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 quote ''applying force against a government servant and assault’’ unquote. Key excerpts from the summary of the judgment, Abu Dhabi Legal Courts:- (Highlights)
The higher Judiciary of the UAE upheld the innocence of the victim by concurring verdicts; simultaneously, it was proved that both the plaintiff, police personnel Mr. Ahmed Abdullah Abdul Kadir and other police men were the aggressors who cruelly assaulted our client without any provocation. The court witnessed a situation that there has no claim against defendants (our client). The court determined the defendant was illegally detained and ordered his release.
The operative part of the Judgment clearly reveals the malafides and arbitrary manner in which the police department of Abu Dhabi has acted. View excerpts:- (Shown as red and black dots)
There is not any evidence which can prove the first accusation but in contrary it is proved from the saying of the policeman that the first accused has received him hospitably when invited him for a cup of tea, and all the accused has done was that he ordered his brother, " the second accused" to close the door and to call the police, which is logical conduct and free from any resistance or prevention to the policeman from performing his duties. All the evidences indicates to the properness of his behavior, some of these evidences are:-
1. The accused was confident being innocence as he has informed in advance that he has deposited the amount of the cheque Which is subject of accusation at the treasury of the legal Court and the plaintiff has confirmed the same in the investigation. (Note: the papers include a receipt of deposit of the amount vide printed NO. 19608 dated 25/20/1995 i.e. before the said incident.)
2. The policeman and the plaintiff came in civil dress on 26/3/1995, which means that the plaintiff by this time was aware that the amount is deposited in the Court. Moreover, the policeman was holding shackles, inspite of all that, the first accused has only ordered his brother to close the door and asked him to contact the police, which is a logical matter that can be adopted by any man in such a situation.
4. The policeman declared that he has taken the key, opened the door and went out. This means that there was no resistance from both the accused and if they had prevented Hasan from going out, it was because they understood that he came to attack them, after they had informed him.
5. They had deposited the due amount of cheque in the Court.
6. The escape of the policeman from the shop proves that he was wrong and has no legal authority to arrest the accused. And what the both accused have done was that they only asked to inform the Police about the matter. In fact the policeman should do this and he has to wellcome this action, and he should not run away and stand at the door holding an iron bar in hand threatening anyone who come near the place.
7. It is confirmed that the policeman moved with the plaintiff upon oral instruction to summon the first appellee. On the reading the arrest warrant, a copy of which was presented before the Court of appeal, it seems that the warrant encompassed that the first appellee was to appear before the police of the capital, and no where it is mentioned to arrest the appellee and it was duty of policeman to act according to the contents of the warrant.
8. 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 a man was killed, while protecting these, he is considered to be a martyr. And limitation of his freedom without any rights is an unforgiving crime and the same is mentioned in the provisions of articles 2 and 3 of the Penal Procedures Code. And it is proved in this case that the policeman along with the plaintiff went to arrest the accused and to limitate his freedom…. Therefore, it is right of the accused to verify the reason behind which he going lo be arrested, and to take help of the security men and to defend his freedom. The accused had exactly done the same when he asked to inform the police to inquire into the matter and to conduct the necessary Investigation in respect of this assault. (Page No. 5 highlighted in Red - View document in PDF Format)
9. It is strange to find a declaration enclosed with the papers executed by the policeman, attested by the Notary Public under number 2314/96 dated 17/3/1996 concluding his disclaims from his rights in this legal case which is a clear cut evidence showing that he felt his mistake and so he wanted to relinquish ! The Court is wondering, from what he wants to relinquish ? Does he want to abandon the security of the country? Then this is a solid evidence that both the accused did not resist the policeman.
The Judgment: The Legal Court of First Instance, Ministry of Justice, Abu Dhabi - Final Decree
The Court of first incident declared our client's innocence and forwarded the judicial findings to the public prosecution to investigate the incident of aggression committed by the local and the other police men who in fact, became the instrument of horrific torture designed to extort money. View excerpts:-
The Legal Court of First Instance, Ministry of Justice, Abu Dhabi declared the Final Decree on 10/04/1996 in a public session by Hon'ble Mohammad Abdul Raheem Khoori, into the case No.152.96 registered on 11/02/1996 raised by the public prosecution under No.601/1996 in the presence of Mr.Mohammad Obaid Al Kabi, Prosecuting Attorney, and Mr. Abdul Fattah Sayed Ahmed, the Secretary.
Hon'ble Mohammad Abdul Raheem Khoori has issued the following judgment in the presence of all the parties that, the Court had declared both the accused (the victim and his brother) are innocence.
And - To forward the documents of the proceedings to the public prosecution to investigate the incident of aggression committed by both the plaintiff (3) Mr. Hassan Saeed Hassan, Abu Dhabi, UAE) and the policemen (Mr. Ahmed Abdulla Abdul Khadir, Abu Dhabi, UAE and two other police officers) mentioned in the documents.
Judgment (Legal Court of First Instance) of Ministry of Justice, Abu Dhabi, UAE
Is available (English Translation) at the following Links:- (Page 1 & Page 2)
Read Full <== Click Here The grievance of the victim
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, victim has initiated and taken up all sort of painting, replacement of civil and electro-mechanical fittings. There was an amount worth UAE Dirham 3,00,000.00 (AED 3 Lakhs) had spent the victim on behalf of his principal company, the Premier General Contracting, for renovation works that includes the cost of material and manpower.
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. There were many serious complications were listed in the Civil Suit against Mr. Hassan Saeed as a Landlord. 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. The innocence of the victim and the conspiracy on the part of the 'Landlord', Mr. Hassan Saeed are the important and thrusting points in the case. ...Read More at: A brief background of the case.
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