ITREB is manned 100% by ismailis who have taken the ismaili oath of office. The IIS is manned at all levels by many non-ismailis who are not bound by the constitution. Why then, are Farmans asked to be sent to IIS and not ITREB?

[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
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]

---

Sachedina #14 -#19:
Cross-Examination by Mr Jiwa.
Q. Now, you said earlier that you did review some materials. Can you elaborate on that? What materials did you review? I heard you say something about the Institute as well, you reviewed some documents?
A. Yes, I have read through the Constitution, which was at the Institute as well. There's copies there. I have looked at all the materials vis-a-vis the farmans as well. Because from my point of view, the documents are also kept at the IIS as well, the final text that we also have there.
Q. So all the final text of farmans are kept at IIS?
A. No. At the Imamat level, at the Institute level, so -- and at the Department of Jamati Institution.
Q. So at the Institute, the final copy of the farmans are not kept?
A. We have a copy.
Q. At the Institute?
A. True, because --
--- The reporter appeals.
Q. And, I'm sorry, I'm actually lost. Is there a copy at the Institute or there's no copy at the Institute?
A. No. Farmans, as I said, once they have been approved and authorized by Hazar Imam -- Hazar Imam, which is His Highness.
MR. GRAY: H-a-z-a-r, new word, I-m-a-m.
THE DEPONENT: Once they are released by the Imam, we always have a copy at the Secretariat, at the Imam's office. We also have one at the Institute in our -- for archival purposes.
Q. You said one you have it at the Secretariat as well?
A. The 'Secretariat,' that means the Secretariat of His Highness, and the Department of Jamati Institutions.

---

Sachedina #208 - #214:
Cross-Examination by Mr Jiwa.
Q. But there are many non-Ismaili members appointed to the Institute?
A. Yes, only as part of the board of governors But the Imam -- the chairman is the Imam of the Time.
Q. I understand. The jamati institutions that we spoke with earlier that announcements are made in talika, those are all hundred per cent Ismaili appointees?
A. Correct. The jamati appointments are constitutional bodies.
Q. And in the Institute there are non-Ismaili who are appointed there, aren't there?
A. Yes, all the directors on the board of governors.
Q. And the employees, there are no non-Ismailis there?
A. There are people. But what I'm saying is this is an institution, and the centrality of its work a tariqa, but also other, Shia Islam and Islamic in general.
Q. But what I'm trying to say, and perhaps if you could just listen, is ITREB is hundred per cent Ismaili men?
A. ITREB is a constitutional body.
Q. Right. And hundred per cent Ismaili men; yes?
A. Correct.
Q. Institute is not hundred per cent Ismaili men. There's a difference between the two, isn't there?
A. But I explained to you the Institute has a board of governors and they have a staff with maybe Ismailis and non-Ismailis, but the Imam is the chair of the Institute.
Q. And those members who are appointed to the Institute don't take this oath of office that we spoke of earlier?
A. No. They are directors.
Q. Even the members who are appointed to Institute, those employees, they did not take an oath of office?
A. No. This is an institution for learning.

---

Sachedina #928:
Cross-Examination by Mr Tajdin.
Q. And you are -- are you governor of the IIS?
A. I am a governor of the Institute.

Sachedina started saying that he had nothing to do with Miss Parkes' correspondance with Mr Tajdin. However, he was not able to stick to that story.

[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
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]

---

Sachedina #943 - #947:
Cross-Examination by Mr Tajdin.
Q. This is last question. Last question. The first letter dated 24th January was sent to me on 11th of February from Aiglemont. Did you give -- was it you who gave my address to Ms. Parkes, sent it to the DHL --
A. Sorry, to the DHL address?
Q. Yes.
A. No, I had nothing to do.
Q. Okay.
A. It was Ms. Parkes. Ms. Parkes dealt with you directly on this matter.
Q. But Mrs. --
A. I was only informed subsequently.
Q. Okay. So if Mrs. Parkes has never received the address from me, would it mean she has received it from you?
A. She would have asked if I have the address. Because I have the addresses of lots of people, and if she asked me would I have, because they all know that I have been in contact with you and we are in contact with each other, we have been in contact. So it's only natural that she would look to somebody so who is in contact with you.

Mr Sachedina maintains that the Imam's comment about Leaders in London during Golden Jubilee was incomplete. This statement is shown to be false.

[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
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]

---

N. Tajdin # 210.
Cross-Examination by Mr Gray.
Q. Okay. We will get back to that, then. Now, have you ever accused the leadership before of forging?
A. Of forging? Never.

---

N. Tajdin #213:
Cross-Examination by Mr Gray.
Q. You have accused the leadership of misrepresenting His Highness' instructions before, haven't you?
A. Sometimes, it has, and in fact, His Highness has confirmed in London recently that sometimes it tells his leader, and they don't tell his followers. So, the message is not always passed.
Q. What are you referring to?
A. I am referring to a Farmans met by His Highness in London during Golden Jubilee.
Q. And what does that Farmans say?
A. It says, the leader asked me, I tell them but I don't know if they tell you, or something like that. It is not an exact quote.

---

Sachedina #426:
Cross-Examination by Mr Jiwa.
Q. But I'm going to give you an example, that in Golden Jubilee in London, he said in the jamat khana in the presence of thousands of -- or the whole jamat that his leaders do not convey his message to the jamats, he is not sure of that. You agree with that; right? You were there.
A. I was there, but as I said to you, that it was not completed, the sentence wasn't completed, his chain of thoughts were not completed.

---

Sachedina #850 - #861:
Cross-Examination by Mr Tajdin.
Q. ...Now, you mention the sentence that the Imam was going to stay in London during Golden Jubilee about the leaders was cut off?
A. No. I said he didn't -- he didn't finish his sentence and there was an interruption. That's all I can remember.
Q. Okay.
A. Because he himself told me afterwards, so that's how I remember.
Q. Can we take that as under -- how do you call it? Undertaking to have his -- I don't want the tape of the farman. I just want that one minute. From the moment he says that the jamat may be wondering why I'm making this farman up to the time people started clapping. That's one minute. Can I have that one minute?
MR. GRAY: Well, if you want to explain something.
THE DEPONENT: Let me tell you, the farmans are privileged communications between the murid and the Imam.
BY MR. TAJDIN:
Q. So I understand that as to be no?
A. I would say to you that this, whatever it is, is in the public domain, and to put any text, my humble view is that --
Q. Mr. Sachedina, partly I would agree with you, because as everybody knows, you have not put the book in the court and I have not done that also, nor has Alnaz done that. So we have all agreed it is remain between Ismailis. We don't dispute that. You have stated that the sentence was cut off. This is why we need that tape, that one minute. Unless you agree that the sentence was not cut off and there is a two-second blank, there is no sound, and then people start applauding to the statement, I would like to have that tape from you. One minute. I don't need the whole farman. That one sentence --
A. On record.
Q. On record plus --
MR. GRAY: On the record here?
THE DEPONENT: Can I share that with you outside this record?
BY MR. TAJDIN:
Q. You know, I'm not a lawyer. Honestly, I have a copy of the tape. So because you have put on record that the sentence was not completed, and having the copy of the tape, I know the sentence was complete. We need to prove it. I don't want it to become a fight between us.
A. No.
Q. But you are saying what I'm saying the opposite. If you produce that one minute, it will prove conclusively that the sentence was completed, there was a two-second gap, and everybody started applauding. Everybody was happy about the statement from the Imam, that the leaders are not necessarily conveying his message?
MR. GRAY: You'd have to put it in evidence now.
MR. TAJDIN: Because you have stated the contrary, that the sentence was not finished. If there is no dispute on that -- and I'm not asking the whole tape.
MR. GRAY: You're giving evidence yourself now. I mean this is --
MR. TAJDIN: Well, because we are talking of --
MR. GRAY: If you wanted to put it in evidence, you could have done so.
MR. TAJDIN: Okay. Mr. Brian, let's take it as an undertaking --
MR. GRAY: No, we will not.
MR. TAJDIN: We need that one minute to prove if, yes or no, you are right.
THE DEPONENT: I'm sorry, but I'm really not getting this at all as to what is the rationale behind this question. Because I told you that we have -- what Imam has authorized for the release of that farman, Imam has authorized. Which is out to the jamat.
BY MR. TAJDIN:
Q. Mr. Sachedina --
A. By the Imam.
Q. -- the question was -- you would allow me to say it again because you replied to me in that way, that the sentence was not completed about what the Imam said on the leaders --
A. No. I said his chain of thought was not completed. You heard me. He was not able to --
Q. So now, Mr. Sachedina, we need that one-minute recording, not more.
MR. GRAY: No.
--- REFUSAL
BY MR. TAJDIN.
Q. Just that recording. You can give me the last word of the recording up to the moment people start clapping?
MR. GRAY: No.
--- REFUSAL
MR. TAJDIN: Well, we need to prove conclusively that the sentence was completed and there was a silence after that.
MR. GRAY: You have a copy of it. I guess if you felt you should --
MR. TAJDIN: But, you know, I'm asking the question. I'm not replying here. I can't produce it; right? I cannot go home and bring the tape.
MR. GRAY: If you felt you needed to put it into evidence, you should have done so. As you yourself said, we are not anxious to put farmans in --
MR. TAJDIN: Yes, but with all respect due, I was not aware that there will be in this examination a statement which is not representing what the tape is showing.
MR. GRAY: Well --
MR. TAJDIN: If I was aware, obviously I would have brought it into --
MR. GRAY: My current position is no, but I will consider it. I'll reconsider it.
--- UNDER ADVISEMENT
MR. TAJDIN: Thank you. Thank you for considering.

Would the Imam ask Mr Tajdin to undertake an impossible task?

[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
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]

---

Sachedina #453 - #459:
Cross-Examination by Mr Jiwa.
Q. Now, if you go to the first page, the last sentence -- last paragraph, rather, he says in there: 'I believe that this has been explained to you by the institutions on a number of occasions. I, therefore, expect you and the other murids who are working with you immediately to take all necessary measures to recall and to withdraw from your circulation your recent publication.' [as read] Now, would you agree with me that in this letter he's asking Mr. Tajdin to recall? What do you understand by 'recall'?
A. Whatever he has been able to distribute to whoever, he should get them back, if possible.
Q. Do you agree with me that Mr. Tajdin has no legal recourse to withdraw or ask anybody to return the books?
MR. GRAY: Don't answer that.
--- REFUSAL
BY MR. JIWA:
Q. Would you agree with me that this sentence imposes on Mr. Tajdin to do something that it is not possible to do; would you agree with me?
MR. GRAY: Are you asking him a legal question, is it possible to do it or not?
MR. JIWA: No. I'm saying that His Highness is asking here, his letter, telling Mr. Tajdin to recall.
BY MR. JIWA:
Q. Let me give you an example. By this letter if Mr. Tajdin has given me hundred books, tells me, 'send it back to me' and I refuse to do so, what can Mr. Tajdin do?
MR. GRAY: Don't answer that question. You're asking him about a legal question and --
--- REFUSAL
BY MR. JIWA:
Q. Would you agree that he has no legal recourse to come to me?
A. I would not be able to respond on legal matters.
Q. So would you agree with me that what His Highness has written here is practically impossible to achieve?
MR. GRAY: Again, don't answer that question.
THE DEPONENT: Same answer again.
--- REFUSAL
BY MR. JIWA:
Q. Would you also agree with me that his only concern now with this publication, because all he's asking to withdraw is your recent publication; he's no longer concerned about his previous publications; would you agree with me?
A. This publication covers farmans from the previous publication.

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.

Sachedina's Affidavit says that the Imam mentioned Nagib Tajdin's activities to Sachedina. His earlier testimony says he knew nothing of Nagib's actions before he started working at Aiglemont. Now, Sachedina says that he is the one who mentioned Nagib's name to the Imam.

[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
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]

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Sachedina #465:
Cross-Examination by Mr Jiwa.
Q. And in those discussions, did His Highness ever tell you who is behind the publications?
A. He asked the question. He has asked the question, and I have told him Nagib because I know of Nagib as the publisher.

---

Sachedina #468 - #471:
Cross-Examination by Mr Jiwa.
Q. So His Highness did not tell you that it's Mr. Tajdin. He said 'there are some murids who are doing this and I want you' --
A. I did tell him that the one that I know who is at the centre of this was Nagib.
Q. You told him?
A. Yes.
Q. So at that time you told His Highness that you know it's Nagib?
A. Yes.
Q. And did His Highness say that there are other individuals as well?
A. No, I said to His Highness I know of Nagib's publications, and I did say to him that when I will go next to Canada, this issue, I will take it up with Nagib.

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
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]

---

Bhaloo #136:
Cross-Examination by Mr Tajdin.
Q. Okay. How many of the farman books I have printed you have at your home either in Nairobi or in Toronto?
A. I have one book which is not printed. You gave it to me at the meeting. It is a white book. It's a draft farman. That's the one I have.
Q. It was a white book?
A. Yes. It had a white cover on it, and it said 'draft.'
Q. Okay. Can you take an undertaking -- undertaking of producing it?
MR. GRAY: I'll take that under advisement. I'm not going to undertake to do it, but I will consider it.
MR. TAJDIN: Okay. Can you produce --
MR. GRAY: As you know, this is a cross-examination.
MR. TAJDIN: -- a colour photograph of that draft book?
MR. GRAY: Okay, that's an alternative. We'll consider that, too. As this is a cross-examination, there's no duty to produce anything, but we will consider it. So you would like, as an alternative to producing the whole book, you would like a photograph of --
BY MR. TAJDIN: Q. I don't need the book because obviously I know what it is, but I just had a question because it was said it's a white cover, and I don't remember giving you any white-cover book. So just a colour photo will do.
MR. GRAY: So you would like a colour photograph of the cover of this document, this draft book?
MR. TAJDIN: Yes. I would like to see if it is white or it is burgundy. Just a colour photo.

Mr Sachedina states that there is a general concern about the contents of ismaili websites, and a review is pending, however, Mr Sachedina also says that Mr. Nagib himself has been part of the solution.

[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
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]

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Sachedina #477 - #493:
Cross-Examination by Mr Jiwa.
Q. Now, again, if you go to the second page, it says 'I'm aware' -- the last paragraph: 'I'm aware that you perceive your efforts including the website that you have established and operate.' [as read] Now, I'm not so clear. Are you saying or His Highness saying that the website is also inappropriate?
A. Well, he is aware also of the website.
Q. No, that's not my question.
A. Yes. Inappropriate.
Q. My question is: In your discussions with His Highness --
A. Yes?
Q. -- did he tell you that website is also a problem?
A. Well, he says that there are a number of websites which cause him concern.
Q. So he's concerned about the websites as well?
A. Yes, but this is publication which is his works. The websites do not publish farmans on the thing. The issue I'm talking to you is very simple. This is talking about his works.
Q. My question is --
A. Websites are not his work.
Q. I understand. I understand. I just want to be clear with this. His Highness is concerned with the websites as well, and there are a number of websites, not only Mr. Tajdin?
A. Yes.
Q. And he's expressed that concern to you?
A. Yes, and we are looking into this matter. We have started working through the process with the website people to see how we can work with some of these. And, in fact, Nagib himself was part of the solution in some cases, and his advice was sought on some of the matters, to see how we can solve this problem.
Q. Right. But right now my question is that he disapproves of the various websites as well; correct?
A. Yes. From this letter to you.
Q. Not from the letter. You said earlier he has told you about that as well?
A. Yes.
Q. Yes?
A. I've said to you the websites are also a concern to him.
Q. To him?
A. Yes.
Q. And he has told that to you; right?
A. Yes. But here we're talking about how this particular issue relates to the publication of the farmans that we have got, which you have just -- the matters which are ahead of us in the litigation. We're not talking about the website in the litigation. We're talking about copyright issues of the publications and not the websites.
Q. Now, there are a number of individuals with websites; correct?
MR. GRAY: Are you telling us?
MR. JIWA: I'm asking him.
THE DEPONENT: There are people who have websites, yes, a number of websites.
BY MR. JIWA:
Q. Other than Mr. Tajdin?
A. Absolutely.
Q. And His Highness is concerned about all of them?
A. Well, no. It's a question of what is -- the review of these websites he wants to be carried out so that we know what is in each of these websites. He's concerned about the websites --
Q. So he's asking a review?
A. Of course. Of all of these websites.

A Murid is quite entitled to speak to his Imam during Mehmani. Imam does listen, interact with and guide Murids during Mehmanis. Although reluctant, even Mr Bhaloo came around to this conclusion.

[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
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]

---

Sachedina #179 - #183:
Cross-Examination by Mr Jiwa.
Q. All right. And would you agree with me that the purpose here is for the Imam to interact with that murid when he presents the mehmani?
A. If he wishes to do so.
Q. And often he will do so himself?
A. It is up to the Imam.
Q. No, we know it's up to the Imam. But often he does interact with the murid himself even without being asked?
A. Yes, it does happen.
Q. It does happen, right. And there is no restriction on that murid from talking to his Imam?
A. The murid is quite entitled to speak to his Imam if he wishes to do.
Q. And some do?
A. Some do, some don't.

---

Sachedina #195 - #199:
Cross-Examination by Mr Jiwa.
Q. However, if anybody wished to talk to the Imam, he can talk to the Imam?
A. It's the right of the murids, right.
Q. And to your knowledge, because you have been extensively involved in the jamat, and you were in 1994, which was a lot larger jamat than the Montreal jamat, to your knowledge, when that murid asked the Imam a question, the very purpose for the mehmani is for the Imam to respond and guide that murid?
A. Yes. The Imam, it's at his mercy and pleasure.
Q. And that's the purpose he does these mehmanis --
A. Yes.
Q. -- is to guide? Would you also agree with me that this mehmani is personal and not published? Like, you know, the whole jamat who is sitting there, they don't hear what's happening between the Imam and the murid.
A. Yes, it is done in the context of closeness with the murid and the murshid. But there are people standing nearby who are also observing, and the jamat observes what's happening. So there are always people who know but they can't listen.
Q. They can't. Because they are just observing?
A. (Deponent nods head up and down).

---

Bhaloo #67:
Cross-Examination by Mr Jiwa.
Q. ...My question was: Is the murid who presents the mehmani prohibited from asking the question orally to the Imam without giving any memorandum in writing?
A. It's not a generally-done thing.

---

Bhaloo #96 - #98:
Q. And do you recall during that '78 visit, His Highness a number of times said he wants to listen to specially the mehmanis that are represented so the jamat to remain calm?
A. Yes, I remember.
Q. He said that on a number of occasions?
A. Yes.
Q. And then he specified that he wishes to listen to what his murids tell him, and he wants quiet in the jamat so he can listen; he said that a number of times?
A. Yes.