Ismaili.NET - Heritage F.I.E.L.D.

Attached in a combined document are:

- The Plaintiff's Revised Memoranda of fact and Law of the reply to the Defendants' motions for Summary Judgment
AND
- The Plaintiff's Revised Memoranda of fact and Law on its own motion for Summary Judgment

Attached also is:

A Toronto lawyer who settled a copyright dispute with the Aga Khan says he has no regrets about how the high-profile case played out.

Alnaz Jiwa had previously refused to believe the Aga Khan was the man behind the action requesting he halt distribution of unauthorized copies of the imam’s teachings but at a face-to-face meeting in Toronto on Oct. 15, he got the message straight from the source.

“If he doesn’t want us to do something, there is no way I am going to do it,” Jiwa tells Law Times.

2010-10-15: Heritage news was able to speak briefly with the defendants to ask our burning questions: Did the discovery happen? How long? What was accepted by whom? What was not mentioned? What were the main messages? Here are some answers:

- The discovery did happen, Hazar Imam arrived at 10:40am. Mr Gray brought also the real Plaintiffs Sachedina and Manji. {there was no Affidavit from H.H. The Aga Khan in this case which was solely supported by Affidavit from Sachedina and Bhaloo unauthorised by the Imam according to their own sworn replies at previously held Discoveries]

So far, the cross-examinations have shown that the whole case is orchestrated by a couple of people. The Plaintiff's case has not shown any access to, nor any evidence from the Imam. The Plaintiff party is therefore now trying to undermine the firm forgery evidence that the defendants have got.

Here is a detailed table of contents of the cross-examinations for the Motions for Summary Judgement in the Copyright Lawsuit allegedly filed by the Aga Khan. We tried to include everyone's burning questions.

Are Farmans to be followed?

Heritage News has obtained the cross-examination transcripts, and they contain many revelations. First impression from Heritage News is that the three people who allegedly represent the Imam in this case seem to confirm everything that the defendants have been saying! The defendant's position comes out even clearer and stronger! - But you be the judge once the transcripts are available.

Mr Gray's questions show his lack of knowledge of the Imamat, the Ismaili Faith and the Institutions. His questions instead, undermine the Imam!

Nagib Tajdin published a dozen Farman Books between 1992 and 2009 after receiving Imam's guidance. He was wrongfully accused in Court by Sachedina and Bhaloo but there was no affidavit from H.H. The Aga Khan nor any known retainer by him to the lawyer. The whole case was bogus. Later in October 2010 the Imam confirmed that he had given instruction to publish the Farman Books in the 1992 Mehmani. The transcript was manipulated and somehow the tape did not contain anything, the Court Typist was arranged by Sachedina's lawyer Mr Gray.

The Draft that Nagib Gave for the Imam in 1998 is still in Bhaloo's house.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section