Mohammed bin Zayed, Crown Prince of Abu Dhabi and the de facto head of the UAE Federation at an Arab summit in Mecca, Saudi Arabia May 30, 2019. Courtesy of Saudi Royal Court (via Reuters)

Govt Keen On Making New Laws For UAE But Brutally Denied Justice To Victim Who Is A Real Judgment Creditor!

“Statement on the occasion of the 25th Year of Gang-robbery, kidnapping and brutal methods of torture done in captivity by Abu Dhabi Police against an Indian investor, in the light of a gazette notification by Central Government declaring the United Arab Emirates (UAE) as a ‘Reciprocating Territory’, under section 44 A of the Code of Civil Procedure (CPC)”.

Kochi 28 Feb 2020: ‘Reparation Law’ ‘Download the True Story of ‘Govt Keen On Making New Laws For UAE But Brutally Denied Justice To Victim Who Is A Real Judgment Creditor!’, in PDF (Size: 515 Kb)’

Lawsuits brought to redress in UAE courts are twisted by the law enforcement, prosecution and the UAE administration by itself. Police misconduct in UAE involves abuse of power to extort money or in the fabrication of evidence to sway the judicial process. These types of unspeakable crimes are prevalent in the UAE are silently supported by their Indian counterparts, the Union Government.

This reality is aptly exposed in this UAE case featured herein below, as a ‘Marking the 25th Anniversary of Gang-robbery, kidnapping, contempt, etc., by Abu Dhabi Police, in the light of a new legislation of greater importance between the Union of India and the UAE Federation, in line with Section 44 A of the Code of Civil Procedure (CPC).

The Central Government has notified that it recognizes UAE as a reciprocating territory for the purposes of financial recovery from debtors located, or having assets, in India. The courts so designated are called ‘Superior Courts’. This means, the above mentioned legal sanction of India to UAE gives them the freedom to list the names of suspects, who were tried in absentia, and India to chase their defaulters, who have apparently run away from the UAE.

The UAE case is the result of a racially motivated hate crime with assignments of tasks, as part of deliberate design, the law enforcement schemed in collaboration with the Prince Mohammed bin Zayed, the de facto head of Abu Dhabi and the UAE Federation, who was a party to these most serious violations of Human Rights and the Constitutional Rights of a Citizen of India.

The cruelty did not halt there. While the UAE Ruler exercised his fraudulent attitude and ruling deficiency by flouting the 4 consecutive Judgments of UAE Judiciary, the Union of India outwitted the UAE Ruler by dragging the case to date, despite 2 Judicial verdicts from Delhi High Court for securing reliefs.

Here, in this case, a bona fide foreign investor in UAE, the decree-holder of a civil lawsuit, who reported crimes such as trespassing and burglary at his office, was literally kidnapped, tortured, threatened him to be killed and subsequently detained for a long period often in solitary confinement by a group of policemen.

Over 25 years has elapsed since the UAE embezzled the entire assets, real estate properties worth over $100 million of the Investor by fraud, who was an engineering expert, owned and established 3 major companies in General Contracting, Engineering and Trading in Abu Dhabi, UAE, defeating all his relentless fight.

Read the shocking story featured here, the bizarre twist in the case of police extortion in Abu Dhabi, UAE.

Shop burgled by Abu Dhabi policemen, US$ 0.4m worth money and valuables looted!

Ever heard of a victim marking the 25th anniversary of the gravest disaster in his life caused by law enforcement authority? It’s the tragic drama of the ‘Judgment Creditor’ in real life.

Regrettably, the discredit goes to the ‘Administration of the UAE, who set ablaze the destruction, by issuing an extremely “Fraudulent Misrepresentation of the Truth” to deport the ‘Judgment Creditor’ from that country, instead of the solemn act of execution of the Judgments passed by the Courts of Law and letting him have the fruits of the Judgments.

A brief background of the story

On behalf of his principal company, the ‘Premier General Contracting Establishment’, the contractor (the Indian Investor herein) had signed a lease-build business contract with an Emirati landlord, ‘Mr. Hassan Saeed’, covering a Nine storied apartment tower.

When a dispute arose with Mr. Hassan Saeed, the Investor, on the basis of legal advice, instituted a civil lawsuit in Abu Dhabi Court for settling the issue.

The Honourable Judge of the Civil lawcourt took a decision in favour of the Investor. Consequently, Hassan Saeed got annoyed and insisted the Investor withdraw the lawsuit unilaterally.

[The following narration is not exhaustive but only a pointer to untold miseries, losses, sufferings; the haunting memories of the ‘cruel and inhuman torture’ and social humiliation suffered by the Indian Investor in UAE].

Scene 1.

On Thursday noon 26th October 1995 Mr. Ahmed Abdulla Abdul Khadir, a policeman in plain clothes from Abu Dhabi police (who haven’t been disclosed his identity), along with Hassan Saeed (the Emirati, accused in the civil case, who has already been warned by the Civil Court against his wrongful motives) came to the private office of the Investor.

The policeman, who held a heavy iron rod of one-meter length and a pair of chained handcuffs. The policeman enquired as to why he filed a lawsuit against him; where’s the original document of the contract? etc., which the Investor refused to disclose.

Scene 2.

As they could not get the required information from the Investor exerting force, they became violent. They wanted to grab and destroy the related documents of the contract from him because an ‘Interim Order’ of the Court already existed against Hassan Saeed.

Towards this the telephone connection was snapped, the entire office was ransacked, drawers opened by force and files were thrown out. The Investor was severely beaten in cold blood and his left-hand fingers were smashed with the iron rod. They paid no heed to the humble requests of the victim.

The policeman forcibly broke open the locker-room with the heavy iron rod in his hand. Thereupon, cash and valuables were found by them.

Scene 3.

So much of money! The policeman’s eyes bulged out in wonder. He looked at his Emirati friend as if he never expected there’s such a large amount of money. The currency blurred their eyes. All in a hurry, both of them grabbed the bunches of currency, and hurriedly stuffed into their pockets. In their hurry and perplexity, part of the currencies spilled over the floor of the cabin.

At this juncture, the younger brother of the Investor arrived at the office with lunch. As he arrived the Investor 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.

The Emirati too tried to escape from the office, however, with bundled valuables in his hands and pockets full; protruding with the stolen money, he was unable to leave.

Scene 4.

The Policeman in civil dress was standing outside the office and was shouting and striking on the door with the heavy iron rod he held in his hand. By then an inquisitive crowd had gathered around the office of the Investor. The policeman was shouting and warning anyone from coming near to him.

At this point of time, a Police patrol team arrived at the spot. This batch of policemen who came responding to the alert of the Investor immediately hit the Investor and his brother. They were, in fact, allies of the intruders, which the Investor never knew or expected. Their faces had reflections of triumph and cruelty. They were like ferocious animals; both the victims were beaten brutally in cold blood.

Then they handcuffed the Investor and his brother behind their backs and dragged them out of the office, on through the street, and kicked them into the police car.

Scene 5.

The Investor was confined to an underground detention center where he was again brutally tortured. There were four policemen in the torture room, and one shouted “We know how to teach Indians” and asked the Investor to sign some documents. When he refused, a policeman in uniform tried to pull out his injured fingernails with a primitive type of instrument. Due to the heinous form of torture, one of his fingernails was entirely torn apart with the skin surrounding the nail.

It was terrible the excruciating pain by the policemen ripping off his nail from the nail bed. But the real horror was when they forced him to lie down on the floor and took some rag clothes consisting of a long length and rolled it on his head, covering the entire face, and started hitting and kicking. As a result of the harrowing torture methods, he was coughing and gasping for breath for a long time.

Soon thereafter the Investor became unconscious and eventually, he was taken to Central hospital-emergency, Abu Dhabi. Over a dozen X-rays have been taken of the different parts of his body at the hospital and recorded. Treatment was made without removing the shackles and handcuffs.

Scene 6.

When those atrocities were being committed in the detention center, the Investor’s business partner (sponsor), a person belonging to Abu Dhabi met the duty officer of the police station, who is of Captain’s rank. He was then told a concocted story.

That the accused (Investor) had hit three of his police staff and an Emirati, and that one police officer and the Emirati, was in a serious condition and admitted to the hospital and that, they were not permitted to allow him to see the accused.

Scene 7.

The Investor was held in isolated hellholes in different detention centers, often in solitary confinement and traumatized before taking him to the notorious Al Wathba Central Prison.

The Investor was brought to the Federal Court on 27 occasions, dragged with shackles, manacled and cuffed on both hands and legs. The trip was 120 km in an armoured truck to the court and the return therefrom through the desert in harsh weather itself was the worst form of torture. Even when its capacity was 15 persons, about 50 persons were packed like salted fish making each one gasp for breath during the journey.

He was kept waiting all these days in a small and narrow room along with other prisoners without any ventilation or so, but not called up for hearing. It took about six months for the Investor, for listing his case for hearing before a court of law of Abu Dhabi, UAE.

Scene 8.

The Court of First Instance expressed its shock while noticing that a victim who sought for police protection from trespassers was arrested and detained!

Eyewitnesses were called to testify in the Court. A Pakistani witness who said that 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”.

Another witness who gave a similar statement, added that the Investor has neither resisted the police nor they have beaten anyone and that they 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 who hails from Iran, whose testimony came similar to the declaration of the first two witnesses.

The conduct of the policemen clearly proved the malicious motives of framing criminal complaints against the Investor. It was found that Hassan Saeed was guilty of deception and assault.

A good number of witnesses from different nationalities, who did not care about the threat of the notorious State-police and public prosecution, dared to explain the facts. This was an unusual occurrence in this country and this indeed helped the Court.

Scene 9.

The Judgment of the ‘Legal Court of First Instance’ was pronounced [Case No. 152/1996] on 10-04-1996.

The Investor and his brother, who were charged with offenses by the Abu Dhabi Police, were acquitted. The Court directed the authorities, to prosecute the policemen involved in the illegal activities.

Despite the prevailing political culture, the Legal Court also passed an ‘Investigation Order’ against the heinous crime by Abu Dhabi police and its subsequent cover-ups.

Scene 10.

In a desperate attempt, the prosecution filed an appeal in the APEX Court of Abu Dhabi.

The Supreme Bench, comprising the three-judge panel, granted bail to the Investor on their filing of the appeal. [However, despite the bail and sureties the Investor was not released from the prison].

The eminent Jurists panel was much moved by the massive evidences before them which established beyond doubt, the orchestration of the police and the dishonest deals of the Prosecution. An early trial was therefore ordered.

During the next hearing, the policeman filed a declaration attested by a Notary, where-under he dropped the contentions in his complaint and pleaded guilty. Hassan Saeed followed the suit and admitted his guilt. When the other policemen too pleaded guilty, the competent authority, the Prosecution, has declared itself willing to accept responsibility.

The Hon’ble Supreme Court advised the Investor of his rights to sue against the perpetrators of the crime for damages due to baseless and malicious litigation.

Scene 11.

The final Judgment of the Apex Court was rendered on [No. 188/1996] 19-05-1996. The Hon’ble Court declared that the Investor was absolutely innocent of the charges. The Court observed further that all the pieces of evidence proved propriety in the acts and conduct of the Indian Investor.

The conduct of the Prosecutor was strongly condemned. Referring to the principles of Islamic Law, the Supreme Court of Abu Dhabi observed that the law had honoured the man who protected his freedom, his honour, his property, and his soul and that a person dying while protecting that freedom is considered a ‘martyr’.

With regard to the facts of the case, the Supreme Court observed that it was proved in this case, that the policemen and other officials sought to arrest the Investor, without any right and that they curtailed his freedom.

The Court ordered immediate release of the victim, ‘restoration’ of victim’s dignity, respect and reminded about the roles and responsibilities of authority towards the victim for reparation for the losses he suffered while pronouncing a ‘Landmark Judgment’.

(The order of the Court, regrettably enough, was not executed and the culprits were escaped from judicial actions. The Investor and his brother were also not released from prison, in total violation of the order of judicial authority.

Scene 12.

The defiant Executive, however, continued the violation of Human Rights. The UAE Administration committed yet another series of crimes of Contempt of Courts, Fraud, etc., and deported the Judgment Creditor on 28- 09-1996 in the most diabolical manner, without any of his property, dignity or respect whatsoever!

The deportation order was extremely ‘libelous’ – by ‘false statement of facts as if he was punished for a crime’, in defiance of 4 Judicial Verdicts including that of the full bench of the Supreme Court of that country in his full favour!

(The anguish of the Investor resultant from the deprivation of his liberty, dignity, and property, as such his business assets earned solely and exclusively through his untiring personal efforts, causes mental depression which will virtually make his life only a vegetable existence).

Article submitted by Jabir P.K., Founder-CEO, M/s. Overseas Indians Legal Cell (Email to  info@legalcell.com).

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Last updated: 28th Feb, 2020

Reference Links 

• “24th Year of Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration” – Chase the Trails of 24-Year ‘UAE Fugitive’, A Habitual Offender!
• “The Settlement of ‘Non-Execution of Court-Judgments, Contempt of Courts, Embezzlement of Funds, Defrauding’ and other Offenses in UAE”!
• “Open Letter to H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud”!
• ‘“The Gravest Injustice Towards An Indian Investor In UAE – Open Letter to Smt. Sushma Swaraj, Minister for External Affairs, Govt. of India!
• “A Set of UAE Judgments was Unpaid, remained Unexecuted for the last 22 years! Both the Governments, the Government of India and the UAE Federation are Playing with Fire!”
• ‘“Thanks to State Department Cables, a U.S.Torture Victim Won a Rare $10 Million Settlement against UAE ruling family” – The condition: ‘Silence in the Press’!
• ‘Abu Dhabi Crown Prince and de facto ruler of the UAE Federation, Mohamed bin Zayed al-Nahyan, is a fugitive from justice. The Government of India has also helped him remain a ‘fugitive debtor’ all these years! ‘A total shame for the so-called India-UAE relations’!
• ‘The Shameful Acts of The Ministry of External Affairs (MEA), The Government of India’
• ‘The Shocking History of ‘Al Wathba’ Central Prison, Abu Dhabi and a ‘Culture of Deception & Secrecy’
• India’s Extradition Treaty With the United Arab Emirates (UAE), The Worst Human Rights Abusers! – ‘A Flashback & The Recognition of Representation-1997′
• UAE Fraud: In the instant case, the Emir, the de facto ruler of Abu Dhabi, UAE, played a full-length drama of cowardice. It remains a global shame for law-abiding citizens!
• Observe the ‘Republic Day of India 2017′ as ‘Black Day’ in Protest Against the Decision of the Government of India to Invite the ‘Crown Prince of Abu Dhabi’ as the Chief Guest of the Day!

Link To Articles
Legal Instruments & References – The Multi-Billion Dollars Judgment Portfolios of UAE.
‘25th Year of Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration!’
“Open Letters to the UAE Administration
‘Open Letters’

Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.

“The Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration” – Marking the 24th Anniversary of Abu Dhabi Police-Looting & Fraud!

‘Statement on the occasion of the 24th Year of Embezzlement of Huge Wealth by Extortion, Gang-Robbery, Kidnapping, Fraud and other Violent Crimes by UAE administration, including prolonged Non-implementation of a set of Judgments of the Legal Courts! – A Gross Miscarriage of Justice Like No Other!

New Delhi 26 Oct, 2018: ‘Reparation Law’ ‘Download the True Story of ‘Chase the Trails of 24-Year ‘UAE Fugitive’, A Habitual Offender!”, in PDF (Size: 455 kb)’

As detailed in the ‘Representation to the Union of India, dated 12-05-2018′, this case is the result of a racially motivated hate crime with assignments of tasks, as part of deliberate design, the local police schemed in collaboration with Mohammed bin Zayed Al Nahyan (known as MBZ), Crown Prince and de facto head of the UAE Federation, who was a party to this most serious violations of Human Rights and the Constitutional Rights of a Citizen of India.

There are patent and admitted violation of the precious Constitutional Rights guarantees under Article 14,19,,21 and 300A of the Constitution. The actions and omissions on the part of U.A.E. thus constitute violation of Human Rights for which all countries under the U.N. are liable and answerable.

The Gross Miscarriage of Justice Like None Other the World Has Ever Seen!

The phrase “Miscarriage of Justice” is consistently synonyms with wrongful conviction, referring to a situation in which a person who is actually innocent is convicted of a criminal offense.

Here in this case, a bona fide foreign investor in UAE, the ‘Decree Holder’ of a Civil Lawsuit, who reported crimes such as trespassing and burglary at his office, was kidnapped, tortured, threatened him to be killed and subsequently detained for a long period often in solitary confinement by a group of royal thugs.

He was further treated with all adverse consequences of repeated-victimization, deported him from UAE, that was extremely ‘libelous’ – by ‘false statement of facts as if he was punished for a crime’, in defiance of 4 Judicial Verdicts including that of the full bench of the Supreme Court of that country in his full favour!

The ‘Decree Holder’ was trapped in a fabricated case, but he boldly fought in all the 3 Courts in Abu Dhabi, UAE, against the Abu Dhabi Police, fearless of the negative situations prevailing in that country.

An excerpt of Apex Judgment it reads “All the evidence indicates to the appropriateness of his behaviour”. A full bench of the Supreme Court heard the case and ruled that, there is not a shred of evidence which can prove the accusation. On the contrary there was ample evidence that it was the police who are criminals!

The ‘Decree Holder’ became a winner again, secured 4 consecutive Judgments in UAE against his perpetrators in 1996 but he is still suffering without dignity, respect and all his material wealth due to the fraudulent deportation from UAE by his unscrupulous debtors, the UAE administration!

The Criminal Liability Against UAE Administration

The Criminal Liability for which the person is directly responsible had already been established with a set of Judgments. Any civilized Government, more so a Member of United Nations, should have hastened to implement the Judicial directives.

The execution, the Judicial proceeding will complete only when the ‘Decree Holder’ gets his property or money and compensation for the damages awarded to him as per the Legal Judgments and Orders, apart from a long list of embezzlement of funds and outright fraud.

Had the Court Judgments in favour of the petitioner awarded 24 years ago, i.e., in 1996, been duly executed or granted the appropriate reliefs to the ‘Judgment Creditor’, his case would have been closed then and there. Instead, the UAE administration committed yet another series of crimes of Contempt of Courts, defrauding the Judgment Creditor, fraud etc., and deported the Judgment Creditor in the most diabolical manner!

It’s High Time for the UAE Government to Come Out of its Hideouts, Face the Facts and Uphold the Laws of the Land!

Mohammed bin Zayed, the de facto ruler of UAE, woke up only to ignore 4 numbers of consecutive Court Judgments of his country against him and another Judgment (decree) by default, for guilty of contempt of Courts, perjury, fraud and perverting the course of Justice! [For more details, see ‘Open Letter to H.H. Mohammed bin Zayed Al Nahyan’, dated 20-04-2018]

The ‘Judgment Creditor’ was an India-born UAE investor in Abu Dhabi, his ‘Business Assets’, including Engineering, Contracting and Trading Firms, stood at a minimum of One Hundred Million U.S. Dollars when the dreadful tragedy took place in the prime of his life.

The Gravest Crime of the UAE Administration which Led to all the Miseries, Irreparable Losses and Sufferings of the Judgment Creditor are Summarized Herein Below, in a Nutshell:

A true story of 24-Years of gross exploitation of huge wealth of a foreign investor in Abu- Dhabi, United Arab Emirates, by offences of Police-extortion, gang-robbery, kidnapping, tortures, fraud etc., apart from contempt of Courts, the prolonged non-implementation of a set of its half-dozen Judgments passed in his favour from both, his host state as well as the sending state.

Mohammed bin Zayed, who is culpable in this most bizarre gruesome crime, had conspired with or rather deployed the Police officials in Abu Dhabi to stop the ‘Execution of a Decree’ awarded to the Petitioner by a Civil Court on an apartment-tower litigation, which was against his associate, an Emirati local.

The policemen did things in the most terrible manner and were caught red-handed by the ‘Decree Holder’, while committing burglary at his office.  A policeman in plain clothes forcibly broke open the office locker with a heavy iron rod in his hand and looted US$.4m worth money and valuables. The Petitioner locked the door and sought intervention from the police. Next to this, the ‘Decree Holder’ had to encounter all the humiliations and the perils in the years that followed. [For more details, see featured article on Abu Dhabi Police-Looting] 

The Petitioner and his younger brother were brutally tortured and abducted from their office by a group of callous policemen who joined hands with the trespassers, and they treated the Petitioner and his brother like ‘terrorists’, beaten in cold blood, kept them isolated in hellholes in different detention centers and traumatized, before taking them to the notorious Al Wathba Central Prison. [For more details, see featured article on ‘Al Wathba’ Central Prison, Abu Dhabi, UAE]

They were kept in continuous imprisonment arbitrarily under squalid conditions, often solitary confinement, in order to humiliate or degrade him and was inaccessible by any of his staff or counsels and were held as a shield against their aggravated crimes.

It took six months thereafter, for the petitioner to have his first appearance in Court. A false case was registered against the petitioner under the case No. 152/1996 offenses, alleging “Using force against Government employee and assault”.

Despite all such negative situations, the Petitioner could convince the Judiciary of Abu Dhabi, that the involved policemen were acting upon the instructions of the ruling elite.

The sworn statements procured from witnesses during interrogation, on multiple occasions, were misplaced and or rejected by the Police-Prosecution Mafia operating in that country.

Even Indian witnesses were threatened by prosecutors against testifying the facts. It triggered the witnesses from other nationalities coming forward to give testimonial evidences in Open Courts despite warnings of dire consequences.

The Criminal Court expressed its shock while noticing that a victim who sought for police help from trespassers was deliberately beaten and detained!

The Hon. Court anxiously listened to the evidences of eyewitnesses from different nationalities. 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 Bengali all are thieves and procurers”.

Mr. Zulfiqar Ali who gave similar statement, moreover he added-that the ‘accused’ have neither resisted the police nor they have beaten anyone from the patrolling squad and that the ‘accused’ 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, an Iranian, whose testimony came similar to the declaration of the first two witnesses.

The Hon. Criminal Court found the offenders (3 Policemen and the associate of bin Zayed) were guilty and has issued an investigation order towards the crime committed by them.

During the course of hearing, the policemen dropped all charges framed against the ‘accused’, by separate written statements duly attested by Notary Public, pleaded guilty of their illegal actions which amounted to a conspiracy against the petitioner.

When the Policemen and the Emirati, the associate of bin Zayed,  pleaded guilty, the competent authority, the Prosecution, has declared itself willingness to accept responsibility, in order to avoid further investigation in the case.

Despite the prevailing political culture, the Legal Court passed the ‘Investigation Order’ against the heinous police-crime and the subsequent cover-ups. (The authentic Judgement by ‘CRIMINAL COURT’ is available here both, Arabic and its English Translation)

In a desperate attempt, the prosecution moved the Apex Court.  Subsequently, the Full Bench of the Highest Court of Abu Dhabi, UAE, heard the case at length considered the facts and evidence and affirmed the Judgement of the Lower court and approved the investigation order against the culprits, the Policemen and bin Zayed associate. The conduct of the Prosecutor too was condemned.

The Hon. Appellate Full-Court therefore, while pronouncing its Judgment, ordered the restoration of the victim’s dignity, rights and privileges, and to compensate him for all his losses. (The authentic Judgement by the ‘APEX COURT OF ABU DHABI’ is available here both, Arabic and its English Translation)

All the Four Judicial Verdicts of Abu Dhabi Courts were Nakedly Violated by the ‘UAE Administration’ and the De Facto Ruler Refused to Obey and Implement the Court Orders. 

As the case history reveals that with the malicious motive of destroying the petitioner, the repeated orders of the Courts to release the Petitioner and to investigate the conduct of the Police, vis-a-vis the crimes committed by police, the reparation order etc, were defied by the UAE executive, causing extreme hardships to the ‘Judgment Creditor’. This superstition of  Judicial decisions by executive fiat is rank subversion of the rule of law.

The UAE Authority fraudulently twisted the due administration of justice in order to evade the law and avoid its punishment against the perpetrators. The specific order passed by the UAE Judiciary to investigate offences of policemen against the Petitioner such as extortion, gang-robbery, and about the involvement of senior officials in the scheme and other heinous crimes, tortures etc., was never probed in spite of clear evidences. [For more details on Abu Dhabi Police-Torture, see ‘The Authentic Reply towards the Letter No.G/3139/2013/MEA (Gulf Division) dated 10-10-2013]

During the course of hearing, the policemen also pleaded guilty of their illegal actions which amounted to a conspiracy against the petitioner. What was left thereafter was ‘only the Execution of Court Judgments to give the sanctioned benefits of those Judgments to the Petitioner. But instead, the Administration of UAE, deported the ‘Petitioner’ to India violated each and every verdicts of the Judiciary of the UAE and committed the serious crime of Contempt of Court.

Worst still, the debtor, the ‘UAE administration’, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, thus 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, his personal images and reputation in the UAE, hard earned by his blood and sweat, his intellectual property including his valuable expertise in profession. (The authentic Order of [FRAUDULENT] DEPORTATION by UAE Administration’ is available here in Arabic, and here its English Translation)

Ultimately, this fraudulent order of deportation also led to the Petitioner’s character assassination, who had an investor-status in UAE with a group of well established business institutions in the country, worth millions of investments, leaving him in utter penury and physical trauma.

The High Court of Delhi

The ‘legal fight’ for the enforcement of Judgments’ took in very many proceedings before the Supreme Court of India and the High Court of Delhi. The Delhi High Court heard the Petitioner’s Writ Petition in 1997 and issued a ‘Mandamus’ to the Union of India, Ministry of External Affairs (MEA), to settle the case in ‘Two Months’ with the UAE counterpart. (The authentic Judgement of HIGHT COURT OF DELHI, Appellate Civil Jurisdiction).

The Union of India is Doing an Unpardonable Mistake of Dragging the Case for a Long Period of 24 Years to Date, Despite a Portfolio of Six Legal Judgments, Apart from ‘Contempt of Courts’ and Unlawful Tactics.

In a letter dated 29-04-2018 the Union of India asked the Petitioner as to what action shall be taken to resolve the case! [A copy of letter dated 29-04-2018 the Union of India, is available here in PDF format].

In response thereto, a detailed reply was sent by the Petitioner to the Union Government, about the action to be taken on the basis of criminal contempt and disregard for the laws, rules and orders against the most serious and heinous of crimes by UAE administration, covering all the relevant facts. [For more details, see ‘The Authentic Reply to the Union of India, dated 12-05-2018]

The Union government will have to take up the case, at least at this belated stage, by way of parley and negotiations consistent with procedural codes of international laws and conventions. The UAE must be persuaded (or even pressurized) to accept the just claims of the Petitioner for a time bound enforcement of the Judgments, recover embezzled funds and payment of damages for the continued violations of the Human Rights of the petitioner.

If a grossly unjust and illegal stand is persisted in by UAE, and contumaciously too, UAE has to be held further liable for such perpetration of atrocities and gross violation of Human Rights. This can be done effectively, by proceeding against the massive assets and investments made by UAE in the various ventures in India proposed on a collaboration basis (by way of industries and other commercial transactions).

The UAE has adopted a reasonable attitude when it settled the American citizens claims for damages for violation of Human Rights against Abu Dhabi Crown Prince, Mohammed bin Zayed, when, the American Court issued process overruling the technical contentions of their diction.

The Order of the Court in the U.S. and the settlement reached between UAE and the complainant therein (Details produced herewith) will buttress the just demands of the Indian National, which Union of India has the honour and privilege to represent.

In the above circumstances, it is respectfully submitted that if the Government of India persuade and pressurize the UAE to meet its obligations under the laws, particularly the ‘International Laws‘. It will obviate a litigation against UAE and generate goodwill in the minds of the Indian citizens, particularly those undertaking enterprises involving substantial investments.

The injustices and cruelties of the authorities of UAE, against the Petitioner, has now crossed an unimaginably long life of ‘Twenty Four’ years! These events have, in turn, destroyed all the potential life span of the Petitioner and there’s no amount of money will ever compensate him for the loss he have suffered!

Panikkaveettil K. Jabir (Petitioner)
Friday 26 Oct, 2018.

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Some of the Representations by the ‘Whistle-blower’ that Speaks For Itself!

1) Probably, the First Hate-Crime Charge Filed Against U.A.E. Regime in the History of OHCHR Geneva, Dated 26-12-1996.

Al Wathba Central Prison, Abu Dhabi, where systematic torture and other forms of unethical and inhuman treatments on prisoners, especially against Indians taken place on a regular basis.

The Union of India has never discharged its duties and has always remained silent against such atrocities surrounded on Indian prisoners in UAE.

The Petitioner took up his case, along with the pleas and sufferings of Thousands of prisoners to the United Nations and others who’re concerned about Human Rights violations worldwide. [Full Text: The Shocking History of ‘Al Wathba’ Central Prison, Abu Dhabi and a ‘Culture of Deception & Secrecy’]

2) ‘Union of India Cannot Extradite its Own Nationals to the U.A.E.!’ – A Representation Towards Extradition Treaty Between India and the UAE, Dated 24-11-1997.

A copy of representation, on the proposed India-UAE Extradition Treaty, was handed over to the then President of India, Shri K.R.Narayanan, by the ‘Petitioner’.

The Hon’ble President of India was kind enough to use his discretionary powers and transferred the same to the ‘top bureaucrats’ in South Block, Ministry of External Affairs, Government of India. Both, India and the UAE had ultimately signed the treaty but Union of India cannot extradite its own nationals to the country in question under this treaty which came into force in 2000.

This particular clause applied to the ‘Extradition Treaty’ that a state does not have any obligation to surrender its own citizen, not only helped a majority of Indian migrants of UAE from false accusations and warrants but also relieved the Indian Courts from wasting precious time. [Full Text: India-UAE Extradition Treaty, A Flashback & The Recognitions of A Representation-1997]

3) Strategy Formulation and Implementation of ‘Reparation Mechanisms’ Between India and the GCC countries, Dated 25-01-2013

‘Indo-Gulf Reparation Mechanisms’ – Strategy Formulation and Implementation of a Mutual Human Rights Law and Reparation Mechanisms Between the Government of India and the GCC (Gulf Cooperation Council) countries, mandating our elected representatives and officials to eliminate discrimination and imbalances of Non-resident Indians (NRIs) working in different countries. This also involves the recognition and protection of the dignity and respect of individuals. [Read: Summary of Indo-Gulf Reparation Mechanisms]

VISIT TIMELINE: INDO-GULF REPARATION MECHANISMS

GLOBAL CAMPAIGN!

‘Judgment For Sale’ (Court Judgments are not worthless piece of papers) As a lawful owner of a legal Judgment, the ‘Decree Holder’ 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. …Why do we sell the UAE Judgments?

Global Campaign
“Alliance Judgment Recovery Networks”

Reference Links 

• “The Settlement of ‘Non-Execution of Court-Judgments, Contempt of Courts, Embezzlement of Funds, Defrauding’ and other Offenses in UAE”!
• “Open Letter to H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud”!
• ‘“The Gravest Injustice Towards An Indian Investor In UAE – Open Letter to Smt. Sushma Swaraj, Minister for External Affairs, Govt. of India!
• “A Set of UAE Judgments was Unpaid, remained Unexecuted for the last 22 years! Both the Governments, the Government of India and the UAE Federation are Playing with Fire!”
• ‘“Thanks to State Department Cables, a U.S.Torture Victim Won a Rare $10 Million Settlement against UAE ruling family” – The condition: ‘Silence in the Press’!
• ‘Abu Dhabi Crown Prince and de facto ruler of the UAE Federation, Mohamed bin Zayed al-Nahyan, is a fugitive from justice. The Government of India has also helped him remain a ‘fugitive debtor’ all these years! ‘A total shame for the so-called India-UAE relations’!
• ‘The Shameful Acts of The Ministry of External Affairs (MEA), The Government of India’
• ‘The Shocking History of ‘Al Wathba’ Central Prison, Abu Dhabi and a ‘Culture of Deception & Secrecy’
• India’s Extradition Treaty With United Arab Emirates (UAE), The Worst Human Rights Abusers! – ‘A Flashback & The Recognition of Representation-1997′
• UAE Fraud: In the instant case, the Emir, the de facto ruler of Abu Dhabi, UAE, played a full-length drama of cowardice. It remains a global shame for the law abiding citizens!
• Observe the ‘Republic Day of India 2017′ as ‘Black Day’ in Protest Against the Decision of the Government of India to Invite the ‘Crown Prince of Abu Dhabi’ as the Chief Guest of the Day!

Link To Articles

‘Mohammed bin Zayed, Crown Prince and de facto ruler of the UAE Federation, visits Trump in Washington on May 15, 2017 ahead of US president’s trip to Saudi Arabia’

“A SET OF UAE JUDGMENTS WAS UNPAID, REMAINED UNEXECUTED FOR THE LAST 22 YEARS! – BOTH THE GOVERNMENTS, THE GOVERNMENT OF INDIA AND THE U.A.E FEDERATION ARE PLAYING WITH FIRE!”

“UAE paid $10m to settle the U.S. Torture case of its citizen while he was in UAE way back in 1984. The most genuine case of an Indian Investor and Trader in Abu Dhabi, UAE, in 1995, the most heinous and multifarious crimes perpetrated by ‘the de facto head of the UAE Federation, Mohammed bin Zayed Al Nahyan, on UAE soil, stands unsettled even after twenty two years ridiculing the ‘Judgment Creditor’ of the case, and casting shame on both India and UAE”

We should all be ashamed of the government of India’s rotten and unprincipled diplomacy, in spite of the passing of 4 consecutive Judgments from the UAE Courts, including the ‘Landmark Judgment’ from Apex Court of Abu Dhabi in absolute, in favour of an India-born, Abu Dhabi-based investor and trader, as well as two other judgments from the High Court of Delhi, which was moved after approaching the Hon. Supreme Court of India, against the de facto head of the UAE, the Crown Prince Sheikh Mohammed bin Zayed Al Nahyan, who perpetrated, masterminded, and triggered many different kinds of violent crimes against an Indian investor in UAE, including fraud, torture and looting, in order to withdraw a civil lawsuit against his associate, on a building tower contract in 1995.

It is inconceivable that when anti-social elements hatch a conspiracy and attempt virtual destruction of a continued life, the violators of law in the State are protected by the United Arab Emirates. The situation cannot be allowed to pass unnoticed by a responsible and civilized Governments in India, when the facts and files establish such wanton violations of Human Rights against a citizen.

‘The US Authority was keen and honest to take up the case of its citizen with the UAE government and the claim was settled just in 3 years’.  On the other hand, the Government of India did an unpardonable mistake of dragging the most legitimate case of an Indian investor and trader in UAE for a long period of 22 years as of now, despite a portfolio of six legal judgments from different Courts in his favour.

‘It would appear that, the big heads in the Ministry of External Affairs, Government of India, is hand in glove with the criminal nexus in the UAE. Why should the Indian authorities stand in the way and resist an Indian citizen seeking redress and enforcement of a set of foreign judgments in Indian Courts?

The transformation of a U.S. Human Rights Lawsuit against Abu Dhabi’s Crown Prince Sheikh Mohammed bin Zayed Al Nahyan to a $10 million settlement is a living example of successful foreign relations among responsible States who value the dignity of its citizens’. Honestly, the Government of India should awake and act now or the next generation will feel ashamed of being born in India!

‘KHALED AL HASSEN V. SHEIKH KHALIFA BIN ZAYED AL NAHYAN’
[District Court, California, United States]

Nearly three decades after the UAE bought the silence of Khaled al-Hassen, a naturalized U.S. citizen, who was allegedly tortured by Mohammed bin Zayed Al Nahyan, crown prince of Abu Dhabi, during the 1980s, according to documents leaked from the hacked email account of Yousef al-Otaiba, the Emirati ambassador to the US, obtained media outlets.

Khaled Hassen secured a $10 million settlement in 2013 roughly 3 years after filing the lawsuit in a U.S. District Court, against the top three members of the UAE’s ruling family. As a condition of his settlement, Hassen is not allowed to speak about the case.

Khalid Hassan’s case against three senior members of the UAE ruling family, Crown Prince of Abu Dhabi Mohammed bin Zayed Al Nahyan, UAE President Khalifa bin Zayed Al Nahyan and retired Brigadier General Saeed Hilal Al-Darmaki, was brought in 2009  before the Federal Court in Los Angeles when Hassan’s lawyers cited the State Department’s telegrams as an evidence of his detention in the UAE, which were published in 2006, that highlight attempts by the US embassy to locate and secure his release.

Khaled Hassen alleged that he was abducted, taken to a secret location, tortured and forced to sign a false confession while working in the United Arab Emirates. The lawsuit seeking civil monetary damages from three members of the royal family in Abu Dhabi, including the Emir, a key U.S. ally in the Middle East.”

After initially denying the charges, the UAE admitted that Hassan was being held by a state security agency under high level government supervision. The attorneys for defendants argued that, litigating plaintiff’s claim in California District would be inefficient and unfair for defendants, who reside in the UAE and hold extremely high governmental positions which require their presence and attention. Therefore, Plaintiff’s claims should be dismissed.

While the judge Dolly Gee, Central District court, warned that the lawsuit may be rejected because the defendants were in the UAE, lawyers argued that the ambassador of the United Arab Emirates was in the US and the judge to accept the case.

Although U.S. Courts normally only hear trials in cases where due process has been exhausted in the country where the crimes were committed, Hassan argued that judiciary in the UAE is run and governed by the same people who tortured him and therefore the trial would not be independent.

During the case the Emirati ambassador to the US was worked behind the scenes to protect members of the ruling family. The president’s name was removed from the case for diplomatic reasons. However, the trial judge would not accept the argument of diplomatic immunity for Crown Prince Mohammed bin Zayed Al Nahyan and General Saeed al-Darmaki.

By May 2013, a $10 million reparation package had been signed secretly for the closure of the case and for details of it not to be made public.  … Read full text ‘Khaled Hassen v. Sheikh Khalifa’

INVEST IN #UAE JUDGMENTS – Earn FIVE TIMES Value Without Losing Your MONEY! https://t.co/QrNuTcgC7W#AJEnglish #Doha #Qatar #AbuDhabi #IDPO pic.twitter.com/o9dckZSFNn

— GCC Crowdfunding (@GCCCrowdfunding) August 3, 2017

‘‘P.K. JABIR V. SHEIKH MOHAMMED BIN ZAYED AL NAHYAN’ 

The points raised by the U.S. attorneys for defendants in the torture case, United States, stood a powerful deterrent against his ‘defendants’ in UAE whereas the Indian investor had taken up his case soon after he was attacked, looted and kidnaped, further arbitrarily detained for over a year in different torture chambers in Abu Dhabi, UAE.

All his claims were proved in the legal Courts of Abu Dhabi, United Arab Emirates (UAE). The Hon. Court has  issued investigation orders against the conspirators, the Abu Dhabi police and others. To escape from prosecution in the UAE Courts, the winner, the India-born Investor was fraudulently deported to India by the de facto head of UAE, Mohammed bin Zayed Al Nahyan, kicked off all the Judgments pronounced by the Judiciary, absolutely in favour of the Indian investor. It also questions the integrity of the executive branch and officials of Abu Dhabi, UAE.

The Judgment Creditor, Abu Dhabi-based Indian Investor, contractor and supplier, who has been unable to get justice, lost his entire property, assets and real estate investments; irrecoverable loss of his 3 different business establishments & projects including General Contracting, Electro-Mechanical Est., Building Material Trading etc., worth above US$100 million in 1996, (Ten times the settlement amount won by the U.S. citizen who was tortured by the UAE royals in 1984) brought him in a deplorable health condition for an unduly long period of the past 22 years in spite of the stiff punitive orders slapped by the Supreme Court of that country against the culprits. …Read full text ‘A Fugitive From Law’. 

Last updated on 04th August, 2017

‘CROWDFUNDING STRATEGY TO ENFORCE UNSATISFIED
UAE JUDGMENTS’

“Support the “Judgment Creditor” to strengthen the Integrity of the Judiciary
and people’s confidence in our Justice System”.
“Invest In ‘UAE Judgments’ Min. 500% Returns! – Read Brochure”

READ FULL TEXT ‘MULTI-BILLION DOLLAR UAE JUDGMENT’ FOR SALE’
http://www.judgmentforsale.com/articles/multi-billion-dollar-uae-judgment-for-sale/

Crowdfunding Promoted by: ‘Alliance Judgment Recovery’

In support of:
Legal Cell; Lawyers India; Reparation Law; Judgment Creditor
https://www.Facebook.com/AllianceJudgmentRecovery/
https://www.Facebook.com/JudgmentForSale/
https://www.Facebook.com/ReparationLaw/
https://www.Facebook.com/RTIorders/
https://www.Twitter.com/JudgmentForSale/
https://www.Twitter.com/RepublicDay2017/
https://www.Twitter.com/ReparationLaw/

GLOBAL CAMPAIGN!

“Twenty one years of arbitrary detention in various forms by the UAE administration, denying fundamental rights and grossly offending the values of human dignity”.

IN THE UAE, “FIRST THEY CAME FOR THE INDIANS”

• First they came for the Indians, I remained silent – I was not an Indian;
  Then they came for the Europeans, I remained silent – I was not a European;
  Then they came for the Americans, I remained silent – I was not an American;
  Then they came for the Emiratis, I remained silent – I was not an Emirati;
  Then they came for the Qataris, I remained silent – I was not a Qatari;
  Then they came for me – and there was no one left to speak out for me.

Link To Global Campaign

• ‘“Thanks to State Department Cables, a U.S.Torture Victim Won a Rare $10 Million Settlement against UAE ruling family” – The condition: ‘Silence in the Press’!
• ‘Abu Dhabi Crown Prince and de facto ruler of the UAE Federation, Mohamed bin Zayed al-Nahyan, is a fugitive from justice. The Government of India has also helped him remain a ‘fugitive debtor’ all these years! ‘A total shame for the so-called India-UAE relations’!
• ‘The Shameful Acts of The Ministry of External Affairs (MEA), The Government of India’
• ‘The Shocking History of ‘Al Wathba’ Central Prison, Abu Dhabi and a ‘Culture of Deception & Secrecy’
• India’s Extradition Treaty With United Arab Emirates (UAE), The Worst Human Rights Abusers! – ‘A Flashback & The Recognition of Representation-1997′
• UAE Fraud: In the instant case, the Emir, the de facto ruler of Abu Dhabi, UAE, played a full-length drama of cowardice. It remains a global shame for the law abiding citizens!
• Observe the ‘Republic Day of India 2017′ as ‘Black Day’ in Protest Against the Decision of the Government of India to Invite the ‘Crown Prince of Abu Dhabi’ as the Chief Guest of the Day!

Link To Articles

Photo Credits: Sheikh Mohammed Bin Zayed, head of the notorious State Security Apparatus in the UAE. [Inserted image: Mohammed Bin Zayed along with his brother Saif Bin Zayed, who is the Deputy Prime Minister of UAE since May 2009 and Minister of Interior since October 2004. He was the Deputy Director of the Capital Police in 1994–1995 before becoming the Director General of the Abu Dhabi Police on October 23, 1995]

A ‘Fugitive From Law’: “Sheikh Mohammed Bin Zayed, Head of A Repressive Regime, Abu Dhabi, UAE, Is A Fugitive From Law In Legal Term”.

[In accordance with the spirit of UN Articles on Diplomatic Protection 2006 framed on 31 March, 2013 this report is published by ‘Alliance Judgment Recovery’, in support of the ‘Judgment Creditor’, who has been unable to get justice for an unduly long period of the past 21 years against one of the worst violations of Human Rights considered even globally, in spite of the passing of 4 consecutive Judgments from the UAE Courts, including the Apex Court of Abu Dhabi in his absolute favour, as well as two other judgments from the High Court of Delhi, which was moved after approaching the Hon. Supreme Court of India].

Abu Dhabi Crown Prince and de facto ruler of the UAE Federation, Mohamed bin Zayed al-Nahyan, is a fugitive from justice. The Government of India has also helped him remain a ‘fugitive debtor’ all these years! ‘A total shame for the so-called India-UAE relations’!!

The situation is now changing in view of the recent developments in India by the International Court of Justice (ICJ), Hague, hearing on Kulbhushan Jadhav’s case. India could espouse a cause against Pakistan, a home to the second-largest number of Indian migrants after the UAE, when the life of an Indian citizen was threatened by actions of that country.  Further punitive measures were stopped on the basis of interim orders passed by the International Court of Justice.

In extreme cases of deprivation of the most valuable Human Rights as in the case of the ‘Judgment Creditor’, one would justify for an Indian citizen seeking relief against a foreign state even before international justice flora. The  ‘UAE fugitive’, who escaped from prosecution for the last 21 years, may feel the heat of these powerful legal provisions and machineries in the very near future.

Compared to Jadhav, who according to India Jadhav was kidnapped by Pakistani agents from Iran, the ‘Judgment Creditor’ is a noble citizen of India  and factually, his ‘kidnapping’ and arbitrary detention were proved in the legal Courts of Abu Dhabi, United Arab Emirates (UAE). The Hon. Court was  issued investigation orders against Abu Dhabi police & a local Emirati, an associate of the office of the ‘Crown Prince’ of Abu Dhabi, (With whom a civil lawsuit was filed by the ‘Judgment Creditor’ in a dispute of an apartment tower) and stiff punitive orders were slapped by the Supreme Court of that country.

Instead of enforcement of judgments the ‘head of the Abu Dhabi, UAE (de facto ruler)’ has repeatedly obstructed the administration of justice to cover up his link with the heinous acts of the notorious state police. The injustices and cruelties by the Executive of Abu Dhabi, UAE, against the ‘Judgment Creditor’, an Indian investor, remains a serious case with highest credibility over any other case in India for the World Court.

The Indian investor had built up in Abu Dhabi, UAE an enviable business empire of Engineering, Trading & General Contracting, 3 different establishments with all sort of infrastructure including warehouses, fully equipped electro-mechanical lab, workshop, staff quarters and other real estate investments etc., that worth US$100 million apart from work contracts and reputation, with his prime years, commanding respect of many of his clients and well wishers in the region.

The investor was entrapped in a criminal case, kept isolated in hellholes in different detention centres and brutally tortured and traumatised. He was continued under detention arbitrarily under squalid conditions, often solitary confinement, in order to humiliate or degrade him and was inaccessible by any of his staff or counsels.

Nevertheless, he could fight his case by his own; whereupon the UAE Courts declared him innocent, the case was false; framed by Abu Dhabi policemen with malicious intentions. The Court ordered the state authority to prosecute both the policemen and the local Emirati.  The Criminal Court observed that, the Interim Judgment of the Abu Dhabi Civil Court, ruled that the ‘Judgment Creditor’ [who was the petitioner in the said case] was the really aggrieved person and had deserved help.

The police dropped charges and plead guilty in the final stage of criminal proceedings. The Apex Court directed the authority to restore the Judgment Creditor’s dignity and compensate the ‘Judgment Creditor’ for all losses and sufferings inflicted upon by Abu Dhabi police.

In total negation of the Rule of Law of the country and kicking off all the Judgments pronounced by the Judiciary, including the Apex Court of Abu Dhabi, the investor, the ‘Judgment Creditor’ was deported from UAE with fraudulent claims by the ‘Emir’.  Thus the ‘Emir’, the de facto ruler, turned himself to be a cruel Fugitive from Law to hide his face.

Thereafter, the personal representations to the Union Government of India, including the United Nations & the NHRC, and legal proceedings were initiated in India by the victim, the ‘Judgment Creditor’.  All his pursuit of justice for the past two decades turned in vain, despite 2 Judgments from the Delhi High Court in 1997 & 2007 respectively, directing the Union Government to settle the case with their UAE counterpart.

The Government of India was in a clear breach of its obligations by ignoring the monstrous injustices and cruelties inflicted upon an Indian citizen, the irrecoverable loss of his huge business assets, the deplorable condition of his health, and most important of all, a portfolio of 4 consecutive Judgments absolutely in his favour by the learned Judges of the different Courts of a foreign state, Abu Dhabi, UAE, including the Apex Court.

The ‘Judgment Creditor’, an investor in UAE, had to undergo extremes of violence and abuses by the Executive Branch of Abu Dhabi [Including the 'wilful inactions' by the government of India] consist of:-

a)  He was literally kidnapped from his office and huge money was looted from his office by the police officials of Abu Dhabi, UAE.

b)  He was brutally tortured, and detained in hellholes under squalid conditions for a long period, in order to blackmail him to withdraw a civil lawsuit, against a local Emirati.

c)  His younger brother was also tortured and severely traumatized in front of him to withdraw the civil lawsuit and extort money from the ‘Judgment Creditor’.

d) During this long spell of illegal detention, the ‘Judgment Creditor’ was denied wholesome food, drinking water, medical attention and was inaccessible by his staff or counsels.

e)  He was held arbitrarily in different detention centres, often solitary confinement without basic amenities, throughout the period of detention and trial, which ruined his entire life.

f)  The Legal Court of First Instance of Abu Dhabi was declared that the conduct of the policemen clearly proved the malicious motives in initiating a criminal complaint against the ‘Judgment Creditor’. The police dropped charges framed against the ‘Judgment Creditor’ and plead guilty in the legal court after an investigation orders passed against police. However, an order of enquiry passed by the Legal Court against the conduct of the Policemen (and beyond) was ignored by the Abu Dhabi authority. The conduct of the Prosecutor too was condemned.

g)  His detention, malicious and deliberate misuse of power, were continued even after the Trial Court Judgment, after a full and fair trial acquitted him, the ‘Judgment Creditor’.

h) The Apex Court of Abu Dhabi, UAE, passed stiff punitive orders against the Abu Dhabi police and strongly condemned the prosecution in its ‘Landmark Judgment’ but  the ‘Judgment Creditor’ was not released from prison.

i)  All the four expeditious Judicial Verdicts of Abu Dhabi Courts were repeatedly obstructed, kicked off and violated the basic principles of a civilized Government of honouring verdict of the judiciary, Executive abiding by such verdict.

j) All these atrocities that took place against the ‘Judgment Creditor’, when the final decision of his civil lawsuit on an apartment tower, was due to be announced by the Legal Court of Abu Dhabi, UAE. As the petitioner of existing civil lawsuit, the ‘Judgment Creditor’ had already received an Interim Judgment from the Hon’ ble Court in his favour.

k)  Worst still, even after the Appellate Court affirming the decision of the trial Court, entitling the ‘Judgment Creditor’ to be set at liberty and receive back all assets deprived, and other rights and privileges restored, the ‘Head’ of Abu Dhabi, UAE, fraudulently ordered the deportation of the ‘Judgment Creditor’ from UAE instead, with only his ‘wearing apparel’, to be back in India.

l)  He had built up in Abu Dhabi a group of businesses of Engineering, Trading & Contracting and assets worth US$100 million way back in 1995. He lost all his investments and business assets as an aftermath of his illegal deportation.

m)  Refusal of the government of India, the Ministry of External Affairs (MEA), to consider the representations of the ‘Judgment Creditor’ detailing the patent violation of Human Rights by the UAE, despite 4 consecutive Judgments from the UAE Courts, and 2 other Judgments from the High Court of Delhi after approaching the Hon. Supreme Court of India.

n) The ‘Judgment Creditor’ is still under arbitrary detention in various forms, denying his property, fundamental rights and grossly offending the values of his human dignity for the last 21 years that followed.

There cannot be any doubt or dispute about the averments of the ‘Judgment Creditor’, all the claims he had made, as they are fully supported by the orders of Courts both India and UAE, and the official documents of the governments of India UAE.

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 there-from. The ‘successor governments’ also remain bound by the acts incurred by the ‘predecessor governments’.

The evidence is supplemented and corroborated by other documents produced hereunder and enumerated to the sake of convenience.

READ FULL TEXT  ‘MULTI-BILLION DOLLAR UAE JUDGMENT’ FOR SALE’
http://www.judgmentforsale.com/articles/multi-billion-dollar-uae-judgment-for-sale/

END NOTE

The State practice of International Law in India, no doubt, is purely based on vote-bank politics and not for the administration of justice. The India-US row in 2013-14 over the arrest of Deputy consul-general Devyani Khobragade, who was indicted for visa fraud in New York (who also blatantly violated the Indian passport act), has revealed this dirty secret.

Nevertheless, no justification whatsoever can exist for India’s erroneous inaction for more than two decades for such lapses. And those Judgments remain unexecuted even after 21 years of their signing by the Abu Dhabi judiciary, UAE, perhaps a unique phenomenon, most eligible to be recorded in Guinness Book!

Promoted by: ‘Alliance Judgment Recovery’

In support of:
Legal Cell; Lawyers India; Reparation Law; Judgment Creditor
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https://www.Facebook.com/JudgmentForSale/
https://www.Facebook.com/ReparationLaw/
https://www.Facebook.com/RTIorders/
https://www.Twitter.com/JudgmentForSale/
https://www.Twitter.com/RepublicDay2017/
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GLOBAL CAMPAIGN!

“Twenty one years of arbitrary detention in various forms by the UAE administration, denying fundamental rights and grossly offending the values of human dignity”. 

IN THE UAE, “FIRST THEY CAME FOR THE INDIANS”

• First they came for the Indians, I remained silent – I was not an Indian;
  Then they came for the Europeans, I remained silent – I was not a European;
  Then they came for the Americans, I remained silent – I was not an American;
  Then they came for the Emiratis, I remained silent – I was not an Emirati;
  Then they came for the Qataris, I remained silent – I was not a Qatari;
  Then they came for me – and there was no one left to speak out for me.

Link To Global Campaign

• ‘The Shameful Acts of The Ministry of External Affairs (MEA), The Government of India’
• ‘The Shocking History of ‘Al Wathba’ Central Prison, Abu Dhabi and a ‘Culture of Deception & Secrecy’
• India’s Extradition Treaty With United Arab Emirates (UAE), The Worst Human Rights Abusers! – ‘A Flashback & The Recognition of Representation-1997′
• UAE Fraud: In the instant case, the Emir, the de facto ruler of Abu Dhabi, UAE, played a full-length drama of cowardice. It remains a global shame for the law abiding citizens!
• Observe the ‘Republic Day of India 2017′ as ‘Black Day’ in Protest Against the Decision of the Government of India to Invite the ‘Crown Prince of Abu Dhabi’ as the Chief Guest of the Day!

Link To Articles

May 22, 2017 New Delhi. [First Published In ‘Airlines India’]

The Shocking History of ‘Al Wathba’ Central Prison, Abu Dhabi and a ‘Culture of Deception & Secrecy’

THE SHOCKING HISTORY OF ‘AL WATHBA’ CENTRAL PRISON, ABU DHABI AND A ‘CULTURE OF DECEPTION & SECRECY’

The article about Al Wathba Central Prison, Abu Dhabi, appeared sometime back in the Nationalae, [a government-owned English-language newspaper published in Abu Dhabi] exposed just a little bit of truth and full of lies of the most notorious prison in Abu Dhabi, UAE. The author of the article was not in a position to reveal the facts about the cruelties and brutal conditions once existed there, and the changes that have taken place to respect the Human Rights.

This ‘Judgment Creditor’, an Indian investor, was arbitrarily detained at Al Wathba Prison, in order to withdraw a civil lawsuit in his favour in 1995 – 96. His opponents were not ordinary criminals, they were the ‘custodians of the law’ and the de facto ruler of the Abu Dhabi, UAE. Despite his holding 4 consecutive Judgments absolutely in his favour from Abu Dhabi Courts including the Supreme Court, he was deported by them to save face further to escape from the Court ordered reparations.

On reaching India, he took up his case [the non-execution of the 'Court Judgments including the Investigation Orders' against the Abu Dhabi Police and beyond], along with the pleas and sufferings of hundreds of Al-Wathba prisoners to the United Nations, International NGO’s including the media.

Dear readers are requested to go through (please do) the materials and documents furnished herein below and realize the type of torture and ill-treatments that were given in those days to the inmates at Al Wathba Central Prison, Abu Dhabi.

THE SITUATION IN ‘CENTRAL PRISON, AL WATHBA, ABU DHABI, UAE’ IN 1995 – 1996 – AS SEEN BY THE JUDGMENT CREDITOR:-

The Wathba Central prison was overcrowded with more than three thousand prisoners, mostly Indian nationals. In scorching heat of the desert, within concrete cages, prisoners were made to live in inhuman conditions without the basic necessities of life. Not even a fan was provided in those concrete cages.

Hundreds of ‘prisoners’ rotting in different blocks who have lost their mental balance and the ability to lead a normal life once they are released. Visiting dignitaries were led through separate corridors of the prison where there is discipline and respect for law.

ONLY ROTTEN AND SPOILED FOOD WERE GIVEN TO THE PRISONERS:-

The food was most unpalatable and unhygienic. Prisoners sustain their life with fermented camel meat and wormy food-grains and clamoured there for a glass of cold water in the hot summer days.

Many prisoners were dumped in the corridors and pinning for a little cool breeze. Even a breath of fresh air was a precious boon for them! The heartening fact is that many innocents are made to languish here under the banner of criminals which cast a stigma on them for life.

IT’S REALLY USEFUL FOR THE RESEARCHERS IF THEY READ THE CONTENT OF LINKS GIVEN BELOW:

1) The Whistle blower (‘Judgment Creditor’) who reported revelations about Abu Dhabi prison conditions – (Press Release November, 1996)
http://www.judgmentforsale.com/publish/my-prison-life-al-wathba-abu-chabi.pdf

2) Letter to the ‘Judgment Creditor’ from the Office of United Nations High Commissioner for Human Rights, Geneva – 26 December, 1996
http://www.uaeleaks.com/united_nations_office_geneva_1997.html

3) The letters of appreciations to the ‘Judgment Creditor’, in the progress of prison conditions by his ex-inmates Al Wathba, Abu Dhabi.

(a) George Titus Valliazham, Block 6, Al Wathba, Abu Dhabi.
http://www.judgmentforsale.com/al_wathba_central_prison_abudhabi_uae_censored_letters.html#George

(b) Abdulla Khoori, Block 3, Al Wathba, Abu Dhabi.
http://www.judgmentforsale.com/al_wathba_central_prison_abudhabi_uae_censored_letters.html#Khoori

4) Article published in The Sunday Pioneer, Delhi, May 17, 1998
http://www.judgmentforsale.com/publish/al-wathba-prison-united-arab-emirates.pdf

5) Article By the National ae., the culture of deception and secrecy
http://www.thenational.ae/uae/courts/20140621/revealed-what-lifes-really-like-inside-a-prison-in-abu-dhabi

‘Alliance Judgment Recovery’ Launches Global Campaign to Expose the UAE fraudster(s) and its counterparts in India, the Ministry of External Affairs (MEA), the Government of India, who fooled the whole world for the last two decades, in this case.

“Twenty one years of arbitrary detention in various forms by the UAE administration, denying fundamental rights and grossly offending the values of human dignity”.

The UAE has so far failed to recognize and protect the rights to justice despite 4 consecutive judgments in absolute in favour of an Indian investor, the ‘Judgment Creditor’. He was denied dignity, respect, his freedom and access to his business assets spread over three establishments in Abu Dhabi, UAE from 1995. All that pending is the ‘execution of those Judgements, solely due to the inhuman approach of the concerned authorities representing both India and UAE.

The State practice of International Law in India is purely based on vote-bank politics. No justification can exist for ignoring such an extreme violations of Human Rights. ‘Full Text’

‘Judgment For Sale’ is a global 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 honouring 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.

Promoted by: ‘Alliance Judgment Recovery’

In support of:
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Global Campaigns

• The ‘UAE Ruler’ is a ‘fugitive from justice’ in legal term. The Government of India also helped him remain a ‘Fugitive Debtor’ all these years!

Link To Global Campaign

• India’s Extradition Treaty With United Arab Emirates (UAE), The Worst Human Rights Abusers! – ‘A Flashback & The Recognition of Representation-1997′

• UAE Fraud: In the instant case, the Emir, the de facto ruler of Abu Dhabi, UAE, played a full-length drama of cowardice. It remains a global shame for the law abiding citizens!

• Observe the ‘Republic Day of India 2017′ as ‘Black Day’ in Protest Against the Decision of the Government of India to Invite the ‘Crown Prince of Abu Dhabi’ as the Chief Guest of the Day!

Link To Articles

• 1) Multi Billion Dollar UAE Judgments’ For Sale’
• 2) ‘Judgment Creditor Booklet to Enforce UAE Judgments’
• 3) “Marking the 20th Anniversary of the Abu Dhabi Police-Looting”
• 4) Unique is the Case of ‘Judgment Creditor’ – “The White Paper“
• 5) “The Worst Cheating Scandal of Abu Dhabi, United Arab Emirates”
• 6) Real-life ‘Judgment Fraud’ by the UAE Administration Uncovered!
• 7) Khobragade Scandal sheds new light on India’s ‘Rotten Diplomacy’!
• 8) Truth and Justice are being nakedly sacrificed for “UAE Reputation”
• 9) The legacy of torture in the UAE; you may have never heard of!
• 10) India’s “National Shame”, the Ministry of External Affairs (MEA)!
• 11) Representation to Government of India for ‘Indo-Gulf Reparation Mechanisms’
• 12) Representation – Years of Human Rights Abuses in the GCC Member States!
• 13) Serious Breaches of Obligations Under Peremptory Norms of the UAE Law!
• 14) Representation to Government of India on ‘India-UAE Extradition Treaty 1997′!
• 15) First Human Rights Learning Centre in the History of United Arab Emirates (UAE)
• 16) What Man, Defy the Devil; Save Mankind from Dictators!
• 17) Reparation Law
• 18) Publications
• 19) Archives

VISIT ARCHIVES:-
Judgments and documents relating to ‘Judgment Creditor’

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‘Judgment Creditor’s Booklet to Enforce the UAE Judgment Debts’
Monday 21 December, 2015  New Delhi  [Reparation Law News] Download ‘Authentic Copy (PDF: 925 kb)

“The enforcement of UAE Judgment is stressful but ultimately very rewarding”!

The ‘Judgment Creditor’   Unveils Country’s First Judgment Equity Funds: A Portfolio of UAE Judgments worth multi-billion US$ Dollars now on sale in equities. The Judgment Debtor 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)’, and the assurance of gains is based on this very threshold!

The ‘Decree Holder’, who was put to suffer physical, emotional and financial harm as a direct result of heinous crimes committed by the ‘Executive Branch of Abu Dhabi’, UAE, despite repeated ‘Decrees’ of the Highest Courts, now selling the Portfolios of UAE Debts. You can be the ‘Holder of Decree’ or  a Creditor representing the ‘Decree holder’ (Judgment Creditor), at your place.  “Avail this unique opportunity to secure your profit which jumps 5 to 10-folds and, simultaneously, become a ‘volunteer’ for the principles of Equity and Social Justice”.

“SPECIAL ‘ANNIVERSARY OFFERS’ FOR A LIMITED TIME ONLY”
The UAE Judgment Equities (UAE Debts) has been guaranteed five times more value
on your investments even if the ‘Debtors’ settle it within the first week of your joining! ‘…Brochure’

The enforcement of UAE Judgment is stressful but ultimately very rewarding!

[“A creditor is worse than a slave-owner,” Victor Hugo once wrote. “For the master only owns your person, but a creditor owns your dignity, and can command it."]
There are diabolical debtors who hide Judicial decisions, commit fraud or other heinous acts to avoid honouring their obligations under the judgments. The enforcement process, therefore, becomes time consuming, expensive and stressful. Whatever the reason may be, the UAE Judgment debtor(s) will stand as the fiscally responsible party until the Court Judgment is satisfied. His responsibility to do so will pass on to his successor-in-office; the successor regime is obliged to compensate the victim of state wrongs.

In the instant case, the ‘Defaulter-Judgment debtor(s)’  can be legally proceeded against. Besides, the Judgment Creditor is entitled to ‘Mortgage’ his Judgment; the Debtor’s assets could be seized and sold to satisfy the debts. The Judgment Creditor is also legally eligible to transfer his Judgment, part or whole.

Feedback: “We are shocked at the incredible extent of inhuman cruelty against which the whole world should wake up. Your account should get wider publicity, so that larger number of people would become aware of such denial human rights”. … ‘Full Text’

HAVE YOU EVER HEARD OF A CASE LIKE THIS?

A true story of ‘outright fraud’ perpetrated by a wealthiest ruling regime of the world, Abu Dhabi, United Arab Emirates (UAE)
Getting a Judgment in a civil lawsuit means the ‘Decree holder’ is then entitled to recover the money and damages from the debtor. But in this unique and historic case that arose in Abu Dhabi, the ‘Emirati debtor’ , who took it as a revenge, trespassed into the office of the ‘Decree holder’ along with his accomplice, a ‘Policeman’ in plain clothes, who held a heavy iron rod of one meter length in one hand and on the other hand a chained handcuff; with which the Decree holder was beaten up in cold blood and a well-planned looting and extortion was forced up on.

The policeman forcibly broke open the office locker with the iron rod in his hand and looted US$.4m worth money and valuables. The Decree holder locked the door and called the police for protection. The police did come, but instead of protecting him from the trespassers, they joined hands with them and the Decree holder was attacked further, shackled, brutally tortured and was literally dragged out of his office and taken to secret ‘detention centre’ . The Decree Holder who was the ‘complainant’ in the civil lawsuit in a ‘Real Estate Deal’ of a nine storeyed building against the said ‘Emirati debtor’, involving above USD 3,00,000.00 Per Annum (INR 2 Crores), way back in the year 1995, had been blackmailed, treated as a ‘criminal’ and was beaten near-death.

The ‘Decree holder’ became unconscious and soon thereafter he was taken to hospital-emergency, Abu Dhabi. He was subjected to the greatest ordeals by being taken from hospital to an ‘underground lock-up’ and kept  incommunicado in solitary confinement. The victim was later taken to central prison at Al Wathba, Abu Dhabi. It took a long period of six months for the person to have his first appearance in the Court. The victim was implicated for ‘using force against Government employee and assault’.

The criminal court found that the case was fully false and fabricated, therefore, the Court ordered the Prosecution to investigate the crime committed by the policemen and the local. Instead of investigating the crime, the Prosecution went to appeal. When the Apex Court of Abu Dhabi, comprising a three-judge panel, ordered the immediate release of the victim from prison, all of them dropped the charges they had deliberately made against the victim, the ‘Decree holder’.

The Court ordered the state authority to prosecute both the policemen and the local Emirati and to restore the victim’s dignity and to compensate him for all his losses. “The Court, the three-judge supreme bench, praised the appropriate conduct and courage of the victim in their ‘Landmark Judgment’ and concluded that the victim is innocent; rather ‘a martyr.

Even though the Juries in different Courts of Abu Dhabi, had taken a series of decisions in this case, in absolute terms in favour of the victim, strangely enough, none of those Court Orders were executed by the UAE authority. Instead of rightly accepting the blame for the gross misconduct of their Policemen and also the Prosecution, the ‘State authority issued an ‘extremely fraudulent order’ to expel the ‘Decree holder’ from their country, as if he had been punished for a crime. The ‘Decree holder’, the then holder of ‘four consecutive Judgments’ in absolute terms in his favour, therefore, was deported from the UAE, that too at highest risk of being multiplied victimization.

‘Such a punishable fraud of misrepresenting the facts perpetrated by the UAE authority, for deporting the ‘Judgment Creditor’, who was an Indian investor with ‘three valid trade licenses’ of well established and profitable ‘General Contracting and Trading Firms’ under his full ownership in Abu Dhabi’ (The assets of which were valued a minimum One Hundred Million US$ Dollars at the time of his mishap in Abu Dhabi), resulting in total destruction of his life, his businesses and his profession, adds inescapable burden on the ‘Wilful Defaulters’  of Abu Dhabi, UAE.

Back in India, consequent on the gravest cruelties and injustices meted out to him in Abu Dhabi, UAE, it was the primary duty of the ‘Government of India’ to protect the ‘Judgment Creditor’, his dignity and justice; and to help the victims of many other forms in a similar situation in that country. Unfortunately, this historic case of a Non-resident Indian-investor had been buried in the darkness for two decades by the Indian authorities, despite repeated representations and two specific Judgments from Delhi High Court in 1997 & 2007 respectively which were filed by the ‘Judgment Creditor’ as directed by the Supreme Court of India.

It was the statutory obligation of Government of India to take all necessary measures as instructed by the High Court of Delhi as early in the year of 1997 in order to enforce the valid Legal Judgments, passed by the Supreme Court of Abu Dhabi, UAE. “The subject who has suffered the injury is not the individual person but the State itself”; as explained by ‘Professor Theo van Boven’ (1934-1983).

The sending state, Government of India, is solely responsible for the act or omission that violates the ‘Vienna Convention on Consular Relations (VCCR) 1963’ particularly Article 5, enforced from 19-3-1967.

“The foreign State, UAE, was bound to provide appropriate reliefs to the ‘Judgment Creditor’, whose ‘Constitutional Rights’ have been blatantly violated in the first place by Abu Dhabi police to extort money and valuables.

The UAE authorities were further bound to provide proper remedies for the repeated victimizations which the ‘Judgment Creditor’ was forced to suffer as a consequence of the unique and the most barbaric, ‘fraudulent misrepresentation’ perpetrated by the executive branch to ‘deport’ him from that country. It has resulted in the colossal losses of billions of US$ Dollars to the Judgment Creditor’s various business institutions in the UAE, apart from the consequences of his physical and psychological trauma, the emotional pain and ‘sufferings’ which forced him to live a lost life for all the years that followed”.

Get the full story behind ‘Abu Dhabi Police Looting’ at CNN: “Marking the 20th Anniversary of the ‘Abu Dhabi Police-Looting’ in Abu Dhabi, United Arab Emirates”

‘Indo-Gulf Reparation Mechanisms’

The accumulated ‘case histories of injustices’ received by the ‘Overseas Indians’ Legal Cell (Est.1996)’ from different quarters of Arab Gulf, forced the ‘Judgment Creditor’ to endeavour towards formulation and implementation of the ‘Mutual Human Rights Law and Reparation Mechanisms’ between the Government of India and the Gulf (Gulf Cooperation Council – GCC) countries, mandating our elected representatives and officials to effectively intervene in eliminating discrimination and imbalances of ‘Indian Diaspora’ working in different countries.

The enforcement of Judgments and legal remedies is a fundamental element of the rule of law which is an integral part of ‘Indo-Gulf Reparation’ Movement; this also involves the recognition and protection of the dignity of individuals. The mandate of the UN General Assembly resolution ‘A/RES/60/147’ reads the ‘States should ensure that their domestic law is consistent with their international legal obligations’.

The regional inter-Governmental Human Rights Mechanisms of ‘American States’ signed with its neighbouring countries in 1948, the ‘Council of Europe’ adopted it in 1950, and the similar ‘Charter in Africa’ adopted in 1987, are prominent illustrations of the expanding vistas of Human Rights. This constitutional approach basically protects them from all forms of exploitation and social injustices from foreign States even outside the Charter.

It’s a ‘shameful fact’ that similar arrangements haven’t even been conceived yet by the Government of India. As a result, the Indian expatriates are exposed to the extreme degree of Human Rights Violations in the Arab Gulf. Once the ‘Charter’  is implemented, millions of ‘Indian Diaspora’ and their families will be the primary beneficiaries of ‘Indo-Gulf Reparation Mechanisms’ .

The preface of ‘Indo-Gulf Reparations’ Booklet’ was written by the late ‘Hon’ble Mr. Justice V.R. Krishna Iyer’ (a renowned Jurist and former Judge of the Supreme Court of India), and the covering letter was written by ‘Mr. K. Sukumaran’ , a former Judge of the High Courts of Kerala and Bombay, who pleaded for the ‘Judgment Creditor’ before the Supreme Court and the High Court of Delhi. Link: ‘Indo-Gulf Reparation Mechanisms’ .

HERE WE TAKE A LOOK AT WHAT’S THE LEGAL POINTS OF INTEREST:

“The Doctrine of State Immunity”

In a landmark case, the ‘secret’ wife of the late King of Saudi Arabia has won the right to sue his son and Saudi prince for breaching a contract. The king’s son, argued he had “state immunity” and the court had no jurisdiction to try Mrs Harb’s claim. But Mrs Justice Rose, the High Court of England and Wales, threw out the prince’s argument, confirming that personal immunity ceases when a head of State is no longer in office for any reason. Link: ‘U.K. High Court Judgment’

“Decree Holders Entitled to Enjoy Fruits of the Decree Expeditiously” -
Says Supreme Court of India !

A three-judge bench of the Supreme Court of India has observed that Decree Holders must enjoy the fruits of the decree obtained by them in an expeditious manner. The Bench, speaking through Justice Dave, has noted the unscrupulous tactics used by Judgment Debtors to evade the process of law and eventually frustrate the entire efforts of a Decree Holder in getting the decree executed. Link: ‘Supreme Court Judgment’

“How does fraud affect a victim? ‘The impact of fraud on victims’ -
Supreme Court of India

The term “Fraud” has been clearly analyzed and adjudged by the highest Judiciary of India. The Supreme Court reiterated that ‘fraud vitiates all’ and also the age old saying ‘Fraud avoids all judicial acts ecclesiastical or temporal’. Fraud is an act of deliberate deception with a design to secure something, which is otherwise not due. The expression “fraud” involves two elements, deceit and injury to the person deceived. It is a cheating intended to get an advantage. Link: ‘Supreme Court Judgment’

[Cartoon: Ahmed Abdulla Abdul Khadir, a policeman from Abu Dhabi Police in plain clothes, is seen here, amidst the shameful looting operation”]

“Marking the 20th Anniversary of the ‘Abu Dhabi Police-Looting’ in Abu Dhabi, United Arab Emirates”
Abu Dhabi: Shop burgled by a policeman in plain clothes, US$ .4m worth money and valuables looted!

Statement on the occasion of the 20th Anniversary of Abu Dhabi Police-Looting in Abu Dhabi, UAE 1995 – 2015
New Delhi 15 August, 2015: ‘Reparation Law’
‘Download the true story of ‘Abu Dhabi Police-Looting in Abu Dhabi’ in PDF (Size: 415 kb)’ [Cartoon: Ahmed Abdulla Abdul Khadir, a policeman from Abu Dhabi Police in plain clothes, is seen here, amidst the shameful looting operation”. – The Apex Court of Abu Dhabi Case N0.188/1996. Also view his ‘companion Emirati landlord’, published in another Journal.]

Ever heard of a victim marking and celebrating the 20th anniversary of the gravest disaster in his life? It’s the tragic drama of the ‘Judgment Creditor’, in real life.  He is not celebrating it with cheers, but with agonizing memories of the nightmare of the disaster which shattered all his fortunes and pushed him to a state of complete derailment of his enviable physical, mental, financial and social well-being; and made him to live a lost life for all the years that followed.

Regrettably, the credit goes to ‘the Executive Branch of Abu Dhabi’, who set ablaze the destruction, by issuing an extremely “Fraudulent Misrepresentation” to deport the ‘Judgment Creditor’ from that country. Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false; allows for a remedy of damages and rescission. Had the judicious judgment of the Apex Court of Abu Dhabi in absolute terms in favour of the Judgment Creditor been executed in time, his agonies could have been abated two decades back!.

The apparent inaction by ‘the Government of India’, despite the specific directives and orders of the Delhi High Court, and the serious failures and inadequacies to comply with statutory obligations on the part of ‘the Ministry of External Affairs (MEA)’ has also to be blamed in this regard.

The victim, the ‘Judgment Creditor’ was an investor in Abu Dhabi, his ‘Business Assets’, contracting and trading firms, stood valued at a minimum of One Hundred Million U.S. Dollars when the dreadful tragedy took place at the prime of his life. The ‘Judgment Creditor’ is forced to mark this twentieth anniversary of  ‘Looting and Extortion’ by the Abu Dhabi police, in Abu Dhabi, United Arab Emirates (UAE), due to the Non-execution of the country’s ‘Landmark Judgments’.

Read the shocking story of police looting, the bizarre twist in the case of police extortion in Abu Dhabi, United Arab Emirates (U.A.E)

“Shop burgled by Abu Dhabi police in plain clothes, US$ .4m worth money and valuables looted” – a real-life story:
Abu Dhabi, UAE; Thursday 26th October, 1995

The expatriates being robbed of their wealth and valuables and exploited by local people pretending to be cops is not at all sensational news in the UAE. But in this true incident under report which took place on Thursday, 26th October, 1995 the policeman who played the lead role in looting was ‘a real police officer who was working in Abu Dhabi police department’.

The victim, in the incident was a high earning engineering expert and investor, deeply committed to his profession with his three major business establishments including ‘Engineering, Contracting and Trading’ in Abu Dhabi, UAE.

A brief background of the story
On behalf of his principal company, the ‘Premier General Contracting Establishment’, the contractor had signed a business contract with an Emirati, ‘Mr Hassan Saeed Hassan’, covering a Nine Storied Building proposed to be leased out for a sum of 10,80,000.00 UAE Dirhams (AED 1.08million) Per Annum.

When a dispute arose with Mr Hassan Saeed, the contractor, on the basis of legal advice, instituted a Civil Suit in Abu Dhabi Court for settling the issue. The ill-intention of the local was that, he wanted to cancel the lease deed when the restoration of entire building was over. The conspiracy on the part of Hassan Saeed, to avoid paying debts was one of the important and thrusting points in the civil suit.

The Honourable Judge of the Civil Court took a decision in favour of the contractor. Consequently, Hassan Saeed got annoyed and insisted the contractor to withdraw the lawsuit unilaterally.

Scene 1.
Ahmed Abdulla Abdul Khadir, a policeman in plain clothes from Abu Dhabi police (who haven’t been disclosed his identity), along with Hassan Saeed Hassan (the  Emirati, accused in the civil case, who has already been warned by the Civil Court against his wrongful motives) came to the contractor’s office.

The policeman in plain clothes, who had come prepared and was shouting and rotating an iron rod of one meter length in one hand; and on the other, a chained handcuff. Hassan Saeed was walking close to him. They have entered the first floor of the office where the contractor was alone at the time.

The policeman enquired about the original documents of the building contract and job orders between Hassan Saeed and the contractor which the contractor refused to disclose.

Scene 2.
The contractor was threatened with dire consequences unless he withdrew the lawsuit. The contractor was not willing to yield to such illegal and unjust demand, which amounted to extortion.

There upon, the contractor was subjected to the most inhuman treatment with painful physical injuries and otherwise.

They wanted to grab and destroy the related documents of the  contract from him by force because an ‘Interim Order’ of the Court was against Hassan Saeed. In this attempt, the entire office was ransacked, drawers opened, files thrown.

The telephone connection in the office was snapped. The policeman in civil dress beat the contractor harshly with a chained handcuff; the chain was rounded on victim’s neck and pulled around. He paid no heed to the humble requests of the victim.

The policeman forcefully broke open the office locker with the heavy iron rod in his hand. At this juncture, some of the cash, worth above AED 3,50,000 which was kept for the distribution of wages for employees was found by them.

Scene 3.
So much of money! The policeman’s eyes bulged out in wonder. He looked at his Emirati friend as if he never expected there’s such a large amount of money. The currency blurred their eyes. All in a hurry, both of them grabbed the bunches of currency, and hurriedly stuffed into their pockets. In their hurry and perplexity, part of the currencies spilled over the floor of the cabin.

In the meantime, the contractor’s younger brother arrived at the office with lunch. As he arrived the contractor asked him “to close the door and call the police”. The policeman in plain clothes managed to get out of the office with the stolen money and bundled documents.

The Emirati too tried to escape from the office of the contractor, with his hands and pockets full, protruding with the stolen money and valuables; however, he was unable to leave.

Scene 4.
The Policeman in civil dress was standing outside the office which remained closed. A crowd had gathered around the office. He was holding an iron rod of one meter length in his hand with which he was hitting the door of the office and warning any one from coming near the office and was shouting Indian, Pakistani, Bangali all are thieves and procurers.

At this point of time police patrol team arrived at the spot. They were, in fact, allies of the intruders. This batch of policemen who came responding to the alert of the contractor, immediately hit the contractor and his brother. Their faces had reflections of triumph and cruelty. They were like ferocious animals, beaten both the victims brutally, almost near to death. Then they handcuffed them behind their backs and dragged them out of the office, on through the street, and kicked them into the police car. All these brutal torture and humiliations were happening in front of a large crowd.

The frightening  deadly torture continued with shocking brutality throughout the journey as well as in a detention centre and subsequently getting admitted as an unconscious victim to the hospital emergency, Abu Dhabi.

Scene 5. (UAE Torture)
Here is a narration of the haunting memories and the cruel and inhuman torture suffered by the victim, in his own painful words:

“There were four persons present (in plain clothes) when they tortured me in an underground detention centre. I was forced to lay down on the floor by them. My face was close to the floor and my hands still cuffed behind my back. They took out their Arabic turban and rolled it on my entire head and left me to suffocate; then started hitting and kicking on my head with their legs. And then they tried to pull-out my injured finger nails with a plier type nail clipper. Due to this cruel and painful torture, my finger nail were entirely torn apart”. (Full Text: UAE Police Torture’)

[The above narration is not exhaustive but only a pointer to untold miseries, losses, sufferings; the haunting memories of the ‘cruel and inhuman torture’ and social humiliation suffered by the victim; the ‘Judgment Creditor’.  He had to undergo extremes of inhuman and deadly tortures from Abu Dhabi Police which no human being could withstand. However, he was spared from death.  For more details and updates, please visit the website URL: www.JudgmentCreditor.com/]

Judgments & Orders:

The Legal Court of First Instance of Abu Dhabi :-
It took six months thereafter, for the contractor to have his first appearance in Court. The ‘Duty and Responsibility’ of the authority to protect a Judgment Creditor against the threats of violence was left unattended. The victim was framed a false case, alleging “Using force against Government employee and assault”.

The Legal Court of First Instance of Abu Dhabi found that the victim was innocent, the case (NO. 152/1996) was wholly false, baseless and that it was fabricated by both the plaintiffs, Hassan Saeed Hassan and Ahmed Abdulla Abdul Khadir, the policeman. The Court found that, the Prosecutor was guilty of proceeding against the contractor, who in fact, was a victim of police brutality. The Court acquitted the contractor [and his brother as well] of all the charges levelled against them and directed the authorities to investigate the violent crimes committed by the Policemen and the Landlord such as trespassing, physical aggression, looting etc. (Judgment First Instance 152/1996 dated 10/4/1996)

[The 'Judgment of the Legal Court of First Instance' has never been executed or investigated; instead the authorities were trying their best to hide the shameful act of the police. The prosecution taken-up the case to the Apex Court, the Supreme Court of Abu Dhabi, UAE].

The Apex Court of Abu Dhabi:-
The case came up before the Apex Court, comprising the three-judge panel. The prosecution found to be grossly negligent and blamed for its criminal involvement in the case. The contractor was granted bail on the filing of the appeal. However, despite the bail and sureties he was not released from the prison.

During the next hearing, the Policeman dropped his claim from his complaint with a declaration attested by the Notary Public.  The landlord, Hassan Saeed followed the suit and admitted his guiltiness. The judges threw out all those papers and had cautioned them of the serious nature of their crime which calls for long term of imprisonment apart from financial penalties and confiscations.

“The Court praised the properness of the behaviour and courage of the victim and concluded that the victim is innocent; rather ‘a martyr.  The appellate review highlighted the culpability of the policeman and emphasized the notoriety of his actions and violations of person’s rights. “It further   reiterated the condemnation of prosecutor”.  The Court ordered immediate release of the victim, ‘restoration’ of victim’s dignity, respect and reminded about the roles and responsibilities of authority towards the victim for reparation for the losses he suffered while pronouncing a ‘Landmark Judgment’.

An excerpt from the 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).

“THE ‘LANDMARK JUDGMENTS’ IN THE HISTORY OF UAE”
Having due respect, inspiring loyalty and commitment to Law, the Judiciary of Abu Dhabi, listened to, conducted and decided upon the case precisely in tune with the various provisions prevailing in that country.  Download the Judgment:- (PDF Format)

VISIT ARCHIVES:-
Archive – Judgments and documents relating to ‘Jabir Case’

“FRAUDULENT MISREPRESENTATION”  - A DIRTY GAME OF THE ‘WILFUL DEFAULTERS’, THE EXECUTIVE BRANCH OF ABU DHABI, UAE!
Instead of honouring the Judgments of the Legal Court of First Instance and the Apex Court, the Supreme Court of Abu Dhabi, and restoring the dignity and respect of the victim as directed therein, ‘the UAE Administration’ chose to deport the victim with “Fraudulent Misrepresentation” of truthful facts, by repeating the same false charge, that a tricky policeman had framed against the Judgment Creditor to blackmail him, (which had been dismissed later on finding it to be false by both the Courts of that country). By quoting the very same false charge to deport the Judgment Creditor (who was also a victim of police brutality), the Executive Branch of Abu Dhabi has not only tarnished the image of UAE in indelible ink; but also made a mockery of the entire Judiciary of that country.

THE SCENARIO BACK HOME, IN INDIA
And back in India, what action was taken by the Government of India?
“Nothing, except a cruel and deliberate betrayal over the past two decades”.

In India, the ‘Legal fight for Justice’ took in very many proceedings before the Supreme Court of India and the High Court of Delhi. Unfortunately, India has not made any diplomatic efforts or given any respect to the orders of Delhi High Court in 1997 and 2007.

The concurring Judgments against Abu Dhabi police from the Highest Court of Abu Dhabi, United Arab Emirates and the ‘Concealment of the Judicial Decisions’ by the administration of that country, and to deport the ‘Judgment Creditor’, were un-challengeable F.I.R. against the Executive Branch of Abu Dhabi, who was duty-bound to compensate the victim in every respect for his physical and mental injury, illegal imprisonment and ill-health due to the near-to-death torture by policemen. In contrast there to, the illegal deportation resulted in the absolute loss of his various ‘Business Establishments’, and he was forced to live a lost life for all the years that followed.

AWAIT RELEASE!
“25 Smart Reasons to take the ‘UAE Judgment Execution Case’ to the International Court of Justice (ICJ)
The Government of India is duty bound to take all necessary measures to enforce the Judgments passed by the Supreme Court of Abu Dhabi, including approaching the International Court of Justice (ICJ) for the settlement of this unique and the most barbaric action perpetrated by the head of a civilized nation,  Abu Dhabi, United Arab Emirates, that caused ‘Multi-billion Dollars’ worth of damages to the Judgment Creditor’s business establishments. The ‘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. (‘Publications’)

Last updated 15th August, 2015.

RERERENCE LINKS:-

• 1) Unique is the case of ‘Judgment Creditor’ – White Paper
• 2) The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)
• 3) Real-life Judgment Fraud by the UAE Administration Uncovered!
• 4) Truth and Justice are being nakedly sacrificed for UAE’s Reputation
• 5) ‘Indo-Gulf Reparation Mechanisms’ – Responses, Govt of India
• 6) A Portfolio of UAE Judgments For Sale!
• 7) Articles on Diplomatic Protection 2006
• 8) The International Law
• 9) The Wilful Defaulters!
• 10) Reparation Law
• 11) Publications
• 12) Archives

Thanks Message to the ‘CNN’ for Publishing a Special Feature
Thank you so much for providing us a venue to publish this ‘Special Feature’.

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UAE: Ruthless crackdown on dissent exposes ‘ugly reality’ beneath façade of glitz and glamour

UAE: Ruthless crackdown on dissent exposes ‘ugly reality’ beneath facade of glitz and glamour
November 18, 2014 News, Amnesty International

UAE’s State-sponsored Terrorism & Funding for Coup in the Middle East

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Real-life ‘Judgment Fraud’ by the UAE Administration Uncovered!

The case of the victim emerged from manipulation of power by the UAE Administration. The subsequent fact that the judgment(s) had been pronounced long past and that its implementation was twisted by the culprits who have access to those in power. [Photograph: Lieutenant General Sheikh Saif Bin Zayed AlNahyan, the Minister of Interior, United Arab Emirates]

There may be countries in the world which delays justice on the basis of enforcing judgments. But the Abu Dhabi, United Arab Emirates (UAE), is the only place in the world as a ‘real-life examples of ‘Judgment Fraud’, to avoid honoring obligations!

“A story of frightening, inhuman and deadly tortures; the blatant violation of the law and the most shocking travesty of Constitution of the United Arab Emirates to which the victim was exposed to”.

A brief background of the case

The victim (hereinafter called “Petitioner”), in the case was a high earning engineering expert and investor from India with established contracting and trading businesses. He had a unique opportunity of observing the country for over 18 years. He had been an active participant in the developmental activities of that country. On 26th October 1995 the petitioner signed a lease agreement on behalf of his principal company, the ‘Premier General Contracting Est’., with a landlord, Mr. Hassan Saeed, 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 2,94,000.00) Per Annum, with condition to renew semi-annually.

Civil Suit against a local

The trouble started when the landlord wanted to wriggle out of the contract and was not willing to perform his obligations under the terms and conditions of the contract. The petitioner had already taken up essential renovations including painting, replacement of civil and electro-mechanical fittings that worth UAE Dirham 3 Lakhs. Meanwhile, the landlord had 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 the petitioner.

On the basis of legal advice, the petitioner instituted a Civil Suit 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 suit. An interim order was granted by Abu Dhabi Court of Justice in favour of the petitioner.

Though the petitioner had acted only as a law abiding citizen, and in accordance with legal advice secured in that behalf, and had only sought relief from a court of justice, the landlord took it as a personal affront and planned and executed violent and reckless revenge against the petitioner defying all legal provisions and principles of fair-play. He was claiming to be a close associate of the office 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.

The frightening, inhuman and deadly tortures to which the victim was exposed to: The petitioner had to undergo extremes of inhuman and deadly tortures from Abu Dhabi Police which no human being could withstand. However, he was spared from death.

The critical incident took place on Thursday, 26th October 1995, around noon when the landlord along with one of his accomplices made a forcible entry into the petitioner’s place, the petitioner was threatened to withdraw the Civil Suit. The petitioner could not yield to such illegal and unjust demands and therefore refused to accede. Reacting terribly to the situation by securing the help of ‘the extortion mafia working under Abu Dhabi Police’, they ransacked the entire office of the petitioner and robbed him of all cash and valuables. [A large quantities of money, worth UAE Dirham 3.5 Lakhs, was looted from the vault which was kept for the distribution of wages for employees]. The petitioner sought intervention from the police. The police did come, but instead of helping the petitioner, they started abusing him, beating and kicking, in a horrifyingly violent manner, using with hands, fists, legs and even (hands) with metal shackles.

The petitioner was shackled and literally dragged out of his office along the street to the Police vehicle, in the presence of known friends and bystanders.

He was then confined to a detention center where he was again brutally tortured. There was a policeman who shouted “We know how to teach Indians” and asked the petitioner to sign some documents. When the petitioner refused, they forced him to lay down on the floor, took out their Arabic turban and rolled it on petitioner’s entire head and started hitting and kicking on the head with their legs. Another in uniform pulled out his fingernail with a cutter.

Due to the heinous forms of torture, the petitioner’s finger nail was entirely torn apart. As a result, the petitioner became unconscious and soon thereafter he was taken to hospital-emergency, Abu Dhabi. Treatment was made without removing the shackles, hands cuffed behind the back. Over a dozen of X-rays were taken at the hospital of the different parts of his body.

Bizarre twist in the case of police extortion by duty officer of the rank of Captain, Abu Dhabi Police The duty and responsibility of the authority to protect the judgment creditor against the threats of violence was left unattended.

When those atrocities were being committed in the police station, the petitioner’s sponsor, Mr. Easa Ahmed met the duty officer of ‘Asma Police Station’, who is of Captain’s rank to enquire about the arrest of the petitioner. He was then told a concocted story that accused (the petitioner) had hit three of his police staff and an Emirati, and that one police official and the Emirati, the local man, was in a serious condition and admitted in the hospital and that, they were not permitted to allow him to see the accused (the petitioner).

After hearing such a story from a high ranking official, the sponsor did not pursue the matter, in view of the authoritarian methods prevalent in that country. Such (fake) stories have been repeated many times to others who approached to help petitioner. (A similar medical report submitted by them before the Criminal Court was proved false and subsequently rejected by the Abu Dhabi Court of Justice).

The petitioner 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 warned about the consequences if he will not withdraw the civil suit which was filed against the landlord. The dreadful agony and blackmailing was continued therein for 21 days and later the victim was taken to central prison at Al Wathba, Abu Dhabi.

Al Wathba Central Prison, Abu Dhabi

The Al Wathba Central Prison in Abu Dhabi was overcrowded with more than three thousand prisoners – three or four times larger than its actual holding capacity. In scorching heat of the desert, within concrete cages, prisoners were made to live in inhuman conditions without the basic amenities of life. Not even a fan had been provided in those concrete cages. Many prisoners were dumped in the corridors and pinning for a little cool breeze. Even a breath of fresh air was a precious boon!

The food was most unpalatable and unhygienic. Prisoners sustained their life with fermented camel meat and wormy food-grains and clamoured there for a glass of cold water in the hot summer days. The heartening fact is that many innocents are made to languish here under the banner of criminals which cast a stigma on them for life.

The Agony and Pain

Throughout the entire period of detention, the petitioner was subjected to all forms of humiliation, mental agony and unimaginable pain. Though the prison

with appealing exterior has been constructed, that remained only a show-piece for the police administration to parade before visiting personalities from the outside world. The petitioner, along with three thousand other prisoners in the central prison had been subjected to the most cruel torture and deprivation of basic amenities. [Link: The Prison-life of the Petitioner – ‘My Prison-life in Abu Dhaib']

Financial Losses

Torture and other cruel, inhuman treatment continued unabated at Al Wathba prison, Abu Dhabi. The petitioner was not allowed to communicate with anyone. The petitioner’s contracting and trading activities got stammered, causing heavy loss.

The petitioner suffered huge losses for non-communication and by not allowing him to have meeting with any person or to sign any paper with the outside world. This resulted in the cancellation of contracts and liability to pay damages to various departments, contractors, dealers and many and varied financial obligations. Since the petitioner was the prime operator of his Trading and Contracting establishments, his absence had its natural consequence of throwing the different works of the establishment out of gear.

Business Loss

All these resulted in the loss of physical assets, material damages, strategic resources, trust, reputation, loss of corporate identity; the goodwill, prestige, image, opportunities and social status, all painstakingly built by the petitioner over two decades of prime of his life were lost. A corporate identity established with due professional care and attention had been tarnished. The anguish resultant from the deprivation of his establishments, assets and reputation earned exclusively through the untiring personal efforts of the petitioner causes extreme mental depression which will virtually make his life only a vegetable existence. [Link: The details of Business Establishments in Abu Dhabi, owned by the petitioner]

A Long Journey To Court

The victim was brought to the court on 27 (Twenty Seven) occasions, dragged with shackles, manacled and cuffed on both hands and legs as if the victim is a dangerous criminal. Such inhuman treatment was inflicted even on women contrary to all injunctions of Islamic faith.

The prisoners look for the day when they are presented in Court as that is the only occasion when they could breathe fresh air and see the outside world and fellow human beings. The very process of journey to Court is an ordeal. The prisoners are informed about their production in Court only the previous day. Such prisoners who are to be produced before the Court are picked up from different prison cells. The process starts soon after midnight.

The 120 km. trip to the Court in an armoured truck and the return there from through desert in harsh hot weather, thus often become ordeals and created agonizing situations. Most of the prisoners fall sick for a long duration of about two weeks after every such Court trip.

Whenever a prisoner is taken out of the jail, they will be dragged with shackles, manacled and cuffed on both hands and legs. Such inhuman treatment is inflicted even on women contrary to all injunctions of Islamic faith. We had been handcuffed and legs placed in the painful grip of fetters on all twenty seven occasions when we were taken from prison to Court to face the trial, in an armoured covered truck. Although its capacity was 15 persons, about 50 persons were packed like salted fish making each one gasp for breath during the journey.

False Allegations against Petitioner The blatant violation of the law and the most shocking travesty of Constitution of the United Arab Emirates to which the victim was exposed to:

On 11/02/1996, after four months of arrest, a false case was registered against the petitioner under the case No. 152/1996 offenses, alleging “Using force against Government employee and assault”. Untold sufferings were also inflicted on the petitioner as an under-trial prisoner. The public prosecution demonstrated extraordinary misconduct in its investigation.

The petitioner was kept waiting all these days in a small and narrow room in the Court premises, along with other prisoners without any ventilation or so, but not called up for hearing. The witnesses of the petitioner and his counsels were present, but their depositions were also not recorded. This blocking of access to a Court of Justice also constitutes violation of Human Rights by the State itself. All these constitute the grossest and wanton violation of Human Rights.

It took six months thereafter, for the petitioner to have his first appearance in Court. The witnesses did not care the threat of State police and Public prosecution, and they dared to explain the facts. The Court listened to the evidences of eye-witnesses from different nationalities. 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.

On 10/4/1996 the innocence of the petitioner had been ultimately upheld by the Hon’ble Judge Mohammed Abdul Raheem Al Khoori, Judge of Abu Dhabi Legal Court of first instance, acquitted the petitioner of all the charges levelled against him in the presence of Mr. Mohammed Obaid Al Kabi, the Prosecuting attorney, and Mr. Abdul Fattah Sayed Ahmed, the secretary, under the case No. 152/1996, and directed the authorities to prosecute the policeman involved and also the plaintiff – for being guilty of deception.

The atrocities committed did not come to an end up there; the office of the Public Prosecutor, Abu Dhabi filed an appeal against the decree of the legal court of the first instance. On 18/04/1996 the appeal was set for hearing. The petitioner was granted bail on the filing of the appeal. However, despite the bail order and sureties, he was not released from the prison.

During the next hearing, the police officer, 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 17/3/1996. The landlord too declared that he had no case against the victim and accepted his attempt to create false evidence against the victim. 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 police officer.

On 19/5/1996 the eminent Jurists Panel of Apex Court of Abu Dhabi, under presidency of the Judge: Hon’ble Abdul Baqi Abdul Hakam, and the membership of the two other judges (1) Hon’ble Hasan Shareef Al Jafri (2) Hon’ble Mohammad AI Aboodi, upheld the finding of the Trial Court and commented adversely and strongly against the illegal and high- handed acts of the officials.

The Apex Court found that the victim 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 indicated the properness of the behavior of the victim, the accused. Some of these findings of fact are proof of violation of Human Rights and International Conventions”.

“It further reiterated the condemnation of prosecutor”. The appellate review highlighted the culpability of the policeman and emphasized the notoriety of his actions and violations of Human Rights.

The Court, therefore, ordered restoration of the victim’s dignity, and compensate him for all his losses while pronouncing a ‘Landmark Judgment’.

The Court having been convinced about the innocence of the petitioner quoted the Islamic Law that should be practiced by everyone following the Islam Religion. The Apex Court illustrated the petitioner as a ‘martyr’ in the Judgment and highlighted the intense miseries he went through.

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”.

A true copy of Arabic including English translation of ‘the Final Judgment’ is available here (Link: ‘Key excerpts from the summary of the judgment, Abu Dhabi Legal Courts‘)

Deportation Order of General Directorate Police, Abu Dhabi, UAE Real-life examples of judgment fraud, the way how the Ministry of Interior, United Arab Emirates (UAE), bypassing it’s Court Orders to avoid honoring obligations!

In the wake of the concurrent judicial findings of the Court, the victim should have been restored to his former status and position and adequately compensated for the mental agony and sufferings and pecuniary losses suffered by him. Unfortunately, the Abu Dhabi officials acted in total defiance of the findings and sentiments expressed by the judicial establishments of the country.

The petitioner was detained at further extent without the due respect of the law of the land. On 28-9-1996 by virtue of the administrative decision number 227/1996, the authority decided to deport the petitioner from the UAE in total disregard to the crucial legal position that the petitioner had a valid visa of a ‘sole investor’ and had his ‘own business’ establishments in the UAE. The petitioner was re-victimized in a manner that was extremely ‘libelous’ – by ‘false statement of facts as if he was punished for a crime’.

The deportation order was signed by one Captain Hamad Ahmed, then head of security affairs department, general directorate police of Abu Dhabi, UAE.

The petitioner was deported back to India in total negation of the law, virtually denying all the constitutional rights of that country. The constitution and union laws of the UAE were blatantly violated abridged as enshrined including the well-established principles of ‘International Laws and the Covenants’.

The deportation order reads: “Under the charge of applying force against a government employee ”which could instill fear and suspicion in the general public, associating or dealing with the petitioner. It caused a situation of re-victimization associated with great pain, loss of dignity, loss of the court ordered monetary compensation including his inability to recapture the past glory, which the victim could have achieved had the judgment of the Legal Courts of Abu Dhabi had been implemented in time.

The Apex Court had already found the claim against victim was fabricated. An excerpt of Judgment reads “All the evidence indicates to the appropriateness of his behavior”. “The court was ruled that, there is not a shred of evidence which can prove the accusation. On the contrary there was ample evidence that it was the policeman who assaulted the victim”.

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. The very concept of having an independent judiciary to protect the citizen from Executive excesses crumbles down by such an action on the part of Government officials.

The domestic law of the country permits recovery for reputational harm and economic losses flowing from the falsity of a defamatory statement. A true copy of ‘the Deportation Order, by ‘Captain Hamad Ahmed is available here (Link: ‘Deportation Order of General Directorate Police, Abu Dhabi, UAE’ Arabi & English)

‘No Entry & Cancellation of Residence Visa’ The official in the UAE was instrumental for cheating an Indian Investor, depriving him of his rightful benefits from a Portfolio of Judgments

of that country. The Judgment of the Apex Court of Abu Dhabi was worth hundreds of millions as compensation to restore the life of petitioner, his dignity and his business establishments.

The petitioner’s visa has been cancelled and has made an endorsement of ‘No Entry’ in his passport. There was no legality to cancel a valid residence permit of a rightful investor. The petitioner was not involved in any crime or any consequences that may ultimately call for his removal him from the UAE. The victim was a ‘judgment creditor’ and he was living in the UAE over the last 18 years and was a sole investor of a group of business establishments. The Emirate, Abu Dhabi, United Arab Emirates (UAE), is answerable vicariously and otherwise for all such violations of law.

The officials in the Ministry of Interior, UAE, not only cheated a Judgment Creditor but it also cheated the entire pillars of constitutional doctrine of that country. The Ministry of Interior, Abu Dhabi, UAE, also owe huge debts to the Judgment creditor, solely and exclusively responsible for the closure of ‘his various business establishments in Abu Dhabi, United Arab Emirates’.

‘Download full PDF article (Size: 295 KB)’

References

• ‘Oh, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial’
• The legacy of torture in the UAE; you may have never heard of!
• ‘India’s National shame’
• A Portfolio of UAE Judgments For Sale!
• UAE: Reports of systematic torture in jails
• The Promises and Perils of the UAE Constitution
• International Laws and the Covenants
• Photograph: Lieutenant General Sheikh Saif Bin ZayedAlNahyan, the Minister of Interior, UAE 
• Key excerpts from the summary of the judgment, Abu Dhabi LegalCourts 
• Judgment in Arabic (Final, Legal Court of Appeal) of Ministry of Justice, Abu Dhabi, UAE (View inArabic) 
• Judgment in English (Final, Legal Court of Appeal) of Ministry of Justice, Abu Dhabi, UAE(View in English) 

Coming Soon!

“The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)”

There may be many countries in the world which delays justice on the basis of enforcing judgments. But the Abu Dhabi, United Arab Emirates (UAE), is the only place in the world as a ‘real-life examples of judgment fraud, to avoid honoring its obligations! “We bet it’s the worst case of cheating you’ve ever heard from a civilized country or a member States of the United Nations”. [Feature: "The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)"] “Why Abu Dhabi, UAE, is the most fraudulent authoritarian state (Regime) in the world”?

“The world is too dangerous to live in, not because of the people who are evil, but because of the people who sit and let it happen.” [Feature: Why Abu Dhabi is the most fraudulent authoritarian state in the world?]

]]> https://www.judgmentforsale.com/blog/276/feed/ 0 https://www.judgmentforsale.com/blog/solidarity-with-uae-lawyers/ https://www.judgmentforsale.com/blog/solidarity-with-uae-lawyers/#comments Mon, 17 Feb 2014 14:41:42 +0000 http://www.judgmentforsale.com/blog/?p=264 Continue reading →]]> Solidarity with UAE lawyers
17 February 2014 ‘Law Gazette U.K’

Earlier this month, the UN special rapporteur on the independence of judges and lawyers, Gabriela Knaul, published the findings of her nine-day visit to the United Arab Emirates (UAE).

Knaul concluded that the UAE judiciary is under the ‘de facto’ control of the government; that lawyers are working without detailed understanding of a critical state security law that was enacted but never published; that lawyers are threatened, harassed, pressured and placed under surveillance by UAE authorities; and that evidence against defendants is ‘sometimes manipulated and fabricated by the police or other security agencies and the prosecution’.

Knaul also stated that there is ‘credible information and evidence’ that detainees are arrested without warrant, blindfolded, taken to unknown places, held incommunicado, sometimes for months, and tortured.

Among the cases that were brought to Knaul’s attention were the convictions last year of a number of lawyers on charges of ‘plotting to overthrow the state’ after an unfair trial marred by irregularities. Those convicted to lengthy sentences included former judges Ahmed al-Zaabi and Mohammed Saeed al-Abdouli, prominent human rights lawyers Dr Mohammed al-Mansoori and Dr Mohammed al-Roken, and their lawyer Salem al-Shehhi, who was arrested at the offices of the state security prosecutor where he sought information about his clients.

All were arbitrarily detained for months and complained of being tortured in detention, including through prolonged solitary confinement, physical beating and sleep deprivation.

Knaul was also prevented from visiting Qatari physician Mahmoud al-Jaidah in prison despite expressing grave concerns about torture and due process in his case. Dr al-Jaidah was arbitrarily detained for nine months in a secret prison in Abu Dhabi before he was charged. The verdict in his case will be announced on 3 March, although until now no fewer than three lawyers have ceased to represent him within days of being instructed and no lawyer has been permitted to visit him.

We stand in solidarity with the lawyers in the UAE and call upon the authorities to unconditionally release them and quash their convictions. The UAE must understand that its persecution of members of the legal profession and its manipulation of the judiciary have damaged its reputation more than the words and actions of any single dissident.

Nicholas Fluck, president of the Law Society; Professor Sara Chandler, chair of the Human Rights Committee of the Law Society; Kirsty Brimelow QC, chair of the Bar Human Rights Committee; and 37 others. ‘Law Gazette U.K’

Resource Links:

UN report says UAE judiciary under ‘de facto’ control of rulers, calls for torture probe

The U.N. Special Rapporteur on the independence of judges and lawyers Gabriela Knaul offer a rare look into the Gulf Emirates’ judicial system. She said she discovered credible claims of detainees who were held incommunicado for months, exposed to extreme temperatures, and sometimes electrocuted. ‘The U.N. Special Rapporteur Gabriela Knaul’