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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

Request to Leaders - Lawsuit

Dear President Mawji, (President UK Council/LIF), Noordin Nanji (ICAB) and M Eboo (LIF). (cc Nagib Tajdin, Alnaz Jiwa, Shafik, A Bhaloo, M Manji, Malik Talib, M Keshavjee, E Ruplani and Amyn Kassim Lakha, & Azim Lakhani)

Dear All

Shafik wants an apology from Nagib and Alnaz. They have done what Hazar Imam has said. Shafik has not. Bearing in mind the following, and what Nagib and Alnaz have said below. Please consider my further request.

1. Nagib and Alnaz have never questioned Imam's authority or copyright
2. Shafik with Azim Lakhani, M Manji, A Bhaloo, M Keshavjee et al circulated false and misleading announcements, Talika, information, and affidavits against Nagib & Alnaz. This was before and since the filing of the lawsuit.
3. Nagib submitted evidence of forgeries to you, and ICAB, (who have refused to investigate on the basis that they the claim have no mandate to even entertain a complaint from a murid who is holding a position in the Jamats Institutions. They refuse to give a “full” copy of our constitution and or Farmans regarding their mandate on not accepting complaints against a murid who is a an appointee)
4. Filing a lawsuit for sharing Farmans which Imam has said we must all do, and which Imam said Nagib can do in 1972. (Hazar Imam remembered the Mehmani in the meeting in October 2010. Imam and court have allowed us to retain and share them.)
5. The lawsuit was started without any effort to resolve the lawsuit internally. Shafik with others circulated false announcements to the Jamats to say that “every" effort was made with Nagib and Alnaz to resolve the matter internally.
6. Nagib and Alnaz agreed to meet Shafik with you and or top leaders involved to resolve this internally. They have refused to do so, so far.
7. Nagib and Alnaz have done what Imam said on 15th October 2010. Shafik has not.
8. Shafik and Manji are not meeting, let alone ‘working together’ with Alnaz and Nagib’ as Imam asked them to do on 15th October 2010
9. Shafik, Bhaloo or Manji, did not consult or involve other Leaders and or Local Mukhis. (They said in court that Hazar Imam had asked them to do so on about 30th March 2010. They did not. Instead Shafik went around telling everyone that Hazar Imam was personally handling the lawsuit and Hazar Imam was personally giving instructions to Gray. This is also blatantly not true)
10. Imam asked for the lawsuit to be ended on 15th October 2010. Shafik and Manji/Malik have not done so
11. Malik Talib went incognito to Nagib's printers and sought information and names of those to whom books were sent to. (Malik was the Vice President at the material time and 15th October 2010)
12. Imam says our constitution must be available to every member of the Jamat. This is not so and is being actively blocked. (Even the basic part of the constitution in some countries e.g. Afghanistan, & USA.)
13. Imam says Farmans must be given to the Jamat to read. These are being blocked and are not given by them. Even to read in JK in many countries
14. Shafik, Azim and Keshavjee et al, said in their announcement that Hazar Imam has authorised the publication of Farmans. This was 5 years ago. These are still not published or available to the Jamat.
15. .Shafik and Bhaloo filed affidavits which they say in court that Hazar Imam never asked them to file. Hazar Imam has not filed a single affidavit. (Aziz and Shafik have admitted this in court. Would you or anyone else file an affidavit if Imam did not ask, and Imam did not file an affidavit, and Imam did not even see your affidavit and that too in an unprecedented case against his own brothers and Imam’s children for sharing his guidance which he said they can and we must all do)
This lawsuit can be ended internally and with dignity and respect for all. I therefore request you to arrange a meeting at which you, Shafik, Nagib and Alnaz are present. Failing that for you to collectively request a meeting in the presence of Hazar Imam at which Alnaz, Nagib and others you wish, are present.
I hope and pray that you will now do so and avoid this going to court and Hazar Imam having to give guidance in Court again. (see below)
With Ya Ali Madad
Mahebub

Email from Nagib Tajdin
On 31 May 2015, at 17:28, Nagib Tajdin wrote:
I do not wish to be dragged into this discussion so this is my last post in this email list.

So I will be brief: There was a lawsuit based on the affidavit of Bhaloo and Sachedina. There were forgeries in document they presented to us, which WE were the one to file first in Court with the forensic un-contradicted report. There were defenses filed and my counter claim in my defense about forgeries which I agreed to remove against Michel Parkes the secretary (Staff, not officer) who was only the messenger, not the forger. To end the matter it was necessary to remove that counter claim.

Basically as a face saving for all, the judgement sought would just say that we accept copyright (which we had never denied anyway). After Hazar Imam was gone, I made several more concessions to Gray and Sachedina hoping that they would reasonably obey Imam's instructions to put the matter to rest with a consent judgement. They did not.

second: I did not have to "ask" if Imam remembered the Mehmani of 1992. The Imam Himself said so without me asking, and he explained to Sachedina, Gray and Manji, though he was not obliged, that not only he remembered the Mehmani VERY WELL but the reason why he gave us the instructions to continue publishing.

Third, I am not a lawyer, I am first and foremost a Canadian Ismaili and Ismailis do not question the Imam.

fourth: I was not attentive to the sign language between Gray and the typist and the manipulation happening.

I have said the same thing since 5 years. Let Sachedina and Manji give their version of what Imam said for half an hour and why He needed half an hour to say what they suggest He may have said and why THEY put what he said "off record" and why the tape for which they did not let me organise under pretense of safety issues, is now empty of whatever Imam said. And if they thought Imam will support them in what He would say, why they put Him "off record".

Nagib

From: Nagib Tajdin [mailto:nagibtajdin@yahoo.com]
Sent: 31 May 2015 04:55
Within a year, there will be a trial for the Reference process for which the Mediation has not succeeded.

That trial will last 2 days in front of Justice Harrington, the same Judge who has already ordered that the Reference money should be personally be paid to the Imam, who will choose how to spend it. The "Plaintiff" Gray will ask millions from defendants. All the money he has charged the Karsaji to fight the Defendant.

But a trial is an interesting place because witnesses are called to prove this point.

And the Plaintiff and the Defendants will equality have the legal opportunity to call Hazar Imam to the witness box and the Imam will then openly say whatever he wishes to say.

So lets see whose patience and whose trust gets rewarded on that day.

Email From Alnaz Jiwa

[mailto:alnazjiwa@hotmail.com] Sent: 31 May 2015 13:45
Dear brothers:

I am drawn to write because of speculative comments made in these emails. These equate to gossip.

First of all, when we met Hazar Imam on October 15, 2010, He made it clear that He did not issue the Claim or that He wanted Farmans books distribution to be permanently stopped.

I will not write all details again as I have noted them before.

One point should suffice, for the intelligent. Just before finishing Hazar Imam asked Mohammad Manji and Shafik Sachedina why they could not work together with US, Nagib and me.

This one point should suffice for the intelligent.

Why court case continued.

SS opposed Hazar Imam (MM also opposed but on another point) and wanted Hazar Imam to order return of all Farman Books. Hazar refused to do so.

SS and MM felt that if they continue case they can get Judge to have all books returned. That did not happen.

So SS used courts to get as much info from us as possible for names and information. And now SS wants us to apologise and says that if we apologize they will not want any money from us.

We have refused to apologize.

About there costs issue. Just so that people know, we consented to the costs of $30,000 without questioning or even asking for Bill of Costs and challenge costs as they lost the bid to have all books returned.

Alnaz Jiwa


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