"Farman Chor - Thieves"
To achieve his anti-Constitutional objective and to commit a serious breach of His Highness' copyright, Nagib Tajdin had dispatched farman chor (farman thieves; infringers) to different parts of the world to carry-out operation farman robbery. He drugged these farman chor with a one-minute fairy-tale of Karim Alibhay's mehmani-consent. In this manner, the farman chor unlawfully recorded and published His Highness' Farmans.
Alnaz Jiwa (a solicitor by profession; hence an officer of the court) frequently published and circulated His Highness' stolen copyright materials on his listserv, ilm-net, which was loaned to him by the University of Manitba. This net served as one of devil's mouthpieces which ridiculed the most holiest Book of Muslims - the Glorious Qur'an. Further, Jiwa's net ridiculed the ritual of Ramadhan fasting, the Prophet & the Prophet's wives, etc. Since Nagib Tajdin's comments on AJ's net are so offensive, disgusting and blasphemous in nature, only four excerpts have been cited in "Evil & Sickening Propaganda on Nagib Tajdin's Website".
"Imamat's Absolute Right Under Attack"
Nagib Tajdin's and Alnaz Jiwa's blatant defiance and unmanageable demeanour compelled His Highness Prince Karim Aga Khan to initiate legal action against Nagib Tajdin (NT), Alnaz Jiwa (AJ) and John Doe Defendants. This was an unprecedented attack on Imamat's absolute rights and responsibilities.
"John Doe Defendants"
His Highness told the Court that the veiled supporters of NT and AJ "have caused damage to the Plaintiff [His Highness] 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.
"Legal Action to Judgment"
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 a 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.
In one of his sermons to his fanatical supporters, NT had suggested that His Highness had decieved the Court by taking a false oath as the sole "Plaintiff" in the lawsuit against him. 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".
His Highness' senior solicitor Gray told the Court that His Highness' lawsuit was a flagrant infringement case.
After a frivolous, vexatious and meritless legal battle, Justice Harrington ruled in complete favour of His Highness Prince Karim Aga Khan. While granting Judgment in favour of His Highness in January of 2011, The Honourable Justice Sean J. Harrington delivered a catastrophic blow by publicly declaring Nagib Tajdin of Montreal and Alnaz Jiwa of Toronto as INFRINGERS; in lay terms, they are labelled as "THIEVES" or "CHOR" to use the Indian language.
Several farman chor who were either caught with audio-recorders, recording or distributing His Highness copyright materials:
1. Karim Allibhay of Montreal
2. Husayn Dharsee of Toronto
3. Layla Dharsee of Toronto
4. Saker Andani (Layla Dharsee's mother)
5. Alnaz Jiwa of Toronto
6. Shamshu Murji of Toronto (brother of NT's mom)
7. Arzina Murji of Toronto (cousin of Nagib Tajdin)
8. Fatehali Dhalla of Vancouver (one of the key distributors)
9. Freny Nagib Tajdin of Nairobi and Montreal
10. Kassim Kurbanali Sadiwalla of Mumbai, India & Atlanta, USA
"Talika, Royal Address, from His Highness"
To reinforce his legal victory, His Highness in his capacity as IMAM addressed His North American, European and African followers through one of the highly honoured and most sacred forms of communication in the Ismaili Community known as talika, a written address. The talika was conveyed in English and translated in three languages - Gujarati, French and Persian. The talika reiterated the following points which were stated throughout the legal proceedings:
1. His Highness is indeed the sole Plaintiff;
2. Allegations of fraud and forgery made by Alnaz Jiwa and Nagib Tajdin during the legal proceedings were "unfounded".
3. His Highness explicitly vindicated all his Ismaili Institutional leaders and his entire legal entourage from the onslaught of slanderous and malicious allegations which were fabricated by NT and AJ. Prior to this Royal Address, His Highness had already vindicated his institutional leaders during the legal proceedings. (Refer to section 3)
Further, His Highness emphasized that the Harrington Judgment was of profound significance not only for Imamat but also for the worldwide Ismaili Community. His Highness asserted that the Judgment would serve as legal underpinning for modern period as well as for the future.
Farman chor Nagib Tajdin and Alnaz Jiwa alleged that the Talika addressed by His Highness to the Ismaili Community in North American, African and European continents was forged by an impostor. Previously they indoctrinated their cult of supporters that His Highness' communications & a sworn Affirmation were also forged. NT's website impressed upon these ultra fanatical supporters that a jihad (holy war - mahabharata) was taking place and sought to persuade them to be on his and AJ's side. In one of his jihadist sermons, NT wrote:
"People of the Truth have always been a minority. Being part of the majority of those who may be against Alnaz [Jiwa] or Nagib [Tajdin] does not guaranty them that they are on the Path of Truth." - August 22, 2011
For an insight into the mindset of jihadist (holy warrior) Nagib Tajdin, refer to "Battling Lunacy: Nagib Tajdin's Holy War". This reveals how some veiled fanatics have been radicalized into believing into a so-called jihad (mahabharata) is taking place ...read more »
"Battle over Draft Judgment"
From January to March of 2011, NT and AJ battled over the form and content of Judgment. His Highness was compelled to bring a motion to resolve his clash with those who had stolen, sold and distributed his copyright materials. Justice Harrington upheld the bulk of His Highness' draft judgment.
By Judgment dated March 4, 2011, Justice Harrington permanently handcuffed all the farman chor most notably Nagib Tajdin and Alnaz. 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, the farman chor then ignited a full-fledged post-judgment battle. After disregarding His Highness' talika, NT and AJ challenged Justice Harrington's Judgment in two steps.
FIRST, They appealed the Harrington Judgment.
SECOND, Nagib Tajdin attempted in vain to stay or hold the operation of Harrington Judgment.
Phase 1 of Jihad or Mahabharata (holy war)
"Appealing Harrington Judgment"
After 9 months of battling against His Highness, NT and AJ appealed the Harrington Judgment in Feb of 2011. The Judgment had labelled them as "INFRINGERS", "FARMAN CHOR". His Highness requested the Court of Appeal to dismiss defendants' vexatious, frivolous and meritless appeals. In Jan. of 2012, three Court of Appeal judges upheld the Harrington Judgment.
Next, with all their infringers NT and AJ tried to convince the highest court of Canada to allow them to continue to appeal. His Highness again requested the Supreme Court to dismiss AJ's and NT's meritless applications. The Supreme Court struck the infringers with its final and most humiliating blow; it dismissed their application. Thus a THIRTY MONTHS ugliest and unprecedented saga of brute defiance and unbridled arrogance championed by farman chor NT and AJ ended.
From a legal standpoint, this case is closed forever. Nobody can ever challenge His Highness' victory. Further, NT, AJ and their supporters such as Karim Allibhay, Fatehali Dhalla and Shamshu Murji will forever be remembered as infringers - farman chor - who stole, sold and distributed His Highness' copyright materials.
While the foregoing legal battle was raging, the named farman chor AJ and NT continued to battle against His Highness in the realm of Reference Proceedings. This is phase 2 of their jihad which they like to call it mahabharata.
Phase 2 of Jihad or Mahabharata (holy war)
By Judgment dated March 4, 2011, The Honourable Justice Harrington had ordered a reference for damages or profits resulting from NT's and AJ's infringement (chori, in Indian). By Order of Chief Justice, Prothonotary Milczynski was designated as the Referee for the purpose of this reference. His Highness elected to pursue NT's and AJ's profits (Reference Proceedings).
In this second phase of mahabharata, NT and AJ fiercely seek to hide the identities of numerous farman chor. So far in the past 25 months, they have only identified the printer and a shipment of Infringing Materials was sent to Mrs. Zarina Tajin (NT's sister-in-law) to Nairobi, Kenya.
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