The judgment or order is an absolute decree passed by the highest court in accordance with the UAE Law of Criminal Procedure.
The charge against the victim was 'applying force against a government servant and assault'. Untold sufferings were inflicted on the victim as an under-trial prisoner. It took over six months to appear in court. (View Judgment Highlights)
The Legal Court of First Instance found the victim innocent of all the charges leveled against him, acquitted him and awarded its judgment. The Apex Court of Abu Dhabi was fully satisfied the lower court decision and directing the authority to release the victim immediately. Following is a very important observation of the judgment which itself speak about the innocence of the victim.
The Judgment which clearly revealed the malafides and the arbitrary way in which the police department and the local acted. It further reiterated the condemnation of the prosecutor. An excerpt from the appellate judgment as follows:-
"Verily the Islamic law and the entire positive laws have honoured man and protected his freedom, his honour, his property and his soul. Hence, if man was killed while protecting these, he is considered to be a martyr. And limitation of his freedom without any right is an unforgiving crime and the same is mentioned in the provisions of articles 2 and 3 of the penal procedure code. And it is proved in this case that the policemen along-with the local went to arrest the accused, without any right and curtailed his freedom" (View Judgment Highlights)READ FULL
The grievance of the victim, in a word, is that despite both the Courts including the Apex Court of Abu Dhabi declaring him innocent and directing the police has to compensate all the losses of his business and restoring his dignity, "the Abu Dhabi Police treated him in a manner that is extremely 'libelous’, misguided the authority by ‘false statements of fact as if the victim was punished for crime' and hence deported the 'Judgment Creditor' to India".
The victim in the case was a high earning engineering expertise and was a legal resident in Abu Dhabi over 18 years with established contracting and trading businesses worth millions. The case of the victim emerged from manipulation of power. The subsequent fact that the judgment had been pronounced long past and that its implementation was twisted and torpedoed by the culprits who have access to those in power strengthens the case further.
A brief background of the case. Civil Suit against a local
On behalf of Premier General Contracting Establishment, firm belong to the victim, entered into a contract with Mr. Hassan Saeed, a local belonging to Abu Dhabi, leasing 24 flats in his building for a period of six months against the total consideration of 504,000/- Dirhams ($ 1,45,000/-). The trouble started when Mr. Hassan wanted to wriggle out of the contract and was not willing to perform his obligations under the terms and conditions of the contract. Since the flats were in worse condition, 'Premier Contractors' themselves initiated and taken up all sort of renovations including painting, replacement of civil and electro-mechanical fittings.
In the meantime victim came to know that inspite of the agreement to convey the flats to him, Hassan Saeed had sold some of these flats to others against the terms and conditions of the contract and contrary to law. In view of the fact that he did not comply with the condition of the contract, victim was advised to institute a civil suit against Mr. Hassan Saeed.
The Hon' ble Judge injuncted the payment of the cheque and Mr. Hassan Saeed was unable to realise the advance payment of the contract. On coming to know of this, Mr. Hassan Saeed threatened victim of serious consequences if he failed to withdraw the civil suit. On his refusal, Mr. Hassan Saeed in collusion with the local police, assaulted and grossly abused the victim beyond all imagination which no civilised society in modern world would approve or tolerate....Read More at: A brief background of the case.
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The head of a business empire based in Abu Dhabi was attacked by a posse of policemen in civil dress at his office; robbed of cash and valuables to force him to withdraw a lawsuit against a property owner...More Details
JFS, (Judgment For Sale) is a unique business strategy to satisfy legal judgments, to recover his or her rights from the debtors specified in a Judgment. As a lawful owner of a legal Judgement, the victim has the right to offer his Judgment for sale or to make efforts to legally enforce and recover his assets and the inherent rights of individuals to dignity... 'About JFS'
UAE Judgments are worth buying, in all respects:- The UAE officials are committed to honour the content of the obligation to execute the Court Judgments now available for sale to general public...Read