imam said:
“Differences must be resolved within the ethic of our faith, through dialogue, through
compassion, through tolerance, through generosity, through forgiveness.”
Are we then to believe that Hazar Imam actually sued a murid without even contacting him?

6 Did you know that in Madagascar, in 2003, Hazar Imam made a clear farman
explaining Islam’s ethics on resolving disputes?
“Remember that Islam says: try to find compromise in your conflicts, so that each may
retain their dignity. Islam does not say: there must be a winner and a loser.
“And if, in your differences, you seek absolute victory, and in these differences there are
losers, these losers are marginalised, they lose their position in society, they have great
difficulty in rebuilding a sound future.
“Thus, I ask the Jamat today, when you have differences between you, find solutions of
compromise so that each may come out of the situation with their heads held high, that
none can say of such and such family or of such and such individual that it is over, they have
been destroyed. This is not Islam; destruction is not Islam.”
(Mawlana Hazar Imam, Madagascar 2003, Unofficial Translation)
Are we to believe that Hazar Imam would do the exact opposite (ignoring his own farman)
and not seek compromise? On the contrary, Hazar Imam’s offer of annotated farmans was a
magnanimous compromise and gesture that preserved the Defendants’ dignity.

NOW SEARCH YOUR HEART AND ASK YOURSELF: DO YOU REALLY STILL BELIEVE MAWLANA HAZAR IMAM
IS RUNNING THE FARMAN LAWSUIT TODAY?
* If you really still think he is, what would you answer if Hazar Imam were to ask you ‘Do
you really believe this is how I behave and what I would do?’
* If you don’t think Hazar Imam is running the lawsuit today, then have some courage and
forward this to your contacts.
Just because our leadership tolerates this witch hunt it
doesn’t mean the Jamat must also. Hazrat Ali has said “bravery and truth are always
found together ...”


Back to top