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    Date: 2016.10.19 | Category: Abu Dhabi Police-Looting, ADIA, Al-Jazeera, Arbitration, Authoritarianism, Brilliant Lawyers Wanted, Delhi High Court, Dictators, Diplomatic Protection, Etihad Airways, Extortion Abu Dhabi, Fraudulent Statements, Freedom of Expression, Human Rights, Human Rights Watch, India, India & UAE, Indian Diplomacy, Indo-Gulf Reparations, International Law, Investors duped, Investors sue UAE, Judgment Creditor, Judgment Creditor’s Case, Judgment Debtor, Justice V.R. Krishna Iyer, Legacy of Torture in UAE, Multi-billion Dollars Case, P.K. Jabir, Reparation Mechanisms, Sarah Leah Whitson, Sheikh Mohammed bin Zayed, Sheikh Saif, Sovereign Wealth Fund, UAE Judgment Equities, UAE Judgments For Sale, UAE’s $3bn Judgment Debts, United Arab Emirates, US Caselaw, Vienna Conventions, White Paper, Willful Defaulters | Response: 0

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    1) INTRODUCTION.
    Article submitted by Panikkaveetil K. Jabir, Founder-CEO, M/s. Overseas Indians Legal Cell (hereinafter referred to as the Judgment Creditor).

    The Judgment Creditor is an Indian National. Despite the social and other difficulties, the Judgment Creditor established a career as Electro-Mechanical Engineer. He had valuable experience in the said field by working in projects of International Repute like Voltas and Lufthansa in Mumbai, India.

    In the prime of his youth, when aged 22, he reached Abu Dhabi, the capital of the UAE in 1979. UAE at that time was a fast developing country. He had been an active participant in its developmental activities. Due to tireless efforts and commitment to his profession, he could establish and develop three major business establishments in Engineering, Trading and General Contracting in Abu Dhabi that valued at about a hundred million U.S. Dollars by 1995.

    2) BEGINNING OF HUMAN RIGHTS VIOLATION.

    The Judgment Creditor, on behalf of his principal company, the ‘Premier General Contracting Establishment’, entered into a lease and build-out agreement with Hassan Saeed Hassan, a local Emirati, in September 1995, regarding a nine storied building.

    With the rapid progress of the proposed project, Hassan Saeed grew greedy, and conspired to have the lease obligation set at naught with a view to make enormous gains. the Judgment Creditor could not and did not yield to the unjustified demands of Mr. Hassan Saeed, as the Judgment Creditor had already entered into commitments with others on the basis of the planned business deal.

    3) FIRST APPROACH TO THE COURT OF LAW.

    When Hassan Saeed attempted to break the provisions in the lease agreement, and even sold some of the flats to others violating the terms and conditions of the contract, the Judgment Creditor, as a law abiding citizen, sought legal advice and instituted a civil suit in the Abu Dhabi Court.

    Hassan Saeed was, however, reacting in a most unreasonable and arbitrary manner. He threatened the Judgment Creditor with dire consequences if he failed to withdraw the Civil Suit.

    The Court was, prima facie, satisfied by the contentions of the Judgment Creditor, and passed an interim order protecting his rights. There was a direction to deposit the contracted value in the Treasury. Hassan Saeed was informed about the direction and the possible serious consequences in the event of his illegal action and violation of the Court order were indicated.

    4) THE GRUESOME ACTS OF VIOLATION OF HUMAN RIGHTS.

    The stand taken by the Judgment Creditor was lawful, reasonable, and had the support of the Court’s interim order. ‘But in total negation of the Judicial Order of Abu Dhabi Civil Court, Hassan Saeed continued threatening the Judgment Creditor and planned and executed violent and reckless revenge, defying all legal provisions and principles of fair-play. Certain corrupt police officials colluded with him. In consequence thereof, the Judgment Creditor had to undergo extremes of inhuman and deadly tortures from Abu Dhabi Police which no human being could withstand. However, he was fortunate to be spared from death.

    The crude and cruel manner of the attempts to break the contract i.e. the aggression, police-looting and the connivance of local police, illegal arrest, arbitrary detention, malicious claim, torture etc., are detailed chronologically in a representation [link] submitted to the Ministry of External Affairs, Delhi, on 28 October, 2013 in reply of its Letter [link] No.G/3139/2013/MEA (Gulf Division) dated 10th October, 2013. Some of the events [link] are also featured in the following articles. The Judgment Creditor may continue the narrative in brief herein so as to complete the story.
    ————————————————————————————————————————————
    [‘Judgment Creditor Booklet to Enforce UAE Judgments’; ‘The Uniqueness of Judgment Creditor’; ‘Abu Dhabi Police-looting’; ‘The Worst Cheating Scandal of Abu Dhabi Debtor‘; “Truth and Justice are being nakedly sacrificed for UAE’s Reputation”; Untold sufferings inflicted as an under-trial prisoner at the brutal ‘Al Wathba Central Prison, Abu Dhabi‘, detailed herein ‘The legacy of torture in the UAEand ‘The Prison-life in Abu Dhabi’; The Loss of Business Firms & Assets of the Judgment Creditor In Abu Dhabi, UAE‘; ‘ And more.’]
    ————————————————————————————————————————————
    On Thursday 26th October 1995 around Noon, Hassan Saeed trespassed into the private office of the Judgment Creditor along with his accomplice, a policeman in plain clothes, who held a heavy iron rod of one meter length in one hand and a chained handcuff on the other hand.

    The policeman enquired as to the original documents of the contract which the Judgment Creditor refused to disclose. On this, the entire office was ransacked, drawers opened by force and files thrown out. Thereupon, the policeman forcibly broke open the office locker with the iron rod in his hand and looted US$.4m worth money and valuables and the Judgment Creditor was severely beaten in cold blood and his fingers were smashed with iron rod.

    At this juncture, the younger brother of the Judgment Creditor arrived at the office with lunch. As he arrived the Judgment Creditor asked him to close the door and call the police. By then, the policeman in plain clothes managed to get out of the office with the stolen money and valuables; however, Mr.Hassan Saeed was unable to leave.

    It was noticed by the Judgment Creditor that the policeman in civil dress had returned and was shouting and striking on the door with the heavy iron rod of one meter length he held in his hand. By then an inquisitive crowd had gathered around the office of the Judgment Creditor. The policeman was shouting and warning anyone from coming near to him and was saying rather rudely “Pakistani, Bengali, Indian all are thieves and procurers”.

    After some time, the police patrol team arrived at the spot as per the request made by the Judgment Creditor. But instead of protecting him from the trespassers, they joined hands with the trespassers, acted like mere savages, and the victims (the Judgment Creditor and his brother) were shackled, brutally tortured and were literally dragged out of the office through the street to the police vehicle in the presence of known friends and bystanders and taken to an underground detention centre. They were abused and assaulted there again and the Judgment Creditor fell unconscious. Eventually they were taken to hospital emergency.

    5) ARBITRARY ARREST AND DETENTION – A VIOLATION OF HUMAN RIGHTS.

    The wanton acts of infraction of damage to the Judgment Creditor, his office and equipment were temporarily halted only when, pursuant to a telephone call of the Judgment Creditor’s brother, a police team arrived at the scene. In the mean time, a large crowd had gathered at the scene, and there were very many respectable persons from different parts of the world who could witness the incident.

    Unfortunately, the police team acted in accordance with the dictates of Hassan Saeed, due to extraneous considerations and undue influence, money and otherwise. Hassan Saeed manipulated, with the connivance of police, the arrest and detention of the Judgment Creditor.

    Thus the business deal bona fide entered into, and scrupulously adhered to by the Judgment Creditor, led to very serious deprivation of his liberty, which consisted of a series of violations of Human Rights such as a forcible destruction of his property with the connivance of corrupt police officials, illegal arrest, torture of the worst order leading to his unconscious condition, perilously near death, incarceration in prison, and other physical and mental sufferings. It took about six months for the Judgment Creditor being brought before a Court of law of Abu Dhabi, UAE.

    6) A CONTENTION ABOUT HUMAN RIGHTS VIOLATION ARISING FROM THE ARREST.

    It is respectfully submitted that this default in not producing the accused promptly before a competent judicial authority, by itself is a serious violation of the rights guaranteed to a victim under the fundamental principles of international law. The Judgment Creditor was not produced before a Court, i.e. within a day, or some of the weeks. It took a long period of six months thereafter, for the Judgment Creditor to have his first appearance in the Court.

    He was held incommunicado for about a month in different detention centres, often in solitary confinement, and finally taken to the central prison. During this long spell of illegal detention, he was treated in the most cruel manner, subjected to brutal torture and blackmail, causing him irreparable mental and physical injuries. The Judgment Creditor was exposed to such a gross violation of Human Rights which the competent authority could take serious notice of. Each day of such illegal incarceration is to be reckoned while devising the remedial measures.
    ————————————————————————————————————————————
    Article 9 (3) is particularly relevant and read:

    “Any one arrested or detained on a criminal charge shall be brought promptly before a Judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release”. [Link: International Covenant on Civil and Political Rights, 16 December 1966, United Nations].

    & the UAE had breached Articles 9 of the United Nations Universal Declaration of Human Rights (1948) that condemns arbitrary arrest: ‘No one shall be subjected to arbitrary arrest, detention or exile. [Link: Universal Declaration of Human Rights]
    ————————————————————————————————————————————
    7) THE LEGAL COURT OF FIRST INSTANCE, ABU DHABI, UAE.

    The Human Rights Violations, the assault, arbitrary detention etc as narrated above were scrutinized by the Court. The Court had the opportunity to have evidence before it from witnesses belonging to different nationalities.

    The witnesses of foreign nationals (other than Indian) were in a position to give evidences, despite the fear of a possible harassment by Abu Dhabi Police and public prosecution. This ensured the independent quality of the evidence.

    The arrest and detention were against the basic principles of law. The arrogant policemen of Abu Dhabi, however, committed the atrocities in full view of the public. This proved to be their undoing.

    8) THE REACTION OF THE COURT.

    The Court expressed its shock while noticing that a victim who sought for police help from trespassers was arrested and detained by the police!

    9) THE JUDGMENT AND FINDINGS OF THE COURT.

    The Judgment of the ‘Legal Court of First Instance’ was pronounced on 10-04-1996.

    The Judgment Creditor and his brother who were charged with offences by the Abu Dhabi Police, were acquitted. The Court directed the Authorities, to prosecute the policeman involved in the illegal activities. It was found that Hassan Saeed was guilty of deception and assault. The Court criticized the Public Prosecution for concealing the assault of the policeman on the Judgment Creditor, and its tampering of evidence. Some of the material findings of the Court are:-

    i) The policeman and Hassan Saeed had committed the offences of trespass and assault.

    ii) The Judgment Creditor had only exercised his legal right, and he and his brother were attacked by the policeman and Hassan Saeed by taking the law into their hand.

    iii) The police, which was expected to help the victims, unjustifiably protected the trespassers who were the law breakers.

    iv) The Criminal Court observed that, the Interim Judgment of the Abu Dhabi Civil Court, ruled that the Judgment Creditor was the really aggrieved person and had deserved help.

    v) The conduct of the police clearly proved the malicious motives in initiating the criminal complaint against the Judgment Creditor.

    vi) Ultimately, the Court found that the policeman indulged in the illegal criminal act due to his greed, and that the police framed false charges against the Judgment Creditor to save their face.

    10) DIRECTIONS OF COURT – AN ENQUIRY INTO THE CONDUCT OF POLICE.

    The Court took a serious view of the entire events. It ordered an enquiry into the conduct of the police. The records were forwarded to the Public Prosecution for facilitating the investigation.

    The order of the Court, regrettably enough, was ignored by the UAE authority. No investigation was conducted by the prosecution. The irresistible inference is about an active Police-partisanship to help the law-breakers, who wanted to make wrongful gains, utilizing their influence, and access to the ruling power.

    The State has to bear the responsibility for such illegal actions indulged in by servants and officers and for helping anti-social elements with the full connivance of its policemen and other officials.

    The claim of the Judgment Creditor is based on solid judicial verdict of a Court of the very country in which the illegal actions took place. [Link: The Judgment of the 'Court of First Instance - Final Decree' ]

    11) SERIOUS VIOLATION OF HUMAN RIGHTS GUARANTEED BY THE CHARTER OF THE U.N.

    The Judgment Creditor was NOT released from prison in spite of his acquittal by the Criminal Court of First Instance, in total violation of the order of a judicial authority.

    At the same time, there was an alleged omission to proceed against the perpetrators of the crime, in spite of the directions of a judicial authority. This too is a serious violation of Human Rights guaranteed by the law, both the domestic law and the charter of United Nations.

    12) CONTINUATION OF LEGAL PROCEEDINGS IN THE APEX COURT.

    Ultimately, the prosecution filed an appeal in the Supreme Court of Abu Dhabi. The case was posted for hearing on 18-04-1996.

    13) APEX COURT ORDER GRANTING BAIL TO THE ‘JUDGMENT CREDITOR’.

    The Court granted bail to the Judgment Creditor on the day the prosecution filing an appeal. However, despite the bail and sureties the Judgment Creditor was not released from the prison.

    14) INTERVENING EVENTS CONFIRMING VIOLATION OF HUMAN RIGHTS AND ADMISSION OF POLICE ABOUT SUCH VIOLATIONS.

    In the meantime, policeman Ahmed Abdulla Abdul Kadir filed a declaration dated 17-03-1996, attested by a Notary, where-under he dropped the contentions in his complaint. Hassan Saeed followed the suit and admitted his guilt. The two other policemen submitted that they were misguided by Ahmed Abdulla Abdul Kadir in committing arrest and torture against the Judgment Creditor with a view to extort money.

    The Hon’ble Supreme Court advised the Judgment Creditor to sue against the perpetrators of the crime for damages and malicious actions.

    15) JUDGMENT OF UAE SUPREME COURT WHICH AFFIRMED THE LANDMARK RULING OF LOWER COURT.

    The final Judgment of the Supreme Court was rendered on 19-05-1996. The Hon’ble Supreme Court declared that the Judgment Creditor was totally innocent of the charges. The case hoisted against the Judgment Creditor was wholly false, baseless and fabricated by the police for personal gains. The Court observed further that all the pieces of evidence proved propriety in the acts and conduct of the Judgment Creditor.

    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. A person dying while protecting that freedom is considered a ‘martyr’.

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

    [Link: The Judgment of the 'Apex Court of Abu Dhabi, UAE]

    16) UAE GOVERNMENT CONTINUED VIOLATION OF COURT ORDERS AND PERPETRATED VIOLATION OF HUMAN RIGHTS.

    The defiant Executive, however, continued the violation of Human Rights. Despite the acquittal by the Trial Court, the grant of bail by the Supreme Court and dropping the charges by his complainant, and finally, the Supreme Court’s declaration precisely in line with the Lower Courts that the Judgment Creditor was totally innocent of the charges, the ongoing arbitrary detention of Judgment Creditor and his brother continued indefinitely.

    17) CONTENTION AGAINST THE NON ENFORCEMENT OF UAE COURT’S DECISIONS.

    The eminent Jurists Panel of Apex Court cross-examined all aspects of the case and found that the accused was innocent; rather ‘a martyr’. This judgment of the very country in which the police and the Executive Officers perpetrated violation of Human Rights against the Judgment Creditor, held that the Police was answerable for their criminal action.

    The ‘Debtor’, the Government of Abu Dhabi, UAE, is responsible for such a grave violation of Human Rights and reparation is legitimately to be reckoned for every day of the deprivation of liberty and violation of Human Rights by the officers and servants of the UAE.

    18) AGGRAVATED VIOLATION OF HUMAN RIGHTS BY [FRAUD] DEPORTATION RESULTING IN LOSS OF HIS DIGNITY, RESPECT AND ENTIRE PROPERTY.

    Strangely enough, and shocking, the judicial conscience, and giving a jolt to the basic concept of Human Rights, the Judgment Creditor was deported on 28- 09-1996 to India with false and fabricated records without any asset, dignity and respect whatsoever. [Link: The ‘Executive Order of Deportation’ – an ‘extremely fraudulent misrepresentation’, dated 28-09-1996 Abu Dhabi, UAE]

    Yet another gross violation of Human Rights was the dare devil action of the Executive of deporting the Judgment Creditor from the country as if the Judgment Creditor was convicted for a crime by the ‘Court of Law’, ignoring the concurrent judicial declaration of the Courts in UAE, the Court of First Instance and the Supreme Court. While so deporting the Judgment Creditor, the Executive Branch was well aware that ‘the reason shown in the deportation order was against the truth.

    The deportation order was prepared with the false and fabricated statement, with an intention to save face and simultaneously to avoid paying any reparations. The fraud committed by the Executive Branch of Abu Dhabi has caused grave injury to the Judgment Creditor, that has left him in the worst position than he was in before the fraud.

    The U.S. Supreme Court has quoted that, “There can be no doubt that the continuation of a malicious prosecution beyond the initial act of instigation may inflict additional damage upon the victim”.

    The competent authority could be justified to pass further orders appropriately dealing with the concerned officers and compensating the Judgment Creditor by awarding compensation which will take in the value of his businesses, freedom or dignity and the assets, lost by him due to the criminal actions of the administration and other officials of the UAE, along with other heads of damages permissible under law.
    ————————————————————————————————————————————
    The U.S. Supreme Court has quoted that, “There can be no doubt that the continuation of a malicious prosecution beyond the initial act of instigation may inflict additional damage upon the victim”; [Ray Wong v. Earle C. Anthony, Inc. (1926) 199 Cal. 15 [247 P. 894]. ‘The term ‘prosecution’ is sufficiently comprehensive to include every step in an action from its commencement to its final determination…’ (Lujan v. Gordon, 70 Cal.App.3d 260.)
    ————————————————————————————————————————————
    19) CONTENTIONS REGARDING THE CONDUCT OF UAE GOVERNMENT.

    It may be recalled that the UAE government was blamed of having been instrumental in defrauding or cheating the Judgment Creditor to avoid honoring its moral obligations and assigned responsibilities. The Judgment Creditor was subjected to total deprivation of his liberty, his business establishments, loss of his accumulated savings and properties, and a great suffering in his dignity as a human individual. Each deprivation by itself justifies the strongest action by the competent authority, in the light of the solid evidence placed before it.

    Deprivation of the entire property and life savings constitute a grave violation of Human Rights and the very Right to Life. There are multiple infractions of Human Rights, which constitute a more serious case calling for strongest action on the part of the competent authority. The right to livelihood cannot be subjected to individual fancies of the person in authority.

    20) ATTRIBUTION OF CONDUCT TO THE STATE.

    The ‘Debtor, the Government of Abu Dhabi, UAE‘ 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.

    Under international law, the state is responsible for all actions or omissions of its officials and organs. This is the function of the basic rules of international law concerning the responsibility of States for their internationally wrongful acts and the legal consequences which flow therefrom. The ‘successor governments’ also remain bound by the acts incurred by the ‘predecessor governments’.

    A three-judge Supreme Court bench in India has observed recently that Decree Holders must enjoy the fruits of the decree obtained by them in an expeditious manner – “It is necessary to remember that success in a suit means nothing to a party unless he gets the relief”. [Reference to the links below].
    ————————————————————————————————————————————
    ‘HERE WE TAKE A LOOK AT WHAT’S THE LEGAL POINTS OF INTEREST’:

    * The Constitution of the UAE and the ‘Arab Charter on Human Rights’ envisages many protective measures under the law. The Article 26, of the Constitution of the UAE it reads:

    ‘Personal liberty is guaranteed to all citizens. No person may be arrested, searched, detained or imprisoned except in accordance with the provisions of law. No person shall be subjected to torture or to degrading treatment’.

    But what the UAE government practice is exactly the opposite of what they preach; making the UAE Constitution itself becomes a solemn mockery! [Link: http://reparationlaw.com/caselaw/constitution-of-the-u-a-e/ ]

    * The Arab Charter on Human Rights, adopted on 15 September 1994 by the League of Arab States, where the UAE is a party. [Link: http://www.refworld.org/docid/3ae6b38540.html ]

    *Wife of the late King of Saudi Arabia has won the right to sue his son, Saudi prince for breaching a contract [Link:“The Doctrine of State Immunity” ]

    * “Decree Holders Entitled to Enjoy Fruits of the Decree Expeditiously” – Says Supreme Court of India ! [Link: ‘Supreme Court Judgment’ ]

    * “How does fraud affect a victim? ‘The impact of fraud on victims’ – Supreme Court of India [Link: ‘Supreme Court Judgment’ ]
    ————————————————————————————————————————————

    21) DOCUMENTED EVIDENCE OF TORTURE – HOSPITALIZATION AFTER REACHING IN INDIA.

    The Judgment Creditor was admitted in ‘Hinduja hospital’ Mumbai, by the very next day of his release from UAE Prison. There he was treated by different doctors at different specialties including psychiatrists. The Judgment Creditor had a greater degree of psychological stress and physical harm as a consequence of brutal methods used by the Abu Dhabi police under detention. He was advised Post-traumatic stress disorder (PTSD) treatments, Diabetic treatments etc., due to the Pancreas disorder symptoms.

    22) PURSUIT OF LEGAL REMEDIES IN INDIA.

    The Judgment Creditor fought for justice by invoking all legal flora, including the High Court of Delhi and the Supreme Court of India. The various legal proceedings, costly and time-consuming, are chronicled in [Links] Part A & Part B of the Annexures. They cover events commencing from filing the Writ Petition before the Hon’ble Supreme Court in 1996. The Supreme Court found merit in the case suggested that the Delhi High Court could be approached in the matter under Article 226.

    The Delhi High Court by its judgment dated 20-11-1997, directed the Government of India to settle the issue within two months of the date of the judgment. [Link: In the High Court of Delhi, Appellate Civil Jurisdiction]

    There was continuous and contumacious delay on the part of the Government of India. No order was passed as directed by the Delhi High Court. This necessitated the Judgment Creditor to approach the Delhi High Court again in 2003. There was an interim order on 28-1-2004 that the Government should intimate the Court of the steps taken to protect the rights of the Judgment Creditor.

    The second Judgment of Delhi High Court was rendered on 19-9-2007. It recorded a letter of the Ministry of External Affairs dated 29-7-1998 reading:-

    “We are taking up the matter with our Embassy in Abu Dhabi once again, requesting them to pursue the case at appropriate level”. [Link: Second Judgment of the Delhi High Court - 2007]

    The Government of India, did not take any action on the order of Delhi High Court, as well as repeated representations and communications from the Judgment Creditor, despite the fact that the most cruel violation of Human Rights and deprivation of freedom or property of the Judgment Creditor had been repeatedly established by judicial verdicts in a foreign country.

    23) FURTHER REPRESENTATIONS FOR DIPLOMATIC ACTION BASED ON VIENNA CONVENTIONS.

    The International Conventions on Diplomatic and Consular Relations, outlines the rules of law for safeguarding the interests of NATIONALS of the sending States and the treatment of envoys between states. Both the States, India and the UAE are parties to the present Conventions. The functions of Diplomatic Missions according to the Vienna Convention is listed below.
    ————————————————————————————————————————————
    Article 5 & 36 of the ‘Vienna Convention on Consular Relations (VCCR) 1963’ specify the duties of consular officials’ when citizens of their country face difficulties in a foreign State.

    Representation to Government of India: [Link: ‘Indo-Gulf Reparation Mechanisms’ Timeline Highlighting Submissions & Responses]

    [Link: Article 5 & 36 of the ‘Vienna Convention on Consular Relations (VCCR) 1963’] – Done at Vienna, Austria on 24 April 1963. It consist, inter alia, in: (e) helping and assisting nationals, both individuals and bodies corporate, of the sending State.

    And also under the Article (3)(b) in the ‘Vienna Convention on Diplomatic Relations (VCDR) – Done at Vienna on 18 April 1961′; the functions of a diplomatic mission under VCDR consist in: (b) Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law.

    How Far Must We Protect Our Citizens Abroad? Edwin Montefiore Borchard (1884-1951)
    ————————————————————————————————————————————

    24) INDIA HAD BREACHED ITS OBLIGATIONS UNDER THE INTERNATIONAL CONVENTIONS.

    The government of India is in clear breach of its international obligations under the Article (5)(e) Consular Functions of the Vienna Convention on Consular Relations (VCCR) 1963’ – Done at Vienna, Austria on 24 April 1963.

    The victim here a citizen of India who has been suffering all through ever since he was a victim of a violent extortion racket in Abu Dhabi police that targeted him. he was illegally arrested, brutally tortured, arbitrarily imprisoned and being held incommunicado and deported illegally from the UAE without any asset whatsoever to India.

    The Dignity and Rights of the ‘Judgment Creditor’ was not restored by the Executive authority of Abu Dhabi, as directed by both the Courts, the Court of First Instance and the Supreme Court, Abu Dhabi, UAE.

    The Government of India has not been able to get justice for the Judgment Creditor so far, except a cruel and deliberate betrayal over the past two decades”. Virtually, the Judgment Creditor was transferred from one cage to another, his freedom or dignity and his professional life continues to be denied indefinitely despite his running from pillar to post, to restore his dignity and respect and to recover his assets.

    Further about the UN Articles on Diplomatic Protection, it has been codified by the existing customary International Law on the protection of NATIONALS abroad or whose Property Rights have been unlawfully violated abroad by a foreign government. [Link to the Article is given below].
    ————————————————————————————————————————————
    The doctrine of ‘international responsibility’ [Link: The ‘Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power’ (Adopted by General Assembly resolution 40/34 of 29 November 1985)

    The Articles on Diplomatic Protection: In May 2006, the International Law Commission (ILC) has adopted the Articles on Diplomatic Protection, These articles largely codify existing customary international law on the protection of nationals abroad by means of diplomatic protection. [Link: Articles on Diplomatic Protection]

    Indian expatriates are exposed to the extreme degree of Human Rights Violations in the Arab Gulf. [Link: India's National Shame!]
    ————————————————————————————————————————————

    25) FURTHER FACETS OF VIOLATION OF HUMAN RIGHTS.

    The brutal torture of the Judgment Creditor at the Abu Dhabi prisons have caused him irreparable and serious physical ailments. As a result, at his advanced age, he is suffering now great strain, physically and mentally. the Judgment Creditor’s two children and wife who are also subjected to great sufferings as a result of the unjust deprivation of his entire property and their sustenance and facilities of life. The unabated agonies of the Judgment Creditor continues for over two decades. the Judgment Creditor’s younger brother who suffered great physical pain and mental anguish has also taken its toll on his life.

    26) THE UN WORKING GROUP ON ARBITRARY DETENTION (UNWGAD).

    In February 2016, the UN Working Group on Arbitrary Detention (UNWGAD) announced its decision finding that the detention of WikiLeaks founder Julian Assange is unlawful. The United Nations Working Group has ordered that the Swedish and British authorities to end Mr. Assange’s deprivation of liberty, respect his physical integrity and freedom of movement, and afford him the right to compensation.

    The UN Working Group on Arbitrary Detention (UNWGAD) had given inspiration to the suffering individuals in various parts of the world by its glorious Judgment in Assange’s case. A laudable principle was also declared. Various forms of deprivation of liberty “constitute a form of arbitrary detention”. [Link: The Judgment in Assange’s case]

    An illustrative precedent of UN Working Group in meting out justice to a person whose Human Rights had been violated are grave criminal acts and serious violation of Human Rights justifying the intervention of the UN Working Group.

    Assange lost in all legal proceedings including the appeal to the highest Court in United Kingdom. The UN Working Group, however, meted out justice to the deserving individuals, when fact established beyond doubts the violation of Human Rights.

    27) CONCLUSION.

    In the case of the Judgment Creditor, there has been integrated and connected activities on the part of the policemen and the officials of Abu Dhabi, UAE and the UAE Government itself in arresting without justifiable reasons; malicious and deliberate misuse of power, subjecting him to torture, violating the provisions of production of an accused in a Court of Law, prolonged arbitrary detention, disregarding the verdict of the judiciary on the innocence of the victim, and violating the basic principles of a civilized Government of honouring verdict of the judiciary, Executive abiding by such verdict.

    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. However, an order of enquiry passed by the Legal Court [Link] against the conduct of the Policemen was ignored by the UAE authority. The conduct of the Prosecutor too was condemned.

    The relevant portion of the Final Judgement [Link] of the Supreme Court of Abu Dhabi, praising the qualities of the Judgment Creditor and condemning the malicious actions of his ‘debtors’ is reproduced here for ready reference:-

    “All the pieces of evidence proved propriety in the acts and conduct of the Judgment Creditor. With regard to the facts of the case, the Supreme Court observed that the law had honoured the man who protected his freedom, his honour, his property and his soul. A a person dying while protecting that freedom is considered a martyr. And it was proved in this case that the policemen and other officials sought to arrest the ‘Judgment Creditor’ without any right and that they curtailed his freedom”.

    The illegal deportation of the Judgment Creditor by the Executive of Abu Dhabi, UAE, on fraudulent grounds has multiplied the devastating effects on the victim, such as:-

    His dignity and freedom remained lost arbitrarily as he was deported on a ‘fraudulent order’ [Link] issued by UAE Administration purposefully in order to avoid honouring its obligations. His entire assets and properties remained lost; as he was denied access to his three major business establishments [Link] and assets in Abu Dhabi, UAE, that caused ‘Multi-billion Dollars’ worth of damages;

    His dignity, respect and all his assets remains lost even after two decades of passing the ‘Historic Judgments of the Highest Court of Abu Dhabi, due to non-enforcement of Judgments. The anguish resultant from the deprivation of his freedom, dignity and property, as such the huge business assets, earned only through his untiring personal efforts causes mental depression which will virtually make the life only a vegetable existence.

    Thank You!

    Panikkaveetil K. Jabir,

    Founder-CEO, M/s. Overseas Indians’ Legal Cell.

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    ENDNOTES:-

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    The ‘UAE Court Judgments’ are Worth Buying, in all Respects

    The UAE officials are committed to honour the content of the obligation to execute the Court Judgments now available for sale to general public. The execution of the Judgment, it is inferred, is only delayed. “A victim of crime cannot be a “forgotten man” in the criminal justice system“. View the statements and documents …More Details

     

     

  • ‘Judgment Creditor Booklet to Enforce the UAE Judgment Debts’

    Date: 2015.12.21 | Category: Abu Dhabi, Abu Dhabi Police-Looting, ADIA, Al-Jazeera, Arbitration, Authoritarianism, Bahrain, Boycott Etihad Airways, Boycott Etihad Flight, Brilliant Lawyers Wanted, Delhi High Court, Democracy, Dictators, Diplomatic Protection, Etihad Airways, Extortion Abu Dhabi, Fraudulent Statements, Freedom of Expression, Human Rights, Human Rights Watch, India, India & UAE, Indian Diplomacy, Indo-Gulf Reparations, International Law, International Tourists, Investors duped, Investors sue UAE, Journey From Hell, Judgment Creditor, Judgment Creditor’s Case, Judgment Debtor, Justice V.R. Krishna Iyer, Legacy of Torture in UAE, Mrs Justice Rose, Multi-billion Dollars Case, Other, Overseas Indians’ Legal Cell, P.K. Jabir, punishment, Reparation Mechanisms, Sarah Leah Whitson, Saudi Arabia, Saudi-UAE Dictators, Sheikh Mohammed bin Zayed, Sheikh Saif, Shipping, Sovereign Wealth Fund, The High Court London, UAE Constitution, UAE Judgment Equities, UAE Judgments For Sale, UAE’s $3bn Judgment Debts, United Arab Emirates, Willful Defaulters | Response: 0

    ‘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)

    'Judgment Creditor's Booklet to Enforce the UAE Judgment Debts'

    “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!

    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, 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’

    “UNVEILS INDUSTRY’S FIRST JUDGMENT EQUITY FUND”

    “Support the “Judgment Creditor” to strengthen the Integrity of the Judiciary and people’s confidence in our Justice System”

    Funds are proposed to be raised by distribution of shares. One can invest a sum as small as USD$ 350.00 or equivalent currency in the ‘Portfolios of UAE Judgments’ now on sale. The UAE Judgments, against the ‘Abu Dhabi Executive Branch’, have been guaranteed three times more value of their investment. This is a special opportunity to the UAE lobbyists, those who believe in the present ‘Status and Future of the UAE’.

    The unique features of the Judgment Equity offered for sale are too numerous to be enlisted, but a few among them which are really outstanding and the
    most significant ones are:

    [Special ‘Anniversary Offers’ for a Limited Time : 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!]

    Free Equities Offered:Pay just 35% of its precise value and enjoy profit for 100%;
    Guaranteed Interest: 4.5% Per year, for both the principal and the accrued interest;
    Guaranteed Discount: Investor will be paid up to 25% discount for every additional sale;
    Transferee Rights: The term ‘Holder of a Decree’ is equal to that of the Judgment Creditor;
    Conversion Rights: Investors may convert their equity fund into stock through the idpo.org.
    View the list of features here: Sales Brochure

    “Alliance Judgment Recovery Networks” | Like Us | Follow Us | Join Us
    “Alone I can say, but together we can shout. Alone I can smile, but together we can laugh. Alone I can only enjoy, but together we can celebrate”!
    “Promoting Dignity and Human Rights Values in the Digital Age. Let’s Join”

    End Note: The observation of ‘Hillary Clinton’ on strength and money as essentials linked with Human Rights could be usefully extracted. They read: “Strength, Money, and Knowledge – we cannot do anything without them” – ‘Judgment Creditor’.

    [An innovative project by the ‘Overseas Indians’ Legal Cell’ promoted by the “Alliance Judgment Recovery Networks”, aimed at giving effect to the ‘Legal Judgments’ that remains unexecuted or unsatisfied].

    Last Updated: Monday 29 Feb, 2016 [Reparation Law News]

    We would love to hear your comments. A selection of your comments will be
    published unless you state otherwise. ‘UAE@DECREEHOLDERS.COM’

  • “Marking the 20th Anniversary of the ‘Abu Dhabi Police-Looting’ in Abu Dhabi, United Arab Emirates”

    Date: 2015.08.20 | Category: Abu Dhabi, Abu Dhabi Police-Looting, ADIA, Al-Jazeera, Authoritarianism, Boycott Etihad Airways, Boycott Etihad Flight, Brilliant Lawyers Wanted, Delhi High Court, Democracy, Dictators, Diplomatic Protection, Etihad Airways, Extortion Abu Dhabi, Fraudulent Statements, Freedom of Expression, Human Rights, Human Rights Watch, India, India & UAE, Indian Diplomacy, Indo-Gulf Reparations, International Law, Investors duped, Investors sue UAE, Judgment Creditor, Judgment Creditor’s Case, Judgment Debtor, Justice V.R. Krishna Iyer, Legacy of Torture in UAE, Multi-billion Dollars Case, Overseas Indians’ Legal Cell, P.K. Jabir, Reparation Mechanisms, Sarah Leah Whitson, Saudi Arabia, Saudi-UAE Dictators, Sheikh Mohammed bin Zayed, Sheikh Saif, Sovereign Wealth Fund, UAE Constitution, UAE Judgments For Sale, United Arab Emirates, US Caselaw, White Paper, Willful Defaulters | Response: 0

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

    [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.

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