Aga Khan Lawsuit

 

 

Nagib Tajdin Publicly Ridicules

 

His Highness Prince Karim Aga Khan's Reply

 

on his propaganda machine

(website ismaili.net - a website thousands have boycotted as it displeases His Highness)

 

- May 24, 2012 -

 

HIS HIGHNESS THE AGA KHAN

 

"If anything, the Defendant's allegations of forgery may be considered slander and defamation against the Plaintiff [His Highness] and his aides. The Plaintiff reserves the right to pursue any and all legal remedies concerning these allegations made by the Defendant. [Nagib  Tajdin]"

 

 Source: His Highness' Reply to the Statement of Defence of Nagib Tajdin, P. 43, May 25, 2010

 

 

 

Ismaili Constitution & Farmans

 

His Highness ordained the current Constitution under his sign manual and seal. An extract of the Preamble reads: By virtue of his office and in accordance with the faith and belief of the Ismaili Muslims, the Imam enjoys full authority of governance over and in respect of all religious and Jamati matters of the Ismaili Muslims. Under the heading of "Power & Authority of Mawlana Hazar Imam [His Highness Prince Karim Aga Khan]", Article 1.1 maintains that "Mawlana Hazar Imam has inherent right and absolute and unfettered power and authority over and in respect of all religious and Jamati matters of the Ismailis" (p.7). Moreover, His Highness has the sole authority to determine "all questions that may arise as regards the meaning and interpretation of any such constitution" (p.7).

 

The foregoing citations unmistakably lead us to infer that the very act of printing, publishing and circulating His Highness' Farmans and Talikas or any other material which relates to "religious and Jamati matters of the Ismailis" directly falls within the sole prerogative of His Highness.

 

It is His Highness' sole prerogative to authorize or not authorize readings of Farmans in any part of the world; to publish or not publish His Farmans. If His Highness chooses to publish - at his sole discretion and pleasure - all, any or some of his Farmans at any given time and in any part of the world, such a publication can only take birth in accordance with an established criteria and well established guidelines. To carry out this function, His Highness has created The Tariqah and Religious Education Board or ITREB, previously known as The Ismailia Association. Article 8.1 & 8.4 (d) of the Constitution respectively read:

 

"There shall be a Tariqah and Religious Education Board for each of the territories...for which it is formed for the provision of religious education at all levels of the Jamat, for the training of religion teachers and waezeen, for research and publication, and for the performance of such functions in relation to the Ismaili Tariqah as Mawlana Hazar Imam may deem necessary." (p.14; emphasis added)

 

"Each Tariqah and Religious Education Board shall, under the direction and guidance of Mawlana Hazar Imam: ...(d) undertake publication of books and materials on relevant aspects of Islam and Ismaili Tariqah." (p.15; emphasis added)

 

Article 8.1 & 8.4 empowers ITREB to carry out the official mandate of publishing books and materials. The words "undertake publication of books and materials" on aspects related to "Ismaili Tariqah" obviously include publications of Farmans. But ITREB's constitutional mandate can only be carried-out under the explicit "direction and guidance" of His Highness thus accentuating the established criteria. Over the course of many years, ITREB, the Council and the LIF have provided sufficient clarity over this established criteria.  

 

The Aga Khan Lawsuit

 

- April 2010 -

 

In their frivolous, vexatious and groundless legal battle against His Highness, Nagib Tajdin and Alnaz Jiwa told the court:

 

1.    His Highness is not permitted to edit His own Farmans!

 

2.    His Highness edited Farmans released through ITREB's are not Farmans!

 

3.    The announcement from His Highness' Leaders' International Forum (LIF) which was read in all jamatkhanas across the world on January 16, 2010 was misleading;

 

4.    The LIF which is directly under the supervision of His Highness has deceived the global Ismaili Community by asserting that Nagib Tajdin and his group had infringed His Highness' copyright and committed a breach of the Constitution!

 

5.    ITREB does not have the mandate to print, publish and circulate Farmans!

 

6.    Without any shred of evidence, the defendant-solicitor Alnaz Jiwa alleged that "in recent years the Institutional leaders have not only failed to make the Farmans available to the Jamats, but they also insist on editing the Farmans" (para. 45); "Some institution leaders have failed to abide by the Constitution" (para 47); "Institutional leaders do not abide by the Constitution and are also resisting to abide by the Imam's Guidance" (para. 66).

 

His Highness' Response

 

"The ITREB and the Ismaili Council were, and are, acting on the express instructions of the Plaintiff [His Highness Prince Karim Aga Khan]." (Reply to the Statement of Defence of Alnaz Jiwa, para. 18)

 

"The Plaintiff [His Highness] has the right to review and edit his Farmans before they are published." (Reply to the Statement of Defence of Alnaz Jiwa, para. 19)

 

"The Plaintiff [His Highness] 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 Plaintiff's Farmans and other works" (Reply to the Statement of Defence of Alnaz Jiwa, para. 35)

 

"With respect to paragraphs 25, 28, 44, 45, 47, 70 and 71 of the Defence [of Alnaz Jiwa], the Plaintiff reviews and edits his literary works as he sees fit and denies that he is not permitted to do so. With respect to the second sentence of paragraph 71 of the Defence, the Plaintiff denies that the only authentic versions of the Farmans are the actual words spoken by the Plaintiff without review and editing. With respect to the last sentence of paragraph 71, if the Plaintiff considers it useful and desirable, the Plaintiff does send the reviewed and edited Farmans to the ITREB to supersede the oral Farmans." (Reply to the Statement of Defence of Alnaz Jiwa, para. 22)

 

"With respect to paragraphs 75 and 76, the 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."

 

"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." (Reply to the Statement of Defence of Nagib Tajdin, para. 27)

 

Both defendants rejected His Highness' Reply. Two years, Nagib Tajdin's propaganda machine (ismaili.net) scoffs at and ridicules His Highness' Response in the following words:

 

Nagib Tajdin Ridicules His Highness' Reply to the Court

 

On May 13, 2012, librarian Umed (Nagib Tajdin) poked fun at His Highness' Response, His Highness' Department of Jamati Institutions (DJI), MM (Mr. Mohamed Manji, President, Council for Canada & SS (Dr. Shafik Sachedian, Head of DJI) in the following words: 

 

"Just imagine Moses coming down from the mountain with the 10 commandments and telling the community: "these are the Farmans of Yahve, they will be conveyed to you by Rabbi Moshe Mordecai (MM) once they are edited by Rabbi Shalom Shimon (SS) because meanwhile they are not to be considered Farmans, you may go to read them to the Chief priest Cohen in the Synagogue after the ceremony of the unveiling of the Holy Scroll ;-)

"Editing of the 10 Commandments under supervision of Rabbi Shalom Shimon of the Deuteronome [sic] Journal Interpreter (DJI) has been rendered necessary because there was thunder noises coming out of the burning bush while these were written on the rock and Yahve who is thinking in Aramaic spoke in Hebrew therefore editing is necessary :-)"

In essence, Nagib Tajdin is not only ridiculing the Institutional leaders; he is also publicly ridiculing the reply of His Highness Prince Karim Aga Khan who asserts in His Reply to the Court of Canada: "The ITREB and the Ismaili Council were, and are, acting on the express instructions of the Plaintiff [His Highness]."

 

YAZID

 

Evil Propaganda Publicly Disseminated by Alnaz Jiwa

 

Nagib Tajdin (NT) is not the only one who has been slandering His Highness, His Highness' aides and His Highness' appointed Institutional leaders. NT's co-defendant Alnaz Jiwa (AJ) has followed the same practice. But unlike NT, AJ is a solicitor by profession, hence, an officer of the court.

 

After blatantly disregarding His Highness' Statement of Claim, Reply to NT's and AJ's Statement of Defences, His Highness' notarized Affirmation, Mr. Gleason's and Ms. Coleman's sworn affidavits and also Judgments rendered by the Court of Canada - the officer of the court Alnaz Jiwa decided to publicly slander His Highness.

 

On NT's website, the officer of the court Alnaz Jiwa suggested that His Highness has appointed Institutional leaders who are comparable to Yazid & Azazil (satan) to serve His Community! NT too has characterized His Highness' Institutional leaders as the current Yazids. To accurately assess the evil propaganda displayed on NT's public website, a brief historical introduction of Yazid is necessary followed by a Response to AJ. Bear in mind that this Response has become necessary in light of the incessant evil propaganda which is being carried out by AJ, NT, Mahebub Chatur (aka bloglaw) and other fanatics. This Response should refresh  AJ's memory as to who are the ones championing the legacy of Yazid.

 

Evil & Sickening Propaganda on Nagib Tajdin's Website: To justify that they are followers of His Highness, Alnaz Jiwa and Nagib Tajdin pretend that they are waging a war against an impostor who has usurped the divine office of IMAMAT...The foregoing evil and sickening propaganda somehow continues to mesmerize a very small cult of fanatics. These fanatics slander His Highness, His Highness' solicitors, His Highness' Institutional leaders and others by using fake names such as integrity, kachoombar, imani, am; kanize, yasmin, asif, concerned murid , bloglaw, etc. ...more »

 

 

 

 

AlnazJiwaPicture.jpgnagib-tajdin-Vanouverite.jpg

Defendant Nagib Tajdin

Defendant Alnaz Jiwa

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