LEGAL ACTION & TALIKA
- Religious Address of His Highness -
Nagib Tajdin's and Alnaz Jiwa's blatant defiance and unmanageable demeanour compelled His Highness (Imam) to initiate legal action against Nagib Tajdin (NT), Alnaz Jiwa (AJ) and hidden infringers. His Highness' senior solicitor Mr. Brian Gray revealed that His Highness had explained to him that the lawsuit was "A Very Serious Matter for the Imamat". Simply put, this lawsuit is a defence against an unprecedented ATTACK on Imamat's absolute right; its rationale is rooted in Highness' stern warning to Nagib Tajdin:
"I will have no other choice than to use all the measures available to me to enforce my rights, and to exercise effective control of my communication with my Jamat." - His Highness' letter dated Feb. 18, 2010
His Highness told the Court that hidden supporters of NT and AJ "have caused damage to the Plaintiff through their publication, sale, reproduction and/or promotion of the Infringing Materials" (emphasis added). His Highness' Statement of Claim refers to these hidden infringers as JOHN DOE, DOE CO & "all other persons or entities" who are reproducing, publishing and promoting Infringing Materials.
Who are these hidden infringers?
His Highness told the Court: "The specific identify of these unknown persons and/or companies is completely within the knowledge of the named Defendants [Alnaz Jiwa & Nagib Tajdin]"
April 6, 2010 - June 28, 2012
Alnaz Jiwa and Nagib Tajdin fiercely obstructed His Highness from achieving the relief He sought from the Court. That NT and AJ starved for real defence was transparent from the outset, but they purposively clouded this by manufacturing spurious allegations of fraud and forgery; fabricating fictional consents featuring the one-minute Karim Allibhay's so-called mehmani-consent; feigning to abide by His Highness' instructions; forcing His Highness to meet with them through a court discovery procedure; implicating His Highness in criminal allegations of fraud and indoctrinating their cult supporters that His Highness' court discovery be seen as "mulakat", sacred meeting! Through these conniving tactics, the officer of the court Alnaz Jiwa and Nagib Tajdin successfully continued to infringe His Highness' copyright from April 2010 to January 2011 (9 months) thus depriving His Highness' case from being heard on the basis of "merits". Gray told the Court that His Highness' lawsuit was a flagrant infringement case.
Jan. 7, 2011
While granting Judgment in favour of His Highness, The Honourable Justice Sean J. Harrington delivered a catastrophic blow by declaring Nagib Tajdin and Alnaz Jiwa of having infringed His Highness' copyright. At the conclusion of Reasons of Judgement, Justice Harrington directed His Highness to prepare for endorsement a draft judgement; if NT and AJ disagreed, His Highness should bring on a motion for judgment in writing before Justice Harrington in accordance with rule 369 of the Federal Court Rules.
From January to March of 2011, NT and AJ fiercely disputed over the form and content of Judgment. His Highness was compelled to bring a motion to resolve his clash with the defendants over the interpretation derived from Reasons of Judgment. Justice Harrington upheld the bulk of His Highness' draft judgment thus inflicting another severe blow to NT and AJ.
By Judgment dated March 4, 2011, Justice Harrington permanently handcuffed Nagib Tajdin, Alnaz Jiwa and all their veiled supporters from publishing and distributing copyright materials of His Highness. Justice Harrington also ordered a reference for damages or profits resulting from NT's and AJ's infringing activities.
To be released from the handcuffs of the LAW - Nagib Tajdin and Alnaz Jiwa ignited a full-fledged post-judgment battle against His Highness. After defying His Highness' talika (more to be said), NT and AJ challenged Justice Harrington's Judgment in two steps. First, they appealed the Judgment. Second, NT attempted twice to stay or hold the operation of the Judgment. In both attempts, NT miserably failed.
Freezing Operation of Harrington Judgment
The Honourable Justice Mainville and The Honourable Justice James Russell outright dismissed Nagib Tajdin's attempts to freeze the operation of Harrington Judgment. On Oct. 28, 2011, Justice Russell dismissed Nagib Tajdin's senseless motion and ordered NT to pay the costs of this motion on full indemnity basis payable forthwith and irrespective of the cause.
With all his powers, Nagib Tajdin now meditated on overturning Prothonotary Martha Milczynski's Order. Obviously NT and AJ did not want to be discovered as they intended to protect the names of the printer, distributors, recipients and buyers of the Infringing Materials, etc. Justice Russell ruled that the motion of infringer Nagib Tajdin was "completely unnecessary" and that Nagib Tajdin simply "intends to resist discovery and does not wish to submit to normal procedures"
The attitude of Alnaz Jiwa was no different; one simply needs to read the transcript of AJ's cross-examination which had taken place on Oct. 19, 2011. His Highness' solicitor ending statement summarizes the Toronto based solicitor Alnaz Jiwa's attitude in these words:
"I don't have any confidence of how many books were printed, how many books were sold, how many books were given away. Quite honestly, you haven't helped me with respect to that today. We will just have to take this up again."
Our interpretation of the Russell Order: Nagib Tajdin is characterized as a hypocrite, liar, malicious, defiant, etc.
At the outset, NT and AJ narrated spurious allegations of fraud and forgery. Next, NT fabricated allegations of so-called threats and harassment against his friends Karim Alibhay of Montreal & Mahebub Alam Chatur of London, England as pretext in Reference Proceedings and this wasted Federal court resources.
Mahebub Chatur seems to be writing under several fake names including Bloglaw. This Chatur is an ultra fanatic who is championing the cause of NT on NT's website. Justice Russell concluded:
"The unsubstantiated assertion of threats and the claims to privacy, and unsubstantiated assertions of the 'leaking' of confidential information look like little more than a pretext to avoid the production and examination of the information necessary to determine the real revenues received and the profits made by the Defendants"
To further satisfy his quench for defiance, the starving Nagib Tajdin then challenged Justice Russell's Order in the Court of Appeal.
Three Competent Federal Judges
Take officer of the Court Alnaz Jiwa & Nagib Tajdin to Task
The appeal to overturn Russell's Order was heard on Sept. 17, 2012 for no less than an hour. Three competent judges of Court of Appeal tossed the appeal of NT into trash can - of course with cost.
An interpretation of what had occurred within the chambers of the Federal Court of Appeal.
The Honourable Justice Madam Gauthier exposed the essence of AJ's and NT's character. Both were characterized as individuals who were bankrupt in terms of gratitude, human decency and they sure had blatant disregard for His Highness The Aga Khan's "grace", to use Justice Gauthier's words. All three judges witnessed that AJ and NT have visceral contempt for His Highness' authority which manifests through His appointed Institutional leaders.
Nagib Tajdin's & Alnaz Jiwa's Views on Canadian Justice System
The officer of the court Alnaz Jiwa suggests that Federal Court of Canada is wrong in making a statement to the civilized world that His Highness is "the plaintiff, real plaintiff". If the Court of Canada is right, than the Plaintiff His Highness is "an incompetent, grossly incompetent person, not worth of worshipping".
Nine months later, Alnaz Jiwa suggested that millions including the 15 million Ismailis who think that His Highness is the Plaintiff are wrong and ignorant of the meaning of "IMAM". This Plaintiff, according to Alnaz Jiwa, is "vindictive" and fighting a "frivolous" case. (Re: NT's website, April 17, 2013).
Both defendants had threatened His Highness to attend a court discovery or let His Highness face contempt of court charges. His Highness did appear for his court discovery as "Plaintiff". The officer of the court and NT then suggested that His Highness had allegedly taken a false oath as "Plaintiff" to protect a criminal conspiracy championed by Norton Rose, His Highness' aides, etc.
AJ's co-defendant Nagib Tajdin who is neither a solicitor nor under the watch of Law Society outright slandered a Federal Appeal judge and ridiculed the Canadian legal sytem in the following words. He suggested that even a Federal court judge was corrupt.
"I had accused Ogilvy Renault through Gray to have circulated the fraudulent Affirmation. She [The Honourable Johanne Gauthier] was in conflict of interest. She should have desisted from sitting on the case.
Also the appeal was of Harrington's judgement and she had worked many years with Harrington at the maritime Arbitration or something like this. [...] She really tried to cover Gray and Harrington.
it was the first time she was sitting as Judge of the Appeal Court where she had just been appointed and she was eager to sit and write her first Judgement. Shame on the Canadian legal system. I am thinking it is more corrupt than the Kenya judiciary!" - 6th July 2012 (from an email widely circulated)
The officer of the court Alnaz Jiwa conspicuously remained silent. Reason is too obvious.
Discoveries of Alnaz Jiwa & Nagib Tajdin
NT and AJ were ordered to attend discoveries on November 8, 2012. Both defendants refused to answer several questions. In the face of these refusals, His Highness was compelled to seek the Court's intervention through a Refusals Motion.
Next, NT & AJ challenged His Highness' Refusals motion.
The Court ruled that NT's and AJ's motions would be held in "abeyance" pending the disposition of His Highness' refusals motion. Perhaps in utter desperation, NT provided the Court with his sworn Responding Affidavit which is replete with malicious lies, outrageous fabrications and slanders targeted at His Highness, His Highness' solicitor Mr. Brain Gray, the highly reputable law firm Norton Rose, His Highness' senior most Aide Dr. Shafik Sachedina, Institutional leaders and parties who are not even involved in the lawsuit!
Nagib Tajdin's perverse attitude is hardly surprising particularly to those who are so familiar with NT's evil and slanderous propaganda which he had had carried out on Alnaz Jiwa's forum, ilm-net and currently continues with this devilish practice on his own propaganda machine (ismaili.net).
At any rate, His Highness' motion was heard as scheduled on May 14th, 2012 and the matter was mostly granted in favor of His Highness. This was yet another humiliating defeat for NT and AJ.
Appealing Justice Harrington's Judgment
- Court of Appeal & Supreme Court -
In Feb. of 2011, NT and AJ appealed the Harrington Judgment. His Highness requested the Court of Appeal to dismiss defendants' vexatious, frivolous and meritless appeals. In Jan. of 2012, three judges upheld the Harrington Judgment. Next, with all their might NT and AJ tried to convince the highest court of Canada to allow them to appeal. His Highness again requested the Supreme Court to dismiss AJ's and NT's meritless applications. The Supreme Court struck the defendants Alnaz Jiwa and Nagib Tajdin with the final and the most humiliating blow. Thus a THIRTY MONTHS ugliest and unprecedented crusade of defiance championed by AJ and NT came to an end. From a legal standpoint, this case is closed forever. Nobody can ever challenge His Highness' victory.
This lengthy, disruptive and costly legal battle has consumed His Highness' very precious 36 months. This includes the Reference Proceedings which still continues after 25 months. (Refer to section # 9).
The Imam's Talika - A Religious Address
After the Court delivered its historic Judgment, the Imam addressed all His followers residing in USA, Canada, England and Kenya through a highly honoured and most sacred form of communication known as talika, a written address. This talika reiterated that His Highness was the sole Plaintiff and that the spurious allegations of fraud and forgery made by AJ and NT were "unfounded". The Imam vindicated all His Institutional leaders and the entire legal entourage from false and malicious allegations fabricated by the officer of the court Alnaz Jiwa and Nagib Tajdin.
Court Officer Alnaz Jiwa
Makes False Allegations Against Institutional Leaders
It should be emphasized that the officer of the court Alnaz Jiwa had made some very serious allegations against the Imam's chosen institutions and whose leadership He has appointed.
In his Statement of Claim, the Imam repeatedly asserted that He "edits" His Farmans; the officer of the court Alnaz Jiwa suggested that the Plaintiff's position was false. The Imam asserted that Alnaz Jiwa had infringed his copyright; AJ challenged by asserting that the Constitution and various excerpts from speeches and farmans provide him with an implied consent to publish and distribute His Highness' copyright materials!
In his Defence, Alnaz Jiwa asserted that the Imam's Institutional leaders had "failed" to provide Farmans to the Jamat! Without any shred of evidence, the officer of the court Alnaz Jiwa asserted:
(i) His Highness' leaders had allegedly engaged in treasonous activities by editing Farmans of His Highness;
(ii) His Highness' interpretation of the Constitution vis-a-vis publishing and distributing Farmans is fallacious
(iii) The Constitution does provide to one and all Ismailis to publish and distribute Farmans!
At one point, Alnaz Jiwa's unmatched madness reached its zenith. Alnaz Jiwa suggested that his oath of allegiance to the Imam is also proof of his "inherent" right to record, transcribe, publish and distribute His Highness' Farmans! Alnaz Jiwa's lunacy did not stop here! He went further...
During one of the cross-examinations, Alnaz Jiwa kept on rambling in order to convince the court that ginans, Ismaili devotional literature, which were composed several centuries ago also provide to one and all Ismailis to infringe His Highness' copyright!
The IMAM Vindicates
His Institutional Leaders in Court
Some excerpts from His Highness' response read:
"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."
"The ITREB and the Ismaili Council were, and are, acting on the express instructions of the Plaintiff."
"[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 [His Highness] 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."
JUSTICE HARRINGTON VINDICATED
His Highness' Institutional Leaders
In his Reasons of Judgment, Justice Harrington weighed in and levelled with Alnaz Jiwa's and Nagib Tajdin's onslaught aimed at His Highness' Institutional leaders. With respect to the interpretation of the Constitution, Justice Harrington slammed Alnaz Jiwa.
 "On the face of it, there is nothing in the Constitution which deprives these boards from publishing Farmans. They were specifically directed to encourage constructive interaction between the religious and secular dimensions of education."
 "Furthermore, in the letter dated 24 January 2010, bearing the signature of the Aga Khan, it is specifically stated that responsibility for publication of Farmans has been entrusted to the Jamati Institutions that he appoints under the Ismaili Constitution 'which I have ordained for my Jamat’s social governance globally.' (My emphasis.)"
 "The preamble of the 1998 amendment notes the Imam’s full authority of governance of and in respect of all religious and Jamati matters of the Ismaili Muslims. "
 "Even if there were room for interpretation of the Constitution, assuming the letter dated 24 January 2010 was authored by or authorized by the Aga Khan, any and all doubt has been dispelled."
 "They [Alnaz Jiwa & Nagib Tajdin] say that if the Aga Khan is not pleased with what they are doing, all he has to do is amend the Constitution, or simply issue a Farman, as a new Farman has the effect of overriding the Constitution. However, it is not up to the defendants to DICTATE to the Aga Khan. He tried the religious route, without success." (emphasis added)
 "The second implied consent, not only given to Messrs Tajdin and Jiwa, but to all Ismailis, is based on various public statements apparently made by His Highness from time to time. [...]"
 "I cannot for a moment accept that His Highness contemplated in these speeches or interviews that authority was given to one and all Ismailis to publish his Farmans. If, as the defendants suggest, the Shia Imami Ismaili Tariqah and Religious Education Boards (ITREBs) have fallen down on the job, that is a matter for the Aga Khan. He has not authorized Messrs Tajdin and Jiwa to step in their shoes. " (emphasis added)
 "Although the defendants are careful not to say that the Aga Khan has been inattentive to matters of concern to the Jamat, in a roundabout way they allege the same thing." [...] They presuppose that the Aga Khan personally knew of their activities and by doing nothing about it, acquiesced. The evidence falls far short of laches. There is unbridled arrogance in this assertion. Why would one suppose the Aga Khan had personal knowledge of what a handful of his followers were doing? Furthermore, Mr. Tajdin only wrote to the Aga Khan in January 2010 to tell him exactly what he was doing. That letter elicited a very strong reaction, followed by this lawsuit." (emphasis added)
 "If there were any doubt left, surely it would have been put to rest by the examination for discovery of the Aga Khan in Toronto, on 15 October 2010.
 "First of all, the defendants admit that the real Aga Khan showed up. That is proof positive that he authorized the current lawsuit and that if he had ever given his consent, which he had not, by instituting the lawsuit he withdrew it. (emphasis added)
His Institutional Leaders in Jamatkhanas (prayer halls) in
USA - CANADA - UNITED KINGDOM & KENYA
In addition to vindicating His Institutional leaders through court, the Imam defended His Institutional leaders in hundreds of Jamatkhanas (prayer halls) which are located in USA, Canada, United Kingdom and Kenya by means of a sacred talika or religious address. This sacred address was read in four languages: English, Persian, French and Gujarati. In this talika, the Imam wished and desired that all named and unnamed defendants desist from prolonging the lawsuit.
Nagib Tajdin & Alnaz Jiwa explicitly defied the talika by continuing their battle to the Court of Appeal and Supreme Court. There they were greeted with utter humiliation and defeat. But they are not the only ones who defy the talika of the Imam; their hidden supporters are also defy the Imam.
Continue to Part 4 of 16
Championing Revolt on NT's website; Alnaz Jiwa created Discord, Disunity & Distrust; Nagib Tajdin championed Revolt against Institutional leaders; Missionary Abualy slams Nagib Tajdin; Nagib combines forces with Alnaz Jiwa
Copyright © 2012 lawsuit2010.com. All rights reserved.