Aga Khan Lawsuit
  • Judgment of Federal Court of Appeal on its Official Website

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    AlnazJiwaPicture.jpgnagib-tajdin-Vanouverite.jpg

    Defendant Alnaz Jiwa

    Defendant Nagib Tajdin

                                    

    16

     

    Parts of

     

    The Aga Khan Lawsuit

     

    Part 12 of 16

     

    EXTRACTS

     

    From Original Sources # 1 of 4

      

    His Highness' Leaders' International Forum (LIF)

     

    "[...] a volume under the name of "Kalam e Imam e Zaman", purporting to contain the texts of Farmans and Talikas [...] is presently being advertised for sale by way of the internet and other media. [...] This practice constitutes a breach of the Ismaili Constitution, as well as of copyright laws, and appropriate steps are being taken to ensure that the unauthorized circulation of copies of this unauthorised publication ceases. The Jamati institutions urge that the Jamat [Community of 15 Million] takes all possible measures to discourage those who seek to circulate such material privately, without approval and authorisation and in direct contravention of the process approved by Mawlana Hazar Imam [His Highness]." - January 16, 2010

     

     

    His Highness' Letters to Nagib Tajdin

     

    "[Nagib Tajdin] Over some time now, I have viewed with concern the inappropriate and unauthorised private initiative of some [...] who print, publish and circulate in various forms the texts of Farmans attributed to me and also to my late grandfather, as well as Talikas and voice recordings. This is a serious and absolutely unacceptable breach of the Imam's right and responsibility [...]"

     

    "I hope that within 72 hours of your receiving this message, you will confirm to me directly, exceptionally, that you understand both the gravity of this matter, which already had an unfortunate precedent about which you were cautioned, and that it can be closed immediately and definitively." - January 24, 2010 

     

    "I had invited you to confirm that you would respect my wishes but sadly that does not seem to be the case. In my letter I had indicated that I wished you to respond to me directly and within 72 hours."

     

    "I indicated that I wanted you to respond to me directly, as in normal circumstances, Murids communicate with the Imam through their national councils."

     

    "You, on the other hand, sought a meeting with me, which was neither necessary nor possible. It would have been sufficient that you write to me promptly, confirming that you would abide by the guidance I had sent you. "

     

    "I understand that you spoke a number of times with Vazir Shafik Sachedina, subsequently you accused Mrs Michelle Parkes of having forged my signature on the letter which I sent to you dated the 24th of January."

     

    "Let me be precise:

     

    The letter that you received dated 24th of January and signed by me was both written by me and signed by me. Mrs Parkes has been in my service for 28 years and to make an accusation such as the one you have made about an employee of the Imam who has served loyally for so many years is completely unacceptable to me, as well as being highly offensive to Mrs Parkes, and is no doubt a matter on which she could seek legal redress, and on which she would have my full support."

     

    "I will [...] use all the measures available to me to enforce my rights, and to exercise effective control of my communication with my Jamat [Community]" Fe. 18, 2010

     

    Referring to His Highness' letters - The Honourable Justice Harrington noted in his Reasons of Judgment

     

    "His Highness took umbrage with Mr. Tajdin’s assertion that his earlier letter had been forged by his secretary and stated he would write no further." - Jan. 7, 2011

     

    His Highness' Leaders' International Forum

     

    "The Jamat will recall that, earlier this year, the LIF and the National Council drew the Jamat's attention to the concerns arising from the publication and sale of an unauthorised volume under the name "Kalam e Imam e Zaman", purporting to contain the texts of Farmans and Talikas [...] the Jamat may have become aware that Mawlana Hazar Imam [His Highness] has now initiated legal steps in Canada in this regard. This is a serious and unprecedented development, and Mawlana Hazar Imam [His Highness] has authorised the LIF to share with the Jamat its background, in order that there is absolute  clarity that the legal steps have been undertaken as a sad last resort, following the failure on the part of the people who are responsible for the unauthorised publication, to respond positively to numerous prior efforts to address the concerns internally."

     

     

    His Highness' Statement of Claim

     

    "In 1993-1994, the Defendant Nagib Tajdin reproduced, sold and distributed unauthorized copies of the Aga Khan's Farmans and Talikas, without the consent of the Aga Khan. However upon complaint, the Defendant withdrew from further distribution the unauthorized materials."

     

    "However, on or about December 13, 2009, on the birthday of the Aga Khan, the Defendants produced and released the Infringing Materials consisting of the Book and MP3. The Farman readings contained on the MP3 were delivered by the Aga Khan at Ismaili congregations and recorded by the Defendants without the Aga Khan's knowledge or authorization."

     

    "The Aga Khan has not authorized the publication of the Infringing Material. As has been his systematic practice for many years, the Aga Khan often annotates and edits his texts in accordance with established criteria and well established guidelines before any publication of them."

     

    "By reproducing the Infringing Materials, the Defendants have infringed on the Aga Khan's copyright in his Literary Works and Readings."

     

    "The Plaintiff has named as defendants those specific persons that are known to be publishing, reproducing, selling and promoting or authorizing the publication, reproduction, sale and promotion of the Infringing Materials. The Plaintiff however, is generally aware that other persons and/or companies have also participated in selling, publishing, reproducing and/or promoting the Infringing Materials. These other persons and/or entities have caused damage to the Plaintiff through their publication, sale, reproduction and/or promotion of the Infringing Materials. The specific identify of these unknown persons and/or companies is completely within the knowledge of the named Defendants and are hereafter collectively defined as "John Doe" and "Doe Co.""

     

     

     

    His Highness' Reply to Defence of Alnaz Jiwa

     

    "His Highness Prince Karim Aga Khan ("the Plaintiff'), denies each and every allegation contained in the Statement of Defence of Mr. Alnaz Jiwa dated April 28, 2010 ("Defence"). The Plaintiff further repeats and relies upon the allegations set forth in the Statement of Claim."

     

     

    "The ITREB and the Ismaili Council were, and are, acting on the express instructions of the Plaintiff [His Highness Prince Karim Aga Khan]."

     

     

    "The Plaintiff has the right to review and edit his Farmans before they are published."

     

     

    "[T]he Plaintiff reviews and edits his literary works as he sees fit and denies that he is not permitted to do so. [...] the Plaintiff denies that the only authentic versions of the Farmans are the actual words spoken by the Plaintiff without review and editing."

     

     

    "[T]he Plaintiff denies the Defendant's [Alnaz Jiwa's] characterization and interpretation of the January 16, 2010 announcement made by the Institutional leaders regarding the publication of the Infringing Materials. The Plaintiff authorized all statements made in the January 16, 2010 announcement. As the copyright holder, the Plaintiff has established a procedure by which the ITREB is the sole entity authorized to receive requests for publication of the Plaintiff s Farmans and other works. The Plaintiff thus receives requests for publication from the ITREB and if approved by the Plaintiff, the ITREB is the sole entity authorized to publish and distribute the Plaintiffs Farmans and other works. If ITREB has not printed or published the Plaintiffs Farmans and other works, it is because the Plaintiff has not thought it desirable to do so."

     

     

    His Highness' Reply to Defence of Nagib Tajdin

     

    "His Highness Prince Karim Aga Khan ("the Plaintiff'), denies each and every allegation contained in the Statement of Defence of Mr. Nagib Tajdin dated April 25, 2010 ("Defence"). The Plaintiff further repeats and relies upon the allegations set forth in the Statement of Claim."

     

     

    "[T]he Plaintiff denies that this proceeding is unauthorized. The Plaintiff authorized the commencement of this proceeding. As the sole author of the literary works reproduced in the Infringing Materials, the Aga Khan is the only Plaintiff in the present action. All statements made in the Statement of Claim are those of the Plaintiff. The Plaintiff denies that the Statement of Claim contains any 'misperception, inaccuracies and fabrications'".

     

     

    "The availability of Farmans is governed by an approved process of dissemination. Providing access to Farmans is distinguished from the unauthorized and wrongful distribution of copies. The unauthorized publication or distribution of the Plaintiff's Farmans is a breach of the Plaintiff's copyright. Farman are definitive only when authored, published and distributed by the Plaintiff." (emphasis added)

     

     

    "By e-mail dated May 14, 2010, both Defendants, Alnaz Jiwa and Nagib Tajdin, were provided with a notarized statement signed by the Plaintiff indicating and confirming both his authorization of this lawsuit and the Plaintiff's wish that the publication and copying of the Infringing Works should cease."

     

    "With respect to the above-mentioned paragraphs, the Plaintiff denies that his signature has been forged in any correspondence sent to the Defendant and further denies that the Statement of Claim is based on any kind of forged document."

     

    "On January 16, 2010 and April 15, 2010 respectively, the Plaintiff authorized announcements by the Ismaili Leaders' International Forum to the Jamat. Both announcements clearly expressed that all publication and distribution of the Infringing Materials is a breach of the Plaintiffs copyright, and requested cessation of all such unauthorized activities."

     

     

    "In addition, as described above, by letters dated January 24, 2010 and February 18, 2010, the Plaintiff has personally written to the Defendant requesting that he cease publication and distribution of the Infringing Materials. The Defendant has been advised of this information by the Plaintiffs brother and aides, all with the authority of the Plaintiff."

     

     

    "[T]he Plaintiff denies that any kind of 'slander campaign' has been launched against the Defendant by the Plaintiff and/or his aides. The Plaintiff authorized the announcement made by the Ismaili Leaders' International Forum on April 15, 2010 and admits that this announcement references the Defendant's allegations of forgery. This announcement was read out only in those Jamatkhanas which the Plaintiff considered were directly interested in this matter."

     

     

    "The Plaintiff denies that this announcement in any way slanders the Defendant. If anything, the Defendant's allegations of forgery may be considered slander and defamation against the Plaintiff and his aides. The Plaintiff reserves the right to pursue any and all legal remedies concerning these allegations made by the Defendant. In any event, as presently pled, the Defendant's allegations of slander are irrelevant to the legal matters at issue in this proceeding." 

     

     

    Continue to Part 13 of 16

     

    Extracts # 2 of 4

    Drawn from Original Sources 

     

     

     

     

     

     

     

     

     

     

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    Click below to view LIF's full announcement

    Click below to view His Highness' & Prince Amyn's communications to Nagib Tajdin

    Click below to view the full announcement from His HIghness' Leaders' International Forum

    Click below to view His Highness'  Statement of Claim:

    Click below to view His Highness' Reply to Alnaz Jiwa's Statement of Defence:

    Click below to view His Highness' Reply to Nagib Tajdin's Statement of Defence:

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