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’

Reputation! Reputation! Reputation! “Truth and Justice are being nakedly sacrificed for UAE’s Reputation”

Introductory Note

The terrifying real-life experience of the petitioner, an Indian national, will speak about the cruelties of Abu Dhabi, much louder than words.

The Government of India has never risen to occasions against the brutality and humiliation inflicted upon an Indian citizen in UAE despite multiple judgments from that country in his favour.

Under international law, the state is responsible for all actions or omissions of its officials and organs. This is the function of the basic rules of international law concerning the responsibility of States for their internationally wrongful acts and the legal consequences which flow therefrom.

“We therefore specifically demand that all the progressive and democratic governments must adopt a ‘victim-centered approach’ in their criminal justice process and thereby strengthening the Integrity of the Judiciary and people’s confidence in our Justice System”.

‘Please find the following brief from behind the scenes’ and that’s how the ruling regime of Abu Dhabi and United Arab Emirates (UAE) has lost its ‘Reputation’! (‘Reputation is an idle and most false imposition; oft got without merit, and lost without deserving’ ― William Shakespeare, Othello)

“Truth and Justice are being nakedly sacrificed for UAE’s Reputation”:
Download the authentic document in PDF (Size: 374 kb)

(Scene One) Primarily in a civil case, it was for a defeated landlord

When a dispute arose with a local landlord, the petitioner as on behalf of his contracting firm, instituted a civil suit in Abu Dhabi Court for settling the issue. The conspiracy on the part of landlord, to avoid paying debts was one of the important and thrusting points in the civil suit. An interim order was granted by Abu Dhabi Court of Justice in favour of the petitioner.

The defeated landlord turned against the petitioner and took recourse to all illegal and unethical means to regain his ‘Reputation’. The landlord was claiming to be a close associate of the ‘Crown Prince’ of Abu Dhabi. He abused the acquaintance and intimacy with the office of ‘Crown Prince’ for making wrongful gain at the expense of the petitioner. Certain corrupt police officials colluded with him. Making a forcible entry into the petitioner’s place, the petitioner was threatened to withdraw the Civil Suit.

The petitioner was brutally tortured and literally dragged out of his office along the street in the presence of known friends and bystanders. He was confined to a detention center where he was again tortured in a horrifying manner and rushed the unconscious victim to hospital-emergency. He was subjected to the greatest ordeals by being taken from hospital to the underground lock-up and illegally kept incommunicado in solitary confinement. He was confined to secret detention centers in different days with all sorts of malpractices resulting in injury, bodily damage and injury to his reputation.

The petitioner was threatened with dire consequences if he did not agree to withdraw the civil suit filed against the landlord. But he did not accede to their extortion threats. The dreadful agony and blackmailing was intensified thereupon; he had to undergo extremes of cruel torture and humiliation from Abu Dhabi Police which no human being can withstand. However, he was spared from death. After four months of arrest, a false case was registered against him, alleging “Using force against Government employee and assault”. It took six months thereafter, for the petitioner to have his first appearance in Court.

(Scene Two) In the Court of First Instance, it was for the Prosecutor in pursuit of his notoriety and fame;

The Court listened to the evidences of eye-witnesses from different Nationalities. “The witnesses did not care the threat of State Police and Public Prosecution, and they dared to explain the facts”. Mr. Saleem Raza, a Pakistani who said a policeman was holding an iron bar of one meter length in his hand, threatening anyone who came near the office premises of the accused and was shouting “Indian, Pakistani and Bengalis all are thieves and procurers”.

Mr. Zulfiqar Ali who gave similar statement, moreover he added-that the appellee have neither resisted the police nor they have beaten anyone from the patrolling squad and that the appellee are of good nature “I am a Pakistani and they are Indian, no relations are between us, and my testimony is based on truth only. Further the Court listened to the statement of the 3rd witness Mr. Shirban Kalobar from Iran, whose testimony came similar to the declaration of the first two witnesses.

The innocence of the petitioner had been ultimately upheld by the Hon’ble Judge of Abu Dhabi Legal Court of First Instance. The Court found that, the Prosecutor was guilty of proceeding against the petitioner. The Court acquitted the petitioner of all the charges leveled against him and directed the authorities to prosecute the Policeman involved and also the Landlord –for being guilty of deception.

At this stage, the Prosecutor got offended, and he took up the case further, to regain his ‘false prestige’. The office of the Public Prosecutor, Abu Dhabi filed an appeal against the decree of the legal court of the first instance.

(Scene Three) By losing in the Apex Court of Abu Dhabi, it’s ultimately linked with the Ministry of Interior, United Arab Emirates (UAE) for its grossly inflated ‘Reputation’

The case finally came up before the Apex Court, comprising the three-judge panel. The petitioner was granted bail on the filing of the appeal. However, despite the bail and sureties he was not released from the prison. During the hearing, the Police officer dropped his claim from his complaint with a declaration attested by the Notary Public. Finally, the Landlord and the Prosecutor followed the suit and told that they have absolutely no case against the accused.

The eminent Jurists Panel of Apex Court cross-examined all aspects of the case and found that the accused was innocent; rather ‘a martyr’.

“The Court observed that all the pieces of evidence indicated the properness of the behavior of victim, the accused. The Court having been convinced about the innocence of the victim quoted the ‘Islamic Law’ that should be practiced by everyone following the Islam Religion. The case was wholly false, baseless and that it was fabricated by the police for personal gain. The appellate review highlighted the culpability of the policeman and emphasized the notoriety of his actions and violations of Human Rights. “It further reiterated the condemnation of prosecutor”. The Court, therefore, ordered restoration of victim’s dignity and respect and to compensate for all his losses while pronouncing a ‘Landmark Judgment’ .

In spite of all that, the UAE Administration, in a supremely foolish and cowardly manner disagreed to execute the orders of the highest Judiciary of that land, as they thought it would affect the UAE’s Reputation. To overcome this uncomfortable situation and to uphold their grossly inflated ‘Reputation’, the Administration deliberately chose to give a fatal blow to the ‘Judgment Creditor’, who won the lawsuit, with a continued incarceration instead of enforcing the Judicial rulings, the immediate release of the victim and to restore the dignity and respect of the victim.

(Scene Four) New sequence of fatal events by the UAE Administration, the ‘Judgment Debtor’

It was only after three months a new sequence of fatal events unfolded by the UAE Administration, who is in fact the ‘debtor’ in the case against which an unsatisfied court order was awarded. The UAE Administration treated the ‘Judgment Creditor’ as an offender instead, and passed yet another illegal and unconstitutional order of deportation, quoting the very same fabricated charge of “Using force against Government employee and assault” (the charge had been struck down earlier by the Lower Court and the Apex Court of Abu Dhabi by concurring verdicts; on the contrary, it was proved that both the plaintiff and police personals were the aggressors who cruelly assaulted the victim without any provocation) and deported the petitioner to India as if he was punished for a crime’.

Thus, in this case, the ‘Truth and Justice have nakedly been sacrificed for UAE’s Reputation’. The agony of petitioner continues unabated.

EndNote

As per the Law prevailing in the UAE and its high values reflected by the periodic propaganda through the media, the Executive of the State was duty bound to adhere to the orders of the Judiciary of the land. It is respectfully submitted that flouting the orders of a judicial body is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights.

Principal Resources

• ‘A Representation to the Government of India’
• ‘Indo-Gulf Reparations’ Movement
• Photograph: Sheikh Khalifa, President of the UAE on the media, the Guardian UK
• The Promises and Perils of the UAE Constitution and more
• ‘Give us a hand by making a contribution to enforce the Judgments of the UAE Courts’
• Is the External Affairs Ministry of India above the Law?
• ‘India’s National Shame’
• Document Archives
• Published by: The Overseas Indians’ Legal Cell