His Highness Prince Aga Khan
Karim Alidina Allibhay
"A Battle of Positions over the so-called Mehmani Consent"
His Highness' Position
Throughout the legal proceedings, His Highness has maintained that He does not and has never consented to any of the defendants to publish and circulate His Farmans. His Highness instructed His Ismaili Leaders' International Forum, the highest Constitutional body, to articulate and broadcast His Highness' position and defence with absolute clarity. In this manner, millions of His Highness followers who are scattered around the world were now aware that His Highness' absolute right was under attack by a group of hidden individuals led by Nagib Tajdin.
His Highness wrote two Imamat communications to Nagib Tajdin in which His Highness' position was made crystal clear. Nagib Tajdin and his veiled group disregarded both communications and the matter climaxed to a lawsuit.
In his Statement of Claim filed with the Federal Court of Canada on April 6, 2010, His Highness' core position is expressed in the following words:
"The Plaintiff His Highness Prince Karim Aga Khan claims: [...] a declaration that the Defendants have infringed copyright in the Plaintiff's Literary Works and Readings; [...] "This is a claim for infringement of copyright and moral rights relating to the unauthorized reproduction of the original Literary Works and Readings authored by the Plaintiff, His Highness Prince Karim Aga Khan (''the Aga Khan").
[...] The Infringing Materials were produced, published, distributed or sold by the Defendants. The Plaintiff, the Aga Khan, has not authorized the production, publication, distribution or sale of the Infringing Materials in Canada or anywhere in the world.
[...] The Aga Khan has not assigned or licensed the Literary Works or Readings to the Defendants [Alnaz Jiwa, Nagib Tajdin and John Doe Defendants].
Challenging His Highness' Position
Nagib Tajdin and Alnaz Jiwa challenged His Highness by asserting that the 49th hereditary IMAM of 15 million Shia Imami Ismaili Muslims had no legal basis to enforce His rights because the defendants had explicit and implicit consents to publish His Farmans and Talikas. With respect to the explicit consent, they told the Court that His Highness had provided this during a mehmani ritual. Nagib Tajdin told the Court: "The first Farman book that was published by this defendant was presented before its distribution and circulation to the Imam during Mehmani in Montreal on August 15, 1992." Defendant Nagib Tajdin gives an impression that he was the one who presented this mehmani. In his Defence, the cunning Defendant Alnaz Jiwa doesn't disclose the identity of the actual person who presented the mehmani.
His Highness' Response on The Fabricated Consent
To defend His position from the fictionalized consent so fiercely embraced by Nagib Tajdin and Alnaz Jiwa - His Highness executed a sworn Affirmation. An excerpt reads:
"I, Prince Karim Aga Khan, do solemnly affirm pursuant to sections 14 and 15 of the Canada Evidence Act as follows: 'Sworn Affirmation: "I do not consent and have never consented to the publication and copying of the works in dispute and that are set out in the Statement of Claim." - 12th May, 2010
Nagib Tajdin & Alnaz Jiwa continued to challenge His Highness position. Again, His Highness responded to the Statements of Defence of Alnaz Jiwa and Nagib Tajdin in these words:
"...the Plaintiff [His Highness The Aga Khan & 49th Imam of the Shia Imami Ismaili Muslim] denies that he has ever provided his express or implied consent to the publication and distribution of the Infringing Materials, or any other Farman books, including on the occasion of August 15, 1992, as described by the Defendant, or at anytime thereafter. Neither ITREB nor any other person or entity, other than the Plaintiff, can give consent to the publication or distribution of the Infringing Materials, or any other Farman books."
"On August 15, 1992, the Plaintiff had sight of the books in question, but had no knowledge of the contents or whether the books had been considered for distribution by ITREB, with the consent of the Plaintiff, and therefore could not have consented to any prior or future publication. This is because the Plaintiff did not actually retain the books, which were carried away by either the Defendants or their agents, after the meeting." - 25th May, 2010
Mystery of Unidentified Person Solved
On June 21, 2010, the mystery was finally resolved. It was neither Nagib Tajdin nor Alnaz Jiwa who had presented this mehmani. The unidentified person crawled out of the closet by the name of Karim Allibhay.
Karim Alidina Allibhay is originally from Madagascar and currently resides in Montreal. He maintained that His Highness' position is FALSE and provided a sworn affidavit to the Court. Ever since, a group of ultra fanatics have coalesced around the cult leader Nagib Tajdin. They continue chanting the Karim Alibhay doctrine. Among these veiled fanatics is Mahebub Alam Chatur (aka as Bloglaw). The Honourable Justice Harrington trashed the Karim Allibhay Mehmani doctrine.
Justice Harrington on Mehmani Consent
"Given the ordinary meaning of the words used in the exchange between His Highness the Aga Khan and Mr. Alibhay, I simply cannot find that the Aga Khan gave his consent to Mr. Tadjin’s endeavours...I am simply unable to construe this exchange as constituting consent on the Aga Khan’s part that Mr. Tadjin, and those who may work with him from time to time, publish any Farman. ...In this case, I am unable to accept the defendants’ tortuous, convoluted reasoning." (para 46; emphasis added)
"I find that consent was never given to publish any Farman or Talika..." (para 1)
"I declare that the Aga Khan has never given the defendants permission to publish any Farman, much less the Golden Edition collection." (para 11)
His Highness' Response To
Karim Allibhay's Mehmani Consent During the Appeal
Nagib Tajdin & Alnaz Jiwa appealed Justice Harrington's Judgment. Some excerpts from His Highness' powerful "Memorandum of Fact and Law" dated July 14th, 2011 read:
"Despite inviting the Court to decide the issues of express and implied consent on their motions for summary judgment, the Appellants [Nagib Tajdin & Alnaz Jiwa] now appeal the Judgment based on various grounds of appeal suggesting that these same issues are not amenable to summary judgment. They now argue that the issue of consent is 'complicated and not previously litigated, and the interpretation of the Ismaili Constitution and the religious nature of the issues are the type for which interpretative analysis would require a trial and possibly expert evidence to properly understand and deal with the matter.'"
"As the Motions judge [Justice Harrington] properly recognized, the Appellants' case is without foundation - the overwhelming weight of the evidence is that the Appellants do not have the consent of the Respondent to publish and distribute the Infringing Materials. To suggest otherwise in the face of the initiation and continued prosecution of this action by His Highness, including His Highness' attendance on discovery, can only be described as disingenuous."
"There is no genuine issue which merits the expenditure of further judicial resources. The Appellants have failed to show that the Motions judge erred in law or committed a palpable and overriding error. Whether his Judgment is reviewed on a standard of correctness, or whether it is given deference, this appeal should be dismissed with costs."
"The Respondent [His Highness] submits that the alleged Mehmani 'consent' to use the Respondent's Literary Works, which is espoused by the Appellants [Nagib Tajdin & Alnaz Jiwa] as their primary defence to copyright infringement in this proceeding, does not establish anything remotely resembling a "clear" consent so as to operate as a defence to infringement."
Mehmani Consent Argument during the Hearing
After much erratic presentation, one of the judges asked Alnaz Jiwa to cut the long stories short and to focus and argue on the main point - CONSENT. Justice Nadon grilled Alnaz Jiwa asking why was there a need to go to trial with respect to Karim Allibhay's mehmani consent. The judge pounded Alnaz Jiwa: "What would you say at a trial you can't say here? Give evidence to this Court." (paraphrasing) Alnaz Jiwa stood MUTE in the court.
Justice Gauthier came on the scene and further grilled the Toronto solicitor-defendant Alnaz Jiwa. The judge remarked that she was very puzzled because His Highness' sworn Affirmation responds to the matter of mehmani-consent. His Highness signed an Affirmation in front of Graham Gleason (solicitor) and a notary (Coleman). Both have provided sworn affidavits asserting that His Highness is the author this Affirmation. The Affirmation expressly denies this fictional mehmani-consent or any other consents. The Judge asked if Alnaz Jiwa and Nagib Tajdin had examined Gleason and Coleman. Alnaz Jiwa started to RAMBLE and concluded that His Highness should have signed His Affirmation in front of his own solicitor in France and not Boston! How do you reason with such a solicitor?
Alnaz Jiwa very well knew that questioning Gleason was a recipe of disaster for Nagib Tajdin's cult as its cardinal doctrine would have been completely exposed, ridiculed and trashed! So Alnaz Jiwa started chanting: FORGERY-FORGERY-FORGERY. He and co-defendant said that His Highness' Affirmation was FORGED. However, the Toronto solicitor repeatedly declined to examine Gleason as he was least interested in serving the cause of justice and truth. Gleason would have torn Alnaz Jiwa apart.
An interesting conversation also did take place between one of the judges with Nagib Tajdin as well over Karim Allibhay.
Can Karim Allibhay's Sworn Affidavit be Trusted?
In his sworn affidavit, Karim Allibhay gives the impression that he had no prior knowledge of the illegal 1992 Farman book which he had sneaked in his mehmani plate. Allibhay also gives the impression that he had absolutely no association with Nagib Tajdin's infringing activities which were carried out prior to 15th October, 1992. Allibhay wants the Court and the public to believe that he came to learn about NT's infringing publication on the actual day of the mehmani! Some excerpts from Allibhay's affidavit read:
"I, Karim Alibhay, of the City of Laval, in the province of Quebec, MAKE OATH AS FOLLOWS: [...] During His visit to Canada in 1992, the Imam agreed to allow some families to attend before Him, and as the Imam's time was restricted, He agreed to accept Mehmani from a portion of the Jamats who were chosen based on alphabetical listing of the Jamats resident in Canada. As my last name is Alibhay, I was privileged to attend before the Imam for the Mehmani ceremony. On the 15th of August 1992, accompanied with my wife and my son [...] I met with Mr. Nagib Tajdin ("Tajdin") in the morning of August 15th 1992. Since his last name starts with a "T", he was not among the list of Ismailis selected to attend personally before the Imam for the Mehmani ceremony. Tajdin attended before me and asked me if I would, on his behalf, seek guidance from the Imam respecting the Farman Book that he had just published. [...] he informed me that it had just been printed and that he wished to seek the Imam's blessings before starting to distribute the Farman book to the Jamats."
During the appeal hearing, Nagib Tajdin wanted to sneak in a new piece of evidence. This aroused the attention of the Federal Appeal Court judges. Nagib Tajdin said that Karim Allibhay was not only his friend but an individual who was a "PIONEER" in terms of infringing His Highness' copyright! NT explained that Allibhay had been collecting and transcribing His Highness' copyright materials since 1972. NT gave a totally altered image of Karim Allibhay from the one presented to the public and the court - Karim Alibhay's sworn affidavit. NT was trying to impress that Allibhay was associated with the infringing activities or a member working under NT's leadership. The Court obviously refused to entertain NT's new piece of evidence. In their Reasons of Judgment, Justice Gauthier noted: "They obviously cannot, now in appeal, take a different position."
So is Karim Alibhay a hidden John Doe?
Is Karim Allibhay a Veiled John Doe Defendant?
During the Lisbon Visit of His Highness in 1998 - the "pioneer" Karim Alidina & NT's wife Freny were caught red handed while they were trying to sneak in audio recorders in order to record Farmans. Karim Allibhay and others blatantly defied the process and procedures His Highness had established; Allibhay and others defied His Highness' Representatives, Mukhis & Kamadias who announced that no individual was authorized to record Farmans of His Highness.
Karim Allibhay is a veiled John Doe who too has infringed His Highness' copyright. Allibhay conveniently omitted to mention this cast iron fact in his sworn affidavit!
IMPORTANT UPDATE on KARIM ALLIBHAY May 10, 2012
IMPORTANT UPDATE on KARIM ALLIBHAY
May 10, 2012
Nagib Tajdin & Alnaz Jiwa are currently seeking leave to appeal the Judgments of the Federal Court and Court of Appeal in the Supreme Court of Canada whereas His Highness requests the Supreme Court to dismiss their application with costs.
What must not go unnoticed is the following. In his Memorandum of Argument filed on March 16, 2012 - Nagib Tajdin tells the Court that Karim Allibhay "has helped Tajdin in the publication of the farman over the years." (#16)
June 28, 2012
The Supreme Court of Canada forever ended the ugliest and unprecedented saga of defiance carried out by three lawbreakers, infringers (farman chor in Indian) - Nagib Tajdin, Alnaz Jiwa & Karim Alidina of Montreal. He is a son of former Mukhi of Montreal.
In one of a widely circulated email and that which was also sent to one of NT's solicitor, Nagib Tajdin had suggested that one of the Federal Appeal Court judge was corrupt.
"I had accused Ogilvy Renault through Gray to have circulated the fraudulent Affirmation [of His Highness the Aga Khan]. 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
We Will Continue to STEAL Farmans & Defy the LAW
Despite the Judgment in favour of His Highness the Aga Khan, the absolute lunatic, ever defiant & arrogant Nagib Tajdin had the audacity to write the following rubbish:
"[During his court discovery in Toronto on October 15, 2010, His Highness] confirmed to SS [Vazir Shafik Sachedina], MM [President Mohamed Manji] and Gray [His Highness' solicitor] in our presence everything we were saying since the beginning of the lawsuit [was true]. He said we were instructed by him to continue publishing the Farmans in the Mehmani in 1992 [...] Alnaz and myself [...] are committed to the Imam up to our last breath [Stealing & Distributing Farmans]." - Nagib Tajdin's website, Jan. 26th, 2011
Needless to say that Nagib Tajdin is a pathological liar; some of his affidavits he presented in court are also full of lies. Justice Russell's Order too charcterizes him as liar. With respect to His Highness' court discovery which NT and AJ had carried out out under the threats of contempt of court, read the official court Transcript cited in full in Part 8 of 12 Aga Khan Lawsuit...read
At any rate, Nagib Tajdin is of the opinion his and Karim Alibhai's miserable and most humiliating defeat be interpreted as "VICTORY" & "BLESSING"! He suggested that he and his cult of supporters will continue to carry out infringement (chori in Indian) of course through underground tactics. NT (librarian umed) wrote:
"It was not a failure, it was a blessing. The project was a victory, a Farman books covering 50 years of the Imamat of Mowla was published with instructions and blessings from the Imam-e- Zaman and whoever was meant to have the guidance got the Golden Edition Farman book."
"Attempt by some people to hide the authentic accurate unedited Farmans from the Jamat failed. The Farmans have been preserved for eternity."
"I can bet that with technology progressing by the day, many of those who have a copy will be able to make sure that the whole Jamat gets it, their families, their children and their grand-children.... what a victory!" (emphasis added)
- Nagib Tajdin's ismaili.net, July 2, 2012
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