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 2 of 16

     

    UNPRECEDENTED

    ATTACK on IMAMAT's ABSOLUTE RIGHT

     

    In December of 2009, Nagib Tajdin published, sold and distributed a book entitled "Farmans 1957-2009 -Golden Edition Kalam-E Imam-E Zaman" purporting to contain 589 Farmans and 77 Talikas (Infringing Materials) authored by His Highness Prince Karim Aga Khan.  According to Nagib Tajdin, the Infringement Materials resulted from a "collective effort" of individuals who worked under Nagib Tajdin's leadership.  

     

    The veiled supporters and Nagib Tajdin engaged in numerous levels of disobedience. They defied the process and procedures His Highness has established; They defied His Highness' Representatives, Mukhis & Kamadias; They defied His Highness' Institutional leaders. Some of these veiled supporters who were either caught recording or distributing copyright materials of His Highness are Karim Allibhay, Husayn & Layla Dharsee, Alnaz Jiwa, Shamshu and Arzina Murji, Fatehali Dhalla of Vancouver, and many others who have yet to be exposed. The actions of Nagib Tajdin and his veiled supporters constituted:

     

     

    i.   A flagrant breach of the Ismaili Constitution;

     

    ii.   A grave attack on IMAM's (His Highness') rights and responsibilities;

     

    iii.   An infringement of His Highness' copyright as well as moral rights;

     

    iv.   Betrayal: Nagib Tajdin broke his 11 Years old promise he had made to His Highness' senior aides.

     

     

    Alnaz Jiwa's Role

    Alnaz Jiwa is a Toronto based solicitor by profession; hence an officer of the court. He has been practicing law for some 13 years. In the pre-litigation phase, Alnaz Jiwa urged his subscribers of Ilm-net (listserv owned by the University of Manitoba) to purchase, promote and sell the Infringing Materials, of course at the cost of not only breaking the Canadian copyright law but also defying His Highness' chosen institutions and whose leadership He has appointed.  Besides, Alnaz Jiwa blatantly defied the Ismaili Constitution. In one of the emails broadcasted on ilm-net and filed with the court -  the officer of the court  Alnaz Jiwa characterized His Highness' appointed leaders as the ambassadors of evil of Kali Yuga (Period).   

     

    Preventing Litigation

     

    Upon learning of the infringing activities spearheaded by Nagib Tajdin, His Highness wrote two letters to Nagib Tajdin asking him to stop. He defied and continued, even after an announcement was made from the LIF and Councils. His Highness authorized His LIF to read out an announcement in all Ismaili Jamatkhanas (prayer halls) globally informing about Nagib Tajdin's infringing activities. The LIF urged the members of the Community not to support the Infringing Materials.   

     

     

    Shamshu Murji's Role in Infringing Activities

    Nagib Tajdin and his veiled supporters continued to defy and infringe His Highness' copyright.  To justify their grave attack on Imamat's absolute right, Nagib Tajdin asserted that His Highness' letters and Prince Amyn Aga Khan's  communication were forged. These bogus allegations fuelled the frenzy of some veiled supporters. A case in point is Shamshu Murji who is a resudent of Toronto and goes to Unionville JK.  An eyewitness account reads:  

     

    "On February 3, 2010, at night, I went to the house of Nagib Tajdin's maternal uncle, Mr. Shamshu Murji in Unionville, Ontario and purchased (as evidence) one copy of Golden Edition Farman Book for $50 Cash. He informed me that he had already sold 250 books and had just received a new shipment. He showed me the new shipment that was still lying in his foyer.  According to my estimate, based on a quick count, there were 35 to 40 boxes each box containing 4 books.  He told me that he had already sold a few books from the new shipment he had received. Mr. Murji also told me that the council's announcement had given publicity to the books and as a result his sales had picked up.  He also told me that he expected to sell all the remaining books in 8 to 10 days."

     

    Shamshu Murji was not the only person who blatantly defied the LIF's announcements and continued to champion the cause of Nagib Tajdin; there were others among whom was Alnaz Jiwa. 

     

    Alnaz Jiwa's Reaction to His Highness' LIF Announcement

     

    In response to the first LIF announcement, the officer of the court Alnaz Jiwa wrote on Nagib Tajdin's propaganda machine (website ismaili.net) that this announcement was "deceitful" and that His Highness' Institutional leaders were "wholeheartedly" carrying out a hostile attack on the Imamat of His Highness. A line from a purported letter from Alnaz Jiwa reads: "Since 1987, I have publicly been fighting the institutional leadership...".  Nagib Tajdin reacted by asserting in his Defence that His Highness' authorized announcements were allegedly a "slander campaign" against him and his family. Currently, Nagib Tajdin is suggesting that these announcements, in addition to His Highness notarized Affirmation and sacred talika are cause of the Community's hate towards AJ and NT.  Both asserted that they are regarded as the "satans".

     

     

    Continue to Part 3 of 16

     

    Legal Action & Talika of Imam

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     
     
     

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