Open Letter to H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister and Minister of the Interior, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud

20th April, 2018 New Delhi. ‘Reparation Law’

‘OPEN LETTER TO H.H LT. GENERAL SHEIKH SAIF BIN ZAYED AL NAHYAN, DEPUTY PRIME MINISTER AND MINISTER OF THE INTERIOR, TO CLAIM DAMAGES FOR NON-ENFORCEMENT OF A SET OF JUDGMENTS OF UAE COURTS & OUTRIGHT FRAUD’

Download the Authentic  Open Letter to H.E. Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of Judgments of UAE Courts & Outright Fraud, in PDF (Size: 530 kb)

From
Panikkaveettil K. Jabir, [Petitioner],
M/S. Overseas Indians’ Legal Cell, 501, Metro Plaza Building,
Market Road, Near High Court, Kochi, Kerala – 682 018.

To
H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister and Minister of the Interior, United Arab Emirates.

Sub. “Damages For Non-Enforcement of Judgments of UAE Courts &
Outright Fraud by the UAE Administration”

His Highness,

This ‘Open Letter’ is a reminder of the previous letter to H.E. Dr. Ahmed Al Banna, UAE Ambassador to India, Dated 28th Feb, 2018. Full text.

The Petitioner is forwarding herewith a copy of his latest representation to the Ministry of External Affairs, Government of India, dated 09th Feb-2018 for redressal of sufferings and deprivation of all his Rights and assets consequent on his fraudulent and inhuman deportation from the UAE in the year 1996 over-riding the fact that 4 successive Judgments in his favour from Abu Dhabi Courts, finding the UAE officials guilty of the most heinous crimes against him.

The petitioner was closely associated with the Private Departments of (Late) H,H.Shaikh Zayed Bin Sultan Al-Nahyan, from 1982 onwards, the then Emir of Abu Dhabi and also the President of United Arab Emirates, H.H. Sheikh Khalifa bin Zayed Al Nahyan, who succeeded Sheikh Zayed as ruler and many others in the ruling family. He had registrations with all the major Oil & Gas Companies on behalf of his firms General Contracting & Trading Est., with all mandatory Governmental Licences, for bidding/tendering/projects/participations etc., and contributed much to the developments of Abu Dhabi Emirate. The petitioner was one of the first India-born real estate investors in Abu Dhabi, UAE, which is a multi-trillion US dollar industry today.

This is a case of personal and racially aggravated attack with malicious motives by ‘higher officials of Abu Dhabi’, UAE, in collaboration with Police, to stop an ‘execution of a Decree’ awarded by the Civil Court on an Apartment Tower  contract  in 1995,  which involves extortion, trespassing, inhuman torture, illegal detention,  criminal conspiracy and fraud against an Indian investor.

[The following part was a significant turning point in this case, it also exposes the deplorable state of affairs in the Administration of Abu Dhabi Police, during the period of the petitioner’s case; in the year 1995].

“In the instant case, the Abu Dhabi policemen did their atrocious acts towards the petitioner in a terrible manner and were caught red-handed by the Petitioner while committing burglary at his office. Thereby they already lost their face.

The policemen who came responding to the alert of the Petitioner, unjustifiably protected the trespassers who were the  law breakers and jointly attacked the petitioner so horribly, worse than death, at the instance of the local Emirati  (the friend of ‘Crown Prince Mohammed bin Zayed al-Nahyan’) for getting illegal gains and to circumvent the Court’s order in force against him. The Petitioner and his younger brother were literally kidnapped from their office by the policemen and were held as a shield against their aggravated crimes.

The Criminal Court found the offenders (A group of policemen and the local Emirati) were guilty and, therefore, passed orders to investigate the crime committed by them. Then followed several other Court Judgments and orders in absolute in favour of the petitioner including the highest Court of Abu Dhabi, against the culprits”.

An excerpt from the Apex Court Judgment reads 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 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….” (Apex Court Judgment, 188/1996 dated 19/5/1996 Abu Dhabi, United Arab Emirates).

The enforcement of a Judgment is regarded as an integral part of the fundamental Human Right to a fair trial in a reasonable time. That has been violated. Worst still, the Judgment-debtor, the UAE ruler, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, images and reputation in the UAE, hard earned by his blood and sweat and valuable expertise in profession.

After arriving India in 1996, the petitioner had submitted very many representations to your Excellency, as a respondent in the case, detailing his inordinate sufferings due to the patent violations of Human Rights perpetrated against him by your country. Two Judicial Orders were also passed by the High Court of Delhi to you (after approaching the Supreme Court) to settle the case.  A period of twenty two years is passed by till date, but there was no response/acknowledgement was received to any of them.

The Petitioner is yet to receive any relief from the country you are privileged to represent in India.  In recent times, the scenario  in legal area has changed entirely.  That a citizen of any country can seek relief from another country (including UAE) has been established, and also acquiesced in by UAE.

The issue of summons to the UAE Ambassador in America, in a Civil Suit instituted in 2009 in a U.S. District Court against UAE (against the top three members of the UAE’s ruling family, who were accused of roles in the abduction and torture) has led to this important development.  Though the charges and jurisdiction of American Court were questioned initially by UAE, it was conceded as evidenced by settlement reached in between the U.S. citizen and UAE.  It is, therefore, open to Indian Courts or authorities to give relief to a person in India, to sue your Government as well in the light of the legal development.

In the present case, UAE Government has additionally made investments in various parts of India.  Your Government is also engaging in trading and commercial activities worth billions of US dollars.  UAE owns properties in the State of Kerala as well.

Before instituting a Suit against you and your country in the light of subsequent development, the Petitioner felt, and he was advised by the Legal Cell of the Indian Society of Authors (with a former Judge of Kerala High Court as Chairman), and members like Judges of the Mumbai and Kerala High Courts and other Government Lawyers that,  it would be desirable to appraise you about his intention to file a Suit in Kerala for securing relief overdue.

The Petitioner would certainly like to avoid a legal battle, wasteful and long drawn out. This letter is to request you humbly, to compensate him for the damages he has sustained under the various counts including violation and deprivation of the Human Rights, and torture and for the deprivation of all his businesses, assets and earnings situated in UAE at the time of his illegal deportation.  The compensation due to him, would be very substantial, aggregating to very many millions of US Dollars. The Petitioner would be only happy in the circumstances, if you could settle his claim, or agree for a settlement by known legal methods including Arbitration as regards quantum of compensation;  Arbitration by a mutually agreed authority.  He would prefer the direct settlement between the parties.

The UAE is liable to pay the petitioner for all the natural and direct consequences of its wrongful act. Apart from actual loss and exemplary or punitive damages, he is entitled to get compensatory damages for pecuniary and non-pecuniary losses, aggravated damages for pain and sufferings, violation of his dignity, respect and rights,  as detailed in the representation filed before the Government of India, towards the price of his business assets, real estate investments left behind in the UAE when he was illegally deported; and the business profits and gains and its market value he would have earned, as well as other expenses for all these years that followed.

There was not merely criminal failure on the part of the authorities in the implementation of a set of Judgements of the Court of Law (in the case relating to aggravated assault, burglary etc.) The authorities are also liable to compensate the petitioner for his intangible injuries as damages suffered from physical and psychological pain as result of the unjust and illegal actions of the authorities, continued up to the deportation and resultant deprivation when he landed in his home land, bereft of any assets whatever.

The (irremediable) damages inflicted on Petitioner by UAE authorities and its far-reaching repercussions:-

Mental distress (by aggravated assault, abduction, detention, extortion, and inhuman torture);

Anguish (resulting from the impact of torture, and deprivation of businesses, investments, company staffs and employees and mental peace of the members of his family and relatives);

Grief (about the state of affairs of himself and the members of his family);

Anxiety (about his own health, ailments, and worries about his staffs, employees and his family) He had to suffer pancreas disorders, heart ailments, compelling him to be an inpatient in hospitals, and continuing to suffer such ailments requiring constant and massive medication;

Vexation (including that caused by the feelings of agony to himself and the members of his family);

Indignation (against the inhumanities of the administration);

Outrage (about the total lack of Rule of Law, and the feeling that even the judiciary is treated with contempt);

Wounded Pride (in the background of the loss of high esteem and dignity he enjoyed in UAE and his homeland India);

Loss of Faith (regarding the petitioner in friends and colleagues and the like. Such persons included businessmen attached to very prestigious investing establishments).

The petitioner  is entitled to compensation for this unique case of  repeated defrauding of the ‘Judgement Creditor’, torturing him to near death, and violating ‘Four Judgements of the UAE Courts’ in his favour and the like. Having regard to the serious nature of the loss and injuries suffered and continuing to be suffered, he is also entitled to an interim relief, on urgent basis, fixed at 120 million US Dollars [INR.782 crore].

The Petitioner seeks an expeditious remedy, in view of the sufferings undergone by him for a long duration of nearly twenty-two years.  As a founder member of ‘INSA’, (Indian Society of Authors, Kerala Chapter), the Petitioner have already requested ‘INSA’ to offer him assistance through their Legal Cell, and he expect that, the organization and its Legal Cell (with very many former Judges of the High Courts and Subordinate Courts and Senior Lawyers) to help him in the just and equitable cause.

The Petitioner expects a  response and reply before 14th May, 2018.  If there is no response, he will be constrained to resort to legal proceedings, holding you and your country responsible for all the costs and consequences thereof.

Yours faithfully,

Panikkaveettil K. Jabir, [Petitioner],

Encl:
Ref. Letter to Smt. Sushma Swaraj, Hon’ble Minister for External Affairs, dated 09-02-2018.

Open Letter [Main] to:
H.E Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration’

Open Letter [Copies] to:
1) H.H Sheikh Khalifa bin Zayed Al Nahyan, The President of UAE & Ruler of Abu Dhabi.
2) H.H Sheikh Mohammed bin Rashid Al Maktoum, Vice-President & Prime Minister of UAE and Ruler of Dubai.
3) H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.
4) H.H Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs of UAE and International Cooperation.
5) H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister of UAE and Minister of the Interior.
6) H.E Jamal Hussain Al Zaabi, The Consular General of the UAE, UAE Consulate, Thiruvananthapuram, Kerala.

Last Update: 20th April, 2018, New Delhi.

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The Judgment Debtor, the Late Sheikh Zayed bin Sultan Al Nahyan, Former UAE President and Ruler of Abu Dhabi

The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)
August 01, 2014 Reparation Law News, New Delhi

The Judgment Debtor, the Late Sheikh Zayed bin Sultan Al Nahyan, Former UAE President and Ruler of Abu Dhabi Emirate

[The title, the ‘judgment debtor’ is reserved to describe the person who owes the judgment creditor the amount (damages) stated in the criminal judgments and has not paid the debt. In common law in the UAE, the debtors will be jailed until they have paid their debt.]

The ‘Judgment Creditor’ was entitled to execution of the Judgments and levies the Police Department of Abu Dhabi, worth hundreds of million US Dollars as compensation to restore his life, his dignity and his business establishments.

The debtor in the ‘UAE Court Judgments’, is the State of UAE whose Ruler at the time was none other than the late Sheikh Zayed himself, the Emir of Abu Dhabi and absolute Ruler of the United Arab Emirates (UAE). It may be recalled that the Emir was blamed of having been instrumental in defrauding or cheating the Judgment Creditor to avoid honoring his moral obligations and assigned responsibilities.

The Judgment Creditor is an Indian businessman and investor, who was deprived of his valuable rights guaranteed by FOUR successive Judgments (1 Civil & 3 Criminal Court Judgments) from the Legal Courts of Abu Dhabi, United Arab Emirates (UAE); and TWO consecutive Judgments from the High Court of Delhi, after approaching the Supreme Court of India in October, 1996.

The businessman was victimized by the officials of Abu Dhabi, UAE, and the subject matter of his grave complaints were adjudicated by the Courts in Abu Dhabi and Delhi which concurrently found the multiple forms of crime taking place under the wings of the ‘Ministry of Interior United Arab Emirates (UAE)’, such as fraud, forgery, extortion, torture and many other offences.

Both the Courts in Abu Dhabi, the Court of First Instance and the Apex Court were fully satisfied with the highest standard of proof, beyond any doubt that the Police was guilty. The Court observed that all the pieces of evidence indicated the proper behavior of the victim and held that he is innocent; rather ‘a martyr’. The Apex Court comprised of three Judges passed a ‘Landmark Judgment’ in the history of UAE.

The head of the State have a ‘constitutional duty’ to faithfully execute the judicial orders of the country. Any civilized Government is bound to implement the verdict of the judiciary, as that is the basic requirement of the Rule of Law. ‘Laws governing the international community’ do require compliance by the Executive Government, in full measure, with the verdict of the judiciary. This requirement of law was breached by the UAE Government. Instead of enforcing the judgments, the Judgment Creditor was expelled from the country by an arbitrary administrative action, resulting in total destruction of his life, his businesses and his profession.

The administrative action of the UAE was totally illegal and arbitrary, as the Executive cannot override or overrule a decision of the very Courts of the country that ruled reparation to a victim; defrauding the judgment creditor is a personal and vindictive action; it is unofficial and illegal. The UAE Government owes huge debts to the creditor, solely and exclusively responsible for the closure of “his various ‘business establishments’ in Abu Dhabi, United Arab Emirates”.

The ‘legal fight for justice’ took in very many proceedings before the Supreme Court of India and the High Court of Delhi. Despite the directive of the Delhi High Court, the Government of India has not discharged its duties as indicated in the judicial order.

The enforcement of UAE judgment that was delayed and denied for a long period of nearly two decades has to be satisfied without any further delay so that the ‘Judgment Debtor(s)’ could avoid unpleasant consequences that will follow. The creditor holds full power of the Foreign Courts as well as the Domestic Courts to support his claim and to take debtor’s property (lien) in the UAE, where the judgment is recorded, if the obligation is not discharged.

The recent decision of the London High Court on ‘Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz, Saudi Arabia has marked a turning point in the doctrine of ‘State Immunity’ of Foreign States. The landmark decision of Royal Courts of Justice, reaffirm the Rights of Judgment Creditor to pursue his enforcement efforts against the UAE debtors!

The lawyers for Prince Abdul Aziz, the king’s son, argued he had “state immunity” and the court had no jurisdiction to try the claim of Mrs Harb, who was the “secret” Christian wife of the late King of Saudi Arabia. But the learned Judge of the London High Court, Mrs Justice Rose threw out the prince’s argument, opening the way for a full hearing of the case which risks embarrassing the House of Saud.

Some important points of the judicial decision includes (a) the ‘personal immunity ceases when a head of state is no longer, for whatever reason, in office’ ; (b) the ‘head of a state enjoy immunity only in respect of their official acts whilst in office’ ; (c) a ‘successor regime is obliged to compensate the victim of state wrongs’. The Court also relied on Article 39 of the Vienna Convention on Diplomatic Relations 1961. Under this provision, immunity ratione personae, personal immunity, for an ambassador lasts only while he or she is in office. [‘London High Court on ‘Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz, Rose J, [2014] EWHC 1807 (Ch),09/06/2014′].

The Government of India is duty bound to safeguard the interests of its citizen who was victimized by Abu Dhabi, UAE, the receiving state. But even after the lapse of nearly two decades, the Government of India has totally failed to help, implement judicial orders of the UAE and of Delhi High Court. These actions and omissions on the part of the Government is contrary to the ‘Vienna Convention on Consular Relations (VCCR) 1963’ particularly Article 5, enforced from 19-3-1967. A recent judgment of the Supreme Court which casts liability on a Government for the delay in the disposal of the complaints of a citizen, even when the delay is at the instance of a Legal authority or Tribunal.

Endnotes:

We intend to give wide coverage to the issue in public interest; to protect innocent people, of being exposed to the kinds of brutal, inhuman tortures (mental, physical and economic) and to safeguard the interests of UAE Judgment Creditors in future.

The campaign includes ‘Selling the UAE Judgments’ and ‘Selling the Film Rights’, the rights to produce both a book and a movie based on the facts of ‘Unexecuted UAE Judgments’.

Reference Links:

Reminder Notice to the Government of India
It is fervently hoped that the new Government will duly consider taking the necessary steps to execute the judgments through all means, including the International Court of Justice (ICJ), the principal judicial body of the United Nations (UN), on behalf of the judgment creditor. …

Reminder Notice: The Ministry of External Affairs, New Delhi – July 16, 2014
India’s ‘National Shame’: ‘The MEA & MOIA’
Documents Archive: Jabir Case

Features on ‘Human Rights in the UAE’

• 1) Real-life Judgment Fraud by the UAE Administration Uncovered!
• 2) Solidarity with UAE lawyers
• 3) Truth and Justice are being nakedly sacrificed for UAE’s Reputation
• 4) The legacy of torture in the UAE; you may have never heard of!
• 5) Indo-Gulf Reparation Mechanisms Timeline – Submissions & Responses
• 6) A Gift with Lots of Baggage – Sarah Leah Whitson, Human Rights Watch
• 7) The Moral Greatness of UAE is not admirable, and praised when they are not praiseworthy!
• 8) Learn about corrupt practices in UAE

Resource Links:

UAE Judgments For Sale! – What does it mean?

’Judgment for sale’ is a campaign, primarily organized by voluntary member contributions. It’s a value added, investment campaign, aimed to expose the debtors who hide Judicial decisions, commit fraud or other heinous acts to avoid honoring their obligations. As a lawful owner of a legal Judgment, the winner has every right to offer his un-executed Judgments for sale or to make efforts to legally enforce and recover his assets and the inherent rights of individuals to dignity. (‘Read more at FAQ’)

Court Judgments are not worthless piece of papers!

When an issue arises, the aggrieved party files a suit, conduct the same through able counsel, present relevant documents and witnesses before the court and the case is heard at length. It is after a lengthy legal procedures that the Hon’ble Judges pronounce the judgment, giving due weight to every aspect of the case. The aggrieved party is greatly relieved on getting judgment in his favour. He is full of hope, relief and happy on winning the case. From the day next, he wait for the execution of the judgment and receiving benefits thereof.

Together, let’s end Judgment Fraud in the UAE! (‘How do I become a voluntary contributor?’)

Photograph: Sheikh Zayed bin Sultan Al Nahyan, founder of UAE, the first President, also the Emir of Abu Dhabi’
First Published: ‘CNN iREPORT’