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
Reply & email to Mukhis,
Reply & email to Mukhis, Leaders and Jamat, "..The present culture and mind-set of secrecy and control by the them needs to be changed with a culture of “share and care”. All of us have an individual duty to share, demystify, and increase understanding of our faith which is material as well as spiritual. They are both together and equally a part of our faith. (I am waiting to hear from Shafik & Leaders concerned) A change started in 2010, after the lawsuit was filed by Shafik. I agree today we do have the tools and more are realising, caring and sharing.
More Mukhis, Kamadias and Jamat are now aware and seeking more information internally. Mukhis and Kamadias have a duty and an obligation to intervene and lead where they know the Council, ITREB or AKDN are not doing what Imam is saying in Farmans. Those that do not know need to be made aware and to seek Farmans. If they have to they must go and see Hazar Imam.
Remembering also ;
• The GJ Farman when Imam said leaders are not telling the Jamat what Imam is saying. That sentence was deleted by Shafik, Zauhar, M Keshavjee and ITREB Chair – Poonja. And,
o Shafik says Imam thinks in French and so does not mean what he says in English.
o He says in court that Farmans are available in all Jk globally and even in remote locations which is also not true.
o He does not follow Farmans of MSMS, and yet these are read in JK and are valid. etc
• The evidence of Forgeries submitted by Nagib in court and a complaint to our Institution to investigate. They have not so far. Their reason is that a complaint cannot be made against him because he is a leader.
• The many specific instances of them not doing what Imam is saying ( see emails)
• The 92 proofs and Farmans in which Imam says Farman’s must be given to the Jamat
• The constitution says Farmans must be read with the constitution. The constitution is being blocked from the Jamat for example USA, India, Central Asia
• The budgets and reports of the Jamat and of the Jamats constitutional and institutional resources are not given to the Jamat and to even Mukhis and Kamadias (who represent Hazar Imam)
As to why Shafik and his inner circle are not doing as Imam says and blocking Farman’s and our constitution. This is clearly because they want the status quo, & control, so that they can continue to exercise the near absolute authority they promulgated and, effectively perfected in the last 25 years. Shafik filed the Lawsuit against Nagib and Alnaz and was recently trying to file a lawsuit against me. If not for the defence and sharing by Nagib and others since 2010, they would have succeeded in exercising absolute control and block Farmans and the constitution. Shukhr and thanks to Nagib, Alnaz and all those momeens who are now sharing and doing what Imam is saying in Farmans.
As to those who know and are deliberately disobeying Farmans, the root reason can only be material self-interest ( Hazar Imam refers to this as “excessive material greed “ and, being “hypnotised by materialism”)
Regarding poverty and what our institutions have done in the last 15 years and especially since GJ when poverty was declared as one of the Major Key goal and funds were allocated accordingly. For example We have a new case in Bamiyan. The Jamat there is very poor and a new JK was built and started in 2013. Mukhi and Kamadia have been asking for transport for the Jamat to attend. More than 90% cannot afford basic necessities which in the west are taken for granted
Attending Jamat Khanna, Children accessing Bait ul Ilm, poverty, and education, all have the highest priority in Farmans and since 2007. Our Jamats constitutional entities are in Bamiyan for about 12 years. This is the poorest area in the country and with a large Shia population and, Ismaili areas and villages. There is over 50% unemployment, with one of the highest infant mortality rates in the world. At the new JK AKDN/Council are operating our Jamats branch of the first micro finance Bank and management/Admin.
Recently the Mukhis and Kamadia’s there approached international Ismailis and NGO’s for help. Some Ismailis internationally and nationally are now trying to help them. Mukhis and Others locally now know there is a constitution and they have access to a copy of the international ones which are being translated in the local language and shared as we speak. They are now waiting for a response from the Council and or AKDN head (DDA/DJI). They have a duty to resond to Mukhis and Kamadias who represent and are in place of Hazar Imam and the Jamat. They now also know what Imam has said in Famans, and that the Jamats institutional Budgets for Bamiyan, controlled by the Council and AKDN is over $50 million, of which $40 million has been granted by the Canadian Government and a hospital is being built there managed by AKF/AKDN (Plus budgets from other Jamat’s constitutional entities including Roshan). And Hazar Imam has said in GJ Farmans that all Programs and budgets of AKDN must first and in priority benefit the Jamat immediately and in the foreseeable future.