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2011-05-25 Payment of $30,000 by a Jamati Member

Background information:

The Federal Court in canada ordered Mr Jiwa and Tajdin (Defendants in the Copyright Case) to pay $30,000 in Cost to H.H. Tthe Aga Khan. A cheque was sent by a well-wisher from London, UK, which the defendant had never met nor did they know at that time who was Chatur,. The Imam never cashed the cheque. Sachedina tried to convince Chatur to take back his cheque. The fact that the cheque was never cashed by the Aga Khan was a blow to the face of those pretending that the Imam had sued his Murids (followers) and that the lawyer was acting on behalf of the Imam in asking those costs. The non-cashing of that cheque was instrumental in convincing the Jamat (community) that Gray may have been hired by Sachedina and not by the Imam.

The following was written by Mahebub Chatur:

27th May 2011

President Amin Mawji and Mukhi Saheb Alnashir Rehmu (West London)
Shia Imami Ismaili council for UK
Ismaili Center
Cromwell Road
London SW7 By email and hand

Dear President Saheb and Mukhi Saheb,

In accordance with our policy of communicating with Hazar Imam (Aga Khan), I request you to forward this letter urgently to Hazar Imam personally, with the enclosed Cheque of Canadian $30000 in favour of “H H The Aga Khan”. I look forward to your confirmation as normal that you have forwarded them. (The cheque is pursuant to the Judgment of Justice Harrington, of the Federal Court of Canada, under file No. T-514-10 whereby he ordered costs of $30,000.00 to be paid by Nagib Tajdin and Alnaz Jiwa.)

Cover Letter To Hazar Imam by Mr Chatur

On June 6th, 2011 Nagib (not verified) says:

His Highness Prince Karim Aga Khan
The Aga Khan Secretariat
Aiglemont, France

May it please Khudavand,

Your Highness;

It is an honour and a privilege for me to forward a cheque in favour of “ H H The Aga Khan “ for GBP £ 19000, which is equivalent to Canadian $30000. This includes an additional sum of $300 in case of any bank or conversion costs. (The sum is pursuant to the Judgment of Justice Harrington, of the Federal Court of Canada, under file No. T-514-10 , and order for costs of $30,000.00 to be paid by the 2 murids, namely Nagib Tajdin and Alnaz Jiwa.)

Unfortunately this lawsuit has not ended based on Imam’s guidance and interaction with Aitmadi Sachedina, and the Leadership by me and many others. The court ordered the sum to be paid, pending the outcome of an appeal which has been filed.

I am making this payment from my own personal funds, and on behalf of my two spiritual brothers, out of love, brotherhood and affection. I do not know Alnaz Jiwa or Nagib Tajdin personally nor have I ever met them. I shall look forward to meeting them.

My reasons for making this payment are as follows;

1 I have studied all the court documentation and thousands of comments by many Murids I have personally discussed with hundreds of Ismaili Murids, and Leaders around the world regarding the 2 murids and this Lawsuit.. I have communicated with the Leaders generally and the leaders involved. I have verified the ground realities. I have the requisite professional qualifications, experience and expertise to enalble me to do so professionally , fairly and objectively.

2 I am convinced that the 2 murids (and their families) are loyal and devoted followers (muirds) and are my true spiritual brothers (They are truly Farmanbardari and Sevadari momeens)

3 They have in the past, and continue to serve the Jamat selflessly, with sharing considerable amounts of time, money, resources, and knowledge.

4 Resources and farmans which they have made available to the Jamat for over 20 years have been invaluable to Leaders, scholars and Al Waezeens around the world. In fact most Al Waez’s in most parts of the world use them because they cannot access them institutionally.

5 After the meeting with Hazar Imam on 15th October 2010, the 2 murids signed a consent order which they sincerely believe was as directed by Hazar Imam.

6 Nagib Tajdin has handed to ITREB Kenya the remaining 193 books as directed by Hazar Imam on 15th October 2010

7 Preservation and understanding by the Jamat of the The sanctity of Mehmani’s.

8 My conversation on 6th December 2010 and related communication with Aitmadi Shafik Sachedina (memorandum attached - annexure 1).

9 Alnaz has suffered professionally and lost business and clients as a result of this lawsuit. The business of Nagib has also suffered similarly.

10 If the lawsuit is not settled and the appeal is not allowed, then the 2 murids will have to pay additional costs.

11 The Lawyers are now seeking assessment hearing to determine the profits that might have been made by these two murids.

12 I am happy to assist and contribute in the interest of the Jamat, as a spiritual brother and a member of the Jamat.

13 I feel a compelling duty to support and assist under the circumstances.

14 As a result of this lawsuit the 2 murids, and their family are facing extreme emotional and socio economic challenges.

15 Hazar Imam has confirmed and directly clearly that all Farmans and guidance are to be made available to all murids, in all locations and in remote locations. Leaders have been limiting and restricting access to Farmans and Imams guidance.

16 I have discussed this with my wife and we are both in agreement.

17 I Informed the 2 murids that I wish to make this payment and requested their permission. They inform me the have considered and agreed.

If the appeal is allowed by the court, It is my wish for Hazar Imam to use the sum of $30000 for any activities Imam so wishes (without any limitation whatsoever)

I seek guidance, and pray for good health, for unity, for brotherhood, for peace and happiness for my family, all our leaders and Jamat. I also seek forgiveness for my shortcomings.

I am sending a copy of this letter to the 2 murids.

Yours truly

Mahebub Alam Chatur

memorandum by Mr Chatur the day before the December 7 hearing

Memorandum - conversation with Aitmadi Shafik Sachedina (SS) 6 December 2010

Dr Shafik called me. He said he was on route to Brussels and will be meeting Bapa today. SS said since he knows me personally he felt he wanted to speak with me to clarify some of the matters in the Lawsuit. The following is a summary of our conversation.

1 SS said, Gray had drafted the Consent after 15 Oct 2010. Alnaz and Nagib did not agree to it. Gray drafted a second one. They signed and sent a different one. Mawla saw and annotated the drafts. The main issue is an admission of infringement

2 SS said Mawla personally picked the legal advisers and appointed Mr Gray. He had not met Gray before the start of the lawsuit and that Firm has not done any work for us (SS – institutions) before the lawsuit. and has not used him. That Firm was recommended to Bapa by the Lawyers in France.

3 SS said Mawla approved and wrote the letters to Nagib, and there was no forgeries of the signatures, by him or by anyone else.

4 SS said it was Mawla who first instructed Gray, and not him. I said that will not be an issue if the case is settled since only one issue remaining. That of an admission of Infringement – He agreed.

5 SS said he does not have anything to do with case as Mawla is handling it direct with the Lawyers and the lawyers in France. I said surely Mawla is sharing with the top leadership and keeping him informed on such an important Jamati matter.

6 I requested him to please speak to the top 5 leaders and then say to the Mawla that there is only one small issue separating us and the 2 murids which is an admission of Infringement. I requested SS to give Mawla the 7 reasons I gave why we need to preserve the sanctity of Mehmani and end this case with honour and respect. I said he can say to Mawla, we as leaders would like one opportunity to meet the 2 murids as leaders in a group to agree the infringement issue, and conclude this case by consent. By doing so we can also legally achieve the objective and the santity of our mehmani, rites and ceremonies will also be protected. I said Mawla would be very happy. If for some reason Mawla does not Mawla will tell the leaders why and you will have tried your best to end the case.

7 SS said Mawla is very angry and wants to proceed all the way, and neither he nor other leaders can go against Mawla’s wishes. It is Mawla who is handling the case.

8 I said that he speaks to Mawla every day and I know decisions are made on for example budgets which are then presented. Then there is new information or a reconsideration. There are then changes and we have seen changes with new suggestions and Ideas . I said this is in the same spirit. I said Mawla is Rehman and Rahim and Karim and wishes us to work together. I said Mawla I feel Mawla will be happy if all his top Mawla leaders come to him through SS and speak with one mind and are working together and in this case as directed on 15th October. I asked why there has been no meeting and Alnaz was never contacted.

9 He said he tried very hard before the lawsuit, and after lawsuit they did not ask for a meeting and it is up to them to ask. I said they did ask for meetings but did not trust him so a meeting with other leaders or local Mukhi’s would have done the trick, I said in this case it is also up to leaders to take the initiative and the first step if needed.

10 He said that for 45 minutes in London Mawla spoke to all the Leaders recently about the lawsuit too. I said my info from some who attended say this was not discussed by Mawla, and they are also as concerned and as confused as I am. He assured my Mawla did speak about this. I said maybe my info is incorrect and I would love to speak to a few of our leaders on this so we are all on the same page

11 He said there was a leaders meeting in Toronto and leaders agreed to proceed. I said but he is saying Mawla decided Mawla is controlling. So why can SS not now also have a discussion with Azim, Mohammed, MM, AK and Presidents of Canada, UK and Kenya,. Then say to Mawla we have considered and if it pleases Mawla we would like to meet the 2 murids and close this case as the only issue remaining is an admission of Infringement. I said if mawla is approached by them Mawla will re consider if they speak with one voice, and Mawla is remided of the Directions and given a copy of the consent signed by Alnaz and Nagib.

12 I said I can assure him that this consent is legally possible and the result can be such that “lathi bi na toote ane samp bi na mare” I said I am sure Mawla would very happy to see conciliation and agreement with all speaking with one voice, rather than to continue the lawsuit.

13 He said we have agreed that there should be no damages or costs. We are only asking for $30000. I said in this case money is not an issue and money means nothing. They have given more and would give all their money to Mawla if that was an issue, and if Mawla asked. I said so would I too and so would you Shafik. I said they are loyal and sevadari’s.

14 He said he has tried hard before the lawsuit was filed by Mawla. I urged him not to stop now. He should have continued after the lawsuit was filed. I urged him to meet them now with other leaders since they do not trust him. I remined him that I had offered this to him in April 2010. He with other leaders should have met them. SS said they have not asked for a meeting. I said according to their comments in the net, they had and I feel he should have arranged for other leaders to meet them to understand and agree. I said Mawla wishes that and it would make Mawla very happy.

15 I urged him to rise above all this and speak to the leaders and to MHI and try his best to settle the case before the hearing tomorrow. He is our top leaders and this is the least he should do and he should expect this from himself for himself. I expect this from him and passionately urged him to do so.

16 He promised to discuss with Mawla and “flag ” this to Hazar Mawla. He said he was meeting Mawla later today. He said he will let me know. I urged him before now and his meeting can he please speak to other leaders and get their agreement so he can say all leaders agree.

17 I said if he wishes I will fly out today to be in that meeting and or if I can see the 3 drafts I will be happy to facilitate a meeting with the 2 murids who as he knows I have never met or knew before the lawsuit.

18 I said am in touch with Nagib, and have also asked searching questions, and I see no reason why they will not agree if Mawla says so since there is one issue on the table and to reinstate confidence and trust. I added that If you resolve this then the issue of mehmani and all other issues will all be preserved and settled. I said to continue the lawsuit will have an impact on the external geo political dynamics which can be significant if and when someone decided to take pot shots at Ismailes or Mawlaat in future.

19 He said he is personally taking so much flak and it was Mawla who decided to take Action. I said I appreciated this and It is in his hands to speak to leaders and Mawla to end this case. I said I hope this lawsuit can be ended before the hearing tomorrow. He said he will flag Mawla and let me know.

The only remaining issue is an admission of Infringement by Alnaz and Nagib and preserving the sanctity of our Mehmani, and related rites and ceremony. Our Tariquah, I said can be easily and legally addressed for the purposes of a settlement. I f it is agreed that there was consent in that Mehmani, which by agreement has been withdrawn. Copyright has never been an issue in this lawsuit. Thus preserving the sanctity of Mehmani.

Alnaz and Nagib will be happy to give undertakings and we can all work together going forward as directed by Hazar Mawla. There is no reason to distrust Alnaz and Nagib (who are loyal sevadaris)


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