"Marking the 20th Anniversary of the 'Abu Dhabi Police-Looting' in Abu Dhabi, UAE".
"Shop burgled by policeman and his companion Emirati landlord, US$.4m worth money and valuables looted!" Regrettably, the 'Perpetrator' of this 'Heinous Crime' was the State itself whose Ruler at the time was none other than the late 'Sheikh Zayed', the Emir of Abu Dhabi and absolute Ruler of the UAE; and the 'United Nations' has an obligation to act. ... "Statement on the Occasion of the '20th Anniversary of Abu Dhabi Police-Looting, UAE"
THE SYNOPSIS OF 'JABIR CASE'
[It's a unique case that cropped up in Abu Dhabi, United Arab Emirates, which exposes the specific characteristics of unethical leadership, who don't follow even basic tenets of the rule of law. In order to avoid the enforcement of 4 consecutive Judgments and huge damage claims against 'Malicious Prosecution', Police Extortion; Looting, Torture and prolonged 'Arbitrary Detention' etc., by Abu Dhabi Police, who committed these criminal acts, the UAE administration deliberately and maliciously expelled the 'Judgment Creditor', an Indian investor, from the UAE by a fraudulent executive order of deportation, circumventing the very clear judgments of the Highest Courts of that country, a most heinous action the world has ever witnessed!]
The Abu Dhabi Legal Court of First Instance:
The Court listened to the evidences of eye-witnesses from different nationalities who did not care the threat of local police and public prosecution and dared to explain the facts. In the wake of the concurrent judicial findings of the Criminal Court, the Hon’ble Judge of Abu Dhabi Legal Court of First Instance has expressed his deep shock at how a victim was arrested and detained when he called the police for help from trespassers?
Announcing Innocence, Establishing Malicious Prosecution, False Imprisonment & Assault:
On 10/4/1996 the innocence of Mr. Jabir and his brother had been ultimately upheld by the Hon’ble Judge of Abu Dhabi Criminal Court and acquitted them of all the charges falsely levelled against them and directed the authorities to prosecute the policemen involved and also Mr. Hassan Saeed Hassan (who pled false pretences), for being guilty of deception and assault. The Public Prosecution was blamed by the Court for wrongfully concealing the assault of Policemen against Mr. Jabir and deviation from truth.
“The Court had found that [as also upheld by the Apex Court]:
• (a) the policeman along with Mr.Hassan Saeed, both had committed a serious trespassing crime as well as assault in the first place;
• (b) naturally they were caught red-handed while committing the most serious crimes and what the victim has done was perfectly legal and rightful on his part, on such a dreadful occasion, that is, asked his brother to close the door and call the police;
• (c) the police team who reached at the spot was supposed to arrest the trespassers, but they did not arrest them; instead they had been joined with the trespassers in their criminal pursuit;
• (d) the conduct of the police team had caused the worst miscarriage of justice of all, allowing the criminals who had been caught red-handed to go free and the victims were prosecuted for a crime that they had never committed;
• (e) taking into consideration of an Interim Judgment in a civil lawsuit that Mr. Jabir, the victim, who was the real complainant, had obtained few days before the incident against Mr.Hassan Saeed;
• (a) further his distress call for obtaining help from police-helpline when the wild attacks and relentless extortion that Mr. Jabir has faced at his office etc., clearly reveals the malicious motive behind this case.
The Legal Court of first instance concluded that the aggression of policemen was driven by greed and the culprits were trying to frame the assault charges up on Mr. Jabir to save their face. The Court ordered an enquiry about the brutal conduct of Abu Dhabi Police, forwarded the documents of the proceedings to the public prosecution in order to investigate the incident of aggression committed by the policemen (Mr. Ahmed Abdulla Abdul Khadir, Abu Dhabi, UAE and two other policemen) and Mr. Hassan Saeed Hassan, the plaintiff, mentioned in the documents”. [ Judgment (Legal Court of First Instance) ].
Despite the specific order of the Hon’ble Judge of Abu Dhabi Legal Court to investigate the incident of aggression, no investigation has been conducted by the prosecution. In fact, the prosecutor was on a mission to conceal the crimes committed by his fellow officers and to save the image of Abu Dhabi Police.
The Apex Court, the Supreme Court of Abu Dhabi
In total negation of the Judgment of the Legal Court of First Instance, the office of the Public Prosecution, Abu Dhabi, filed an appeal in the Apex Court, the Supreme Court of Abu Dhabi. On 18/04/1996 the appeal was set for hearing.
The Bail Order, Second Judicial Order in favour of Mr Jabir:-
Mr. Jabir and his brother were granted bail on the filing of the prosecution's appeal. However, despite their acquittal, the bail order of the Apex Court and furnishing of sureties, they were not released from prison. Here, the moral obligation to render justice was repeatedly declined by the UAE authority. There would not have been the necessity for the Judgment Creditor to eschew his bitter experiences of the prison till the pronouncement of final judgment by the Apex Court of Abu Dhabi, UAE.
Dropping the Case by Policemen:-
During the next hearing, the policeman, Mr. Ahmed Abdulla Abdul Khadir, dropped his claim from his complaint in the Apex Court, with a declaration, attested by the Notary Public Abu Dhabi, under number 2314/96 dated 17/03/1996. The Court found it is a solid evidence showing that the policeman felt his mistake. The other two policemen involved in the case, who in fact, became the instrument of horrific torture designed to extort money, declared-that they were misguided by the policeman, Mr. Ahmed Abdulla Abdul Khadir. Mr. Jabir was advised by the Court, of his Rights to sue against the perpetrators for all damages due to baseless and malicious litigation.
The Final Judgment, The Supreme Court of Abu Dhabi:-
On 19/5/1996 the eminent Jurists Panel of Apex Court of Abu Dhabi upheld the finding of the Legal Court of First Instance, precisely in line with the Lower Courts' Judgments. The Apex Court found that Mr. Jabir is innocent; rather a martyr. The Court observed further that the case was wholly false, baseless and that it was fabricated by the police for personal gain. The Court observed that all the pieces of evidence indicates the properness of the behaviour of Mr. Jabir, the victim. It further reiterated the condemnation of Prosecutor for his unjust role in the administration of Justice.
The appellate review highlighted the culpability of the policeman and emphasized the notoriety of his actions as blatant violations of Human Rights. The Court having been convinced about the innocence of Mr. Jabir quoted the Islamic Law that should be practiced by everyone following the Islam Religion. The Court, therefore, ordered restoration of Mr. Jabir’s dignity, and to compensate him for all his losses while pronouncing a 'Landmark Judgment'.
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" [Judgment (Final, Legal Court of Appeal) of Ministry of Justice, Abu Dhabi, UAE]
The Fraudulent Order of Deportation:-
Despite all these, Mr. Jabir, who had several business establishments with huge investments in Abu Dhabi, holding own investor's visa, was expelled from the UAE with ‘No entry Seal’ on his passport, in a manner that was extremely ‘libelous’ – by a 'Fraudulent Order of Deportation', as if the victim was convicted for a crime by the 'Court of Law'. While so deporting the Judgment Creditor fraudulently, the Executive Branch was well aware that ‘the reason shown in the deportation order is untrue. The deportation order was prepared with the false statement, with the intent to defraud the victim. The fraud committed by the Executive Branch of Abu Dhabi has caused grave injury to the Judgment Creditor that has left him in the worst position than he was in before the fraud. [The Fraudulent Order of Deportation]
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.
A brief background of 'Jabir case', the Judgment Creditor:
The Petitioner herein, Panikkaveetil K. Jabir, is an Indian National, who holds 4 consecutive Judgments (1 Civil & 3 Criminal Court Judgments) in absolute terms in his favour from the Courts of Abu Dhabi, UAE, emanating from a Real-estate deal of a nine-storey building contract with an Emirati, local, and the bizarre twist in the case of police extortion, which led to his ‘arbitrary arrest, detention, torture and deprivation of his liberty and properties in all forms, way back in the year 1995. The following is a brief summary of his case.
The 'Judgment Creditor' (hereinafter called "Mr. Jabir") in the case, was a highly earning Engineering expert and Investor with own-visa-status, deeply committed to his engineering profession, running three major business establishments including ‘Engineering, Contracting and Trading’ in Abu Dhabi, UAE. He had a unique opportunity of observing the country after reaching in the UAE in 1979. He had been an active participant in the developmental activities of that country. The value of his business assets stood at a minimum of one Hundred Million U.S. Dollars when the dreadful tragedy took place in his life.
In Sep, 1995 Mr. Jabir signed a lease agreement on behalf of his principal company, the Premier General Contracting Est., with a property dealer, Mr.Hassan Saeed Hassan, a native of Abu Dhabi, covering a Nine Storied Building, proposed to be leased out for a sum of UAE Dirhams 1.08 million (USD 3,00,000.00) per annum, with condition to renew semi-annually. The trouble started when Mr.Hassan Saeed wanted to wriggle out of the contract and was not willing to perform his obligations under the terms and conditions of the contract. Mr. Jabir was forced to take up the entire renovations of the building including the replacement of civil and electro-mechanical fittings.
Mr.Hassan Saeed knew the possible hike in rentals he could then make and he wanted to break off the lease agreement of the building. Meanwhile, he had even sold some of these flats to others against the terms and conditions of the contract and contrary to law. As such, a dispute arose with the landlord and Mr. Jabir. On the basis of legal advice, Mr. Jabir instituted a Civil Lawsuit in Abu Dhabi Court for settling the issue. The conspiracy on the part of the landlord to avoid paying debts was one of the important and thrusting points in the civil lawsuit.
An 'Interim Judgment' was granted by Abu Dhabi Civil Court of Justice in favour of plaintiff, Mr. Jabir and consented the related due of the contract value to be remitted at the Court treasury. The Court informed the same to the accused, (here in Mr. Hassan Saeed, the Emirati landlord), and also intimated him about the seriousness of legal implications he would have to face and the damages he will have to pay. In total negation of the first Judicial Order of Abu Dhabi Civil Court against the accused who took the 'Court Order' as a revenge and started threatening Mr. Jabir of serious consequences if he failed to withdraw the civil lawsuit. Mr. Jabir could not yield to such illegal and unjust demands which amounted to extortion and therefore refused to accede. In consequence thereof, Jabir had to undergo extremes of inhuman and deadly tortures from Abu Dhabi Police which no human being could withstand. However, he was fortunate to be spared from death.
On Thursday 26th October 1995 around Noon, Mr.Hassan Saeed trespassed into the private office of Mr. Jabir along with his accomplice, a Policeman in plain clothes, who held a heavy iron rod of one meter length in one hand and a chained handcuff on the other hand. The policeman enquired as to the original documents of the contract which Mr. Jabir refused to disclose. On this, the entire office was ransacked, drawers opened, files thrown out. Thereupon, the policeman forcibly broke open the office locker with the iron rod in his hand and looted USD 4 Lakhs worth money and valuables and Mr. Jabir was severely beaten in cold blood with the chained handcuff in his hand.
At this juncture, the younger brother of Mr. Jabir arrived at the office with lunch. As he arrived Mr. Jabir asked him to close the door and call the police. By then, the policeman in plain clothes managed to get out of the office with the stolen money and valuables; however, Mr.Hassan Saeed was unable to leave.
It was noticed by Mr. Jabir that the policeman in civil dress had returned and was shouting and striking on the door with the heavy iron rod of one meter length he had and a crowd had gathered around the office. The policeman was shouting and warning anyone from coming near to him and was saying rather rudely "Pakistani, Bengali, Indian all are thieves and procurers".
After some time, the police patrol team arrived at the spot. But instead of protecting the victims from intruders, they joined hands with intruders, acted like mere savages, and the victims (Mr. Jabir and his brother) were shackled, brutally tortured and were literally dragged out of the office through the street to the police vehicle in the presence of known friends and bystanders and taken to an underground lockup.
On reaching the unknown detention centre, Mr. Jabir and his brother had to undergo extremes of cruel torture, inflicting permanent physical damages and humiliation from Abu Dhabi Police, which no human being can withstand.
When Mr. Jabir refused to sign some documents, he was forced to lay down on the floor by them. His face was close to the floor and his hands still cuffed behind the back. They took out their Arabic turban and rolled it on his entire head and started hitting and kicking on his head. And then they tried to pull-out the victim's finger nails with a cutter-sort of instrument. With their cruel treatment his finger-nail were entirely torn apart. Then they started torturing his brother in front of him. Thereupon Jabir fell down unconscious. Subsequently Mr. Jabir was admitted at the hospital emergency, Abu Dhabi, and so many X-rays of his spine, neck and chest etc., were taken on immediate basis.
Those horrid cruelties continued relentlessly as is the general situation in that country. He was held incommunicado for weeks in an underground prison cell, often holding in a solitary confinement. Later, he was taken to the regime's brutal Central Prison and was arbitrarily detained for a long period. Untold sufferings were also inflicted on Mr. Jabir as an under-trial prisoner [Link: The Prison-life of Mr. Jabir his Prison-life in Abu Dhabi].
The public prosecution demonstrated extraordinary misconduct in its investigation. These painful incidents totally destroyed Mr. Jabir, especially the ‘incommunicado’ situation, kept him away from his on-going projects and business activities which led to heavy loss of money and the goodwill earned over years of untiring and dedicated work. These incidents totally destroyed the victim, his life and his businesses in all respects. The Duty and Responsibility of the authority to protect a 'Judgment Creditor', against the threats of violence, was left unattended.
It took six months thereafter, for Mr. Jabir to have his first appearance in Court. Mr. Jabir and his brother were implicated for “using force against Government employee and assault” under the case No. 152/1996.
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