Mr Sachedina says that Farmans that we hear in Didars are not actually Farmans and are not to be followed. He maintains throughout his testimony that only the written edited versions sent by ITREB are actually Farmans. Later, Mr Sachedina has to admit that Farmans come from the Noor, the Light of God. Mr Bhaloo says that Talikas containing blessings are not Farmans.

[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 #301:
Cross-Examination by Mr Jiwa.
Q. ... Would you agree with me, sir, and you said this earlier, that the jamats are obligated to follow the Imam's farmans and the Constitution?
A. Just as farmans that he has authorized for release to the jamat. Not any farmans. Absolutely what he had given for the jamat, which he has authorized for the jamat, and once he is the one who approves those farmans.

---

Sachedina #542 - #545:
Cross-Examination by Mr Jiwa.
Q. ... My question to you was that before Mr. Tajdin started distributing these farmans, there were many farmans that were not released by ITREB to the jamat khanas -- to local ITREBs to be read; correct?
A. Because Mowlana Hazar Imam had not authorized the release of those farmans through the process.
Q. So the answer is yes to that?
A. Yes. It was not released because he did not authorize the release.
Q. So you said earlier, if I understand correctly, that the farmans become definite after they are authorized by the Imam?
A. Absolutely. That's my understanding.
Q. And that by His Highness not authorizing, he doesn't want those farmans to be followed; correct?
A. Because they are not farmans. Actually, those farmans have not been authorized or released. That means they don't become effective, and, therefore, they are no longer farmans. They are not made as farmans.

---

Sachedina #511 - #514:
Cross-Examination by Mr Jiwa.
Q. Now, His Highness, it appears from what you are saying, when he makes his farman, his oral farman, he comes to the jamat khana --
A. Extempore.
Q. Extempore.
--- Off-the-record discussion.
Q. And you are saying that after he approves and finalizes, then it becomes definitely farman?
A. Yes.
Q. Are jamats expected to follow the farman that he has already made, or do they wait until he has authorized the final version?
A. To me, the version that he has authorized become the farmans that are conveyed to the jamat with his authority. So even in my view, and it is my opinion, that even if you had been made aware of a farman to the jamat, the text that he releases after his review are the authorized farmans. Because they have gone the review process by the Imam himself, and he has therefore completed this where there have been -- no, he has reviewed them. If he requires anything, whatever he requires is done, and then in most cases, as I say, he goes through this process and then gets them released. So those are the only ones that are the farmans.

---

Sachedina #622 - #628
Cross-Examination by Mr Tajdin.
Q. It's still read in jamat khanas usually 11th of July, the day of the Imamat --
A. Yes. That's the farman of the Imam.
Q. It's a farman which is a recognized farman; right? Can you confirm to me if 'Noor' means 'the Light'? And there is a surah in the Koran, a chapter in the Koran, about the Noor?
A. Yes.
Q. Is it the same Light?
A. The Light, yes.
Q. The Light. It's the Light of God --
A. Yes.
Q. -- which guides materially and spiritually?
A. The Noor of Allah, the Noor of God.
Q. Which guides materially and --
A. Yes.
Q. And this is guided through the Imam's love that Noor is guiding us. And since we are all from the same religion, we all believe in this; right?
A. (Deponent nods head up and down).

---

Bhaloo #143:
Cross-Examination by Mr Tajdin. `
Q. You would accept that the talika is a written farman?
A. Sometimes the talikas are blessings, not farmans.
Q. Oh, blessings are not farmans?
A. I told you that talikas are sometimes blessings given by the Imam to the individuals, but not instructions in farmans.

Mr. Sachedina maintains that Ginans are just devotional poetry and are not meant to be followed.

[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 #140
Cross-Examination by Mr Jiwa.
Q. Must abide by, yes. And would you also agree with me that the jamat is also asked to obey and follow what's preached in the Ginans, g-i-n-a-n-s, so long as they are not contradicted by a current Imam?
A. Ginans are devotional poetry, and thus as poetry, it is not in a way incumbent for anybody to follow the ginans in the way that you describe. Ginans are, as I say, devotional poetry.

Sachedina#892 - #895
Cross-Examination by Mr Tajdin.
Q. Okay. But you agreed that the Usul-e-deen farman, which is very well known in the community, says that farmans and ginans are the same?
A. As I said to you, this was by the past Imam, the 48th Imam.
Q. Is it valid or not?
A. As I said to you, my interpretation, and it is my personal interpretation, that I follow the guidance given by the present Imam always.

Mr Sachedina maintains that he does not follow Farmans of previous Imams.

[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 #885 - #889:
Cross-Examination by Mr Tajdin.
Q. Can I ask you to look at the second page of this. Have you heard of a farman that people refer to as the Usul-e-deen farman --
A. Yes.
Q. In the, not the last paragraph but just before that paragraph, I want to point to this: 'My Farmans themselves are the Ginans!' The Usul-e-deen farman is quite widely circulated in our jamat; do you agree with that?
A. This is -- again, I keep coming back, these are farmans from Sultan Muhammad Shah, and I always -- as I said to you, it is my position very clear, and it's my believe, that every time we look at, first of all, the farmans of the present Imam, they take precedence over any previous farman. And the Imam of the Time is the one -- the farmans that are, from our point of view, in our tariqa. We look at the present Imam's farmans.
Q. That's very good. Mr. Sachedina, would you agree that any farman which has not been superseded is still valid?
A. By the Imam -- living Imam.
Q. So let's say on July '57 the living Imam became Shah Karim, the present Imam. So the farman made two weeks ago by the previous Imam are no longer valid; is that what you are saying?
A. What I'm saying to you is our -- the farmans of -- Imam is Imam, is the present living Imam, and we, as the jamat Ismaili community, follow always the Imam of the Time. So those farmans are the ones that guide our life because he is the present Imam and he makes the farman. It is his farmans that we follow because we have given the bayat to the Imam of the Time.
Q. Thank you for this theological discourse. Now, let me tell you -- isn't it true that the Imam, when he became Imam, the present Imam said 'follow the farman of my grandfather' who was the previous Imam'; right? Isn't it true that he said that in his very first farmans?
A. Well, as I say, I cannot respond to that.

---

Sachedina #892 - #893:
Cross-Examination by Mr Tajdin.
Q. Okay. But you agreed that the Usul-e-deen farman, which is very well known in the community, says that farmans and ginans are the same?
A. As I said to you, this was by the past Imam, the 48th Imam.
Q. Is it valid or not?
A. As I said to you, my interpretation, and it is my personal interpretation, that I follow the guidance given by the present Imam always.

LIF's announcement in January 16, 2010, informed the jamats as follows: 'The Jamat will be pleased to be informed that Mawlana Hazar Imam has already approved that the Jamati institutions should formally publish a volume containing the approved text of his farmans, including those made for the Golden Jubilee.'
Is this announcement accurate? Mr Sachedina cannot pinpoint whether or when the approval for this official Farman book was given, and does not indicate that any work is under way to produce an official Farman book.

[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 #390 - #402:
Cross-Examination by Mr Jiwa.
Q. 'The jamat would pleased to be informed that Molwana Hazar Imam has already approved that the Jamati Institution should formally publish a volume containing the approved text of his farmans.' [as read] Do you know when did he formally approve this?
A. The principal. This is an approval of the principle to publish. That does not mean you can publish tomorrow. It is the principle that he has agreed. The principle to approve, that he has approved the principle of being able to publish the farmans at his time. He has not made a decision that tomorrow you will publish this. He has given his -- here, as I say to you, 'approve the jamat to formally this.' So he has given his agreement to publish. Now the process has got to be gone through.
Q. Okay, so what I'm saying -- my question was: When did he give this approval?
A. This was during the -- this discussion has been on the table with Hazar Imam for a number of years.
Q. No, this --
A. Listen to me, please. I have also.
MR. GRAY: Let him finish his --
THE DEPONENT: I have to be able to give you the context of this. It is my right to give you a context to this. And, therefore during the Jubilee there were a -- during the Golden Jubilee of the Imam, there were a number of projects, and one of them was -- there's one to do with the speeches of the Imam, and this one also is the farmans of the Imam. And these were issues that were discussed by -- with Hazar Imam, and he has, as I said, given in principle his agreement to do this. The question is going to be the timing in when this will happen and the process has to -- due process will have to be gone through before they are released to the jamat.
BY MR. JIWA:
Q. So my question is when -- when the final approval was given?
A. About the...?
Q. When you say 'has already approved'?
A. I told you during the meeting with the leaders -- at the time of the Golden Jubilee, this proposal was --
Q. No, it would be nice if you would say what month, what year?
A. During the Golden Jubilee when we -- leaders of the jamat periodically meet Hazar Imam, and there were meetings with Hazar Imam about what will be the outputs that we will do before the Jubilee, during the Jubilee, and the post-Jubilee. And the farmans would be the compilation also of -- all the farmans of the Golden Jubilee would be included in this. So this was something that came out of the Golden Jubilee.
Q. So you cannot point to the month that he gave --
A. This was done in the context of the principle of -- agreement by approval by Hazar Imam to do certain things. And this was informed to the jamat that that approval has been given by Imam to do this. But, as I say to you, there's a process to follow, which Hazar Imam will have to be -- his guidance will have to be sought.
MR. GRAY: Excuse me just for a second.
--- Off-the-record discussion.
--- Recess taken at 11:59 AM.
--- Upon resuming at 12:09 PM.
BY MR. JIWA:
Q. Now, Mr. Sachedina, your announcement --
A. Yes.
Q. You were talking about this already approved and you explained that. Now, to your knowledge has His Highness, prior to his Golden Jubilee approval, has he ever approved prior to that for the publication of the farmans?
A. The principle to publish?
Q. What do you mean 'the principle'?
A. Because the fact is that, you know, there is no publication at the present time. There is no publication of farmans authorized by any institution actually at the present time which is there. So this will be something that is in the process. It was in the process, principle was agreed with Hazar Imam.
Q. Right.
A. And now it's being looked at. Because I -- so that you should be aware, I had raised this matter with Hazar Imam of the Time of my meetings with Nagib at that time about this whole issue, that we will need to make sure that there's a publication available.
Q. Did he give you an approval at that time? Did you ask him for approval at that time?
A. No, he had said that -- we are very, very clear on this matter, that whatever it is you prepare, submit, and then we will make a decision once I have reviewed the material.
Q. Right. And so he said that in 1998 to you?
A. He said the principle about this is something I'm willing to consider and I'm willing to look at. And that's why I was very satisfied that this is where the direction we will end up at some point in time, but only after he has given his authority ###.

In order to minimize harmful publicity to the Jamat, to the Imam and to all parties, the defendants filed a Motion to Dismiss the case based on the fact that the Imam did not Himself issue the Statement of Claim.

They then filed Revised Factums for their Motion and Reply

Copyright Lawsuit: Read the MOTION for Dismissal by Defendants Here - 2010-06-24

Copyright Lawsuit: Read the AFFIDAVITS in Defendants' Motion Here - 2010-06-24

Copyright Lawsuit: Read the EXHIBITS in Defendants' Motion Here - 2010-06-24

---

- 01-Notice of Motion of Alnaz Jiwa dated June 16, 2010.pdf
- 02-Memorandum of Fact and Law of Alnaz Jiwa.pdf
- 01-Notice of Motion Nagib Tajdin dated June 16, 2010.pdf
- 02-Memorandum of Facts and Law of Nagib Tajdin.pdf
- 03-Affidavit of Karim Alibhay sworn April 28, 2010.pdf
- 03-Affidavit of Alnaz Jiwa sworn June 16, 2010.pdf
- 04-Affidavit of Nagib Tajdin sworn May 7, 2010.pdf
- 05-Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010.pdf
- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit A - letter from Nagib Tajdin to the Aga Khan dated January 4, 2010.pdf
- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit B - letter to Nagib Tajdin dated January 24, 2010.pdf
- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit C - Graziella Petinatti's report dated February 4, 2010.pdf
- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit D - Wendy Carlson's report dated February 8, 2010.pdf
Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit E - Affirmation dated May 12, 2010.pdf
- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit F - Graham P. Ospreay's report dated June 9, 2010.pdf
- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit G - Graham P. Ospreay's report dated June 9, 2010.pdf
- Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit H - e-mail from Nagib Tajdin to Brian W. Gray and Brian W. Gray response dated June 15 2010.pdf
- Nagib Tajdin Affidavit sworn May 7, 2010
Exhibit A - copy of the cover page of Farman book Kalam-E Imam-E-Zaman.pdf
- Nagib Tajdin Affidavit sworn May 7, 2010
Exhibit B - copy of the cover pages of various Farman books.pdf
- Nagib Tajdin Affidavit sworn May 7, 2010
Exhibit C - copy of the cover page of Farman book titled Kalam-E Imam-E-Zaman Golden Edition [1957-2009].pdf
- Nagib Tajdin Affidavit sworn May 7, 2010
Exhibit D - Copy of announcement of January 16, 2010.pdf
- 05-Affidavit of Alnaz Jiwa sworn June 16, 2010
Exhibit A - copy of email dated February 15, 2010 sent by Tajdin to Michele Parkes.pdf

The Plaintiff Party then decided to file their own Motion for Summary Judgement which relied on evidence from 4 people: Shafik Sachedina, Aziz Bhaloo, Mr Gleason, Ms Coleman.

Since according to Copyright Law, the right to publish or the revocation of the right to publish Farmans can only come from the Imam Himself, it is significant that no Affidavit from the Imam was presented as evidence.

They then filed a Revised Factum for their Motion and Reply

According to court rules, the Plaintiff Party presented a Reply to the Defendants' Motion for Summary Judgement, and this reply relied on the same 4 Affidavits as in the Plaintiff's Motion for Summary Judgement.

They then filed a Revised Factum for their Motion and Reply

According to the Court Rules, the Defendants filed Replies to the Plaintiff's Motion for Summary Judgement. They also filed Additional Evidence in support of their Position.

They then filed Revised Factums for their Motion and Reply

The Documents in the Defendants's Reply to the Plaintiff's Motion for Summary Judgement are all included in the following News Article:

Authenticity of Copyright Lawsuit Allegedly by Aga Khan, Questioned! - 2010-07-19

---

- Affidavit of Alnaz Jiwa sworn July 16.10.pdf
- Affidavit of Graham P. Ospreay Exhibit D - sworn July 14. 2010.pdf
- Affidavit of Graham P. Ospreay sworn July 14. 2010.pdf
- Affidavit of Mohamed Tajdin sworn July 7. 2010.pdf
- Affidavit of Nagib Tajdin sworn July 14.10.pdf
- Memorandum of Fact and Law Alnaz Jiwa July 16.10.pdf
- Memorandum of Fact and Law Nagib Tajdin July 16.10.pdf

At this point, the case was set to drag on for a long time and the upcoming costs were skyrocketing.
The Defendants had stated and re-stated that if they got any authentic communication from the Imam, they would stop the infringing activities, but that they could not do so without knowing that the Lawsuit was authentic. It would be a direct disobedience of the Imam if the Defendants apologized for something that He asked them to continue doing. It was also very disturbing that every forensic expert that they consulted said that the documents that they received from Sachedina or from the Plaintiff's Lawyer were forged.

The Defendants therefore made themselves available when the Imam visited Toronto for the Ground-Breaking Ceremony of the Aga Khan Museum and Ismaili Centre in Toronto, so that the Imam can give any instruction in person at any place and at any time and for any duration that He chooses. The Plaintiff's Lawyer replied that they can potentially start scheduling a meeting at some unknown point in the future, but only if the defendants settle in advance and admit in writing to the points in the Lawsuit.

It was not until the 27th of July, after exploring all other paths of trying to peacefully get an authentic communication from the Imam instructing their next step, that the Defendants filed a motion for the Stay of all proceedings and for the Discovery of H.H. the Aga Khan. Since the Plaintiff Party seemed to NOT represent the Aga Khan at all, it was assumed by the defendants, that if such a motion is granted, and if the Plaintiff Party is shown not to be able to produce the Aga Khan for discoveries, the case can be closed sooner to the benefit of all parties.

The suspiscion of the Defendants that the Plaintiff's lawyer was not in contact with the Imam was confirmed when they received the expected reply from the lawyer saying he had recommended to the Imam not to accept discovery [though the lawyer knows that the law provides the right to discovery]

The Documents in the Defendants's Motion for Stay and for Discovery are all included in the following News Article:

Defendants Ask Judge to Stop All Proceedings as the Aga Khan is NOT the Plaintiff - Copyright Lawsuit - 2010-07-31

---

- 20100729-Alnaz Jiwa Affidavit sworn July 28.10.pdf
- 20100729-Nagib Tajdin Affidavit sworn July 29.10.pdf
- 20100729-Nagib Tajdin Affidavit sworn Exhibit A July 29.10.pdf
- 20100729-Alnaz Jiwa Notice of Motion July 29.10.pdf
- 20100729-Nagib Tajdin Notice of Motion July 29.10.pdf
- 20100729-Alnaz Jiwa Written Representations July 29.10.pdf
- 20100729-Nagib Tajdin Written Representations July 29.10.pdf

4 people were cross-examined on the week of August 9, 2010 for the Summary Judgement Motions in the context of the Copyright Lawsuit allegedly by the Aga Khan.

First, both defendants Nagib Tajdin and Alnaz Jiwa were examined on Monday August 9th, 2010 by the Plaintiff's Lawyer Brian Gray.

Then, Shafik Sachedina was examined by both defendants on August 12, 2010 and Aziz Bhaloo was examined by both defendants on August 13, 2010.

Mr Gray opted to examine the defendants' forensic expert Graham Opsreay the following week.

Main subjects are highlighted below, and a 10MB full transcript is also attached.

The Following News Event and News Item Summarize these Cross-Examinations:

Copyright Lawsuit: CROSS-EXAMINATIONS confirm that the case is not authentic - 2010-09-04

Copyright Lawsuit: CROSS_EXAMINATIONS Table of Contents - 2010-09-04

Cross-Examination of Expert Shows Main Weakness of Lawsuit Allegedly by Aga Khan - 2010-09-12