Archive for the ‘Migrant Workers’ Category

  • 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!

    Date: 2017.01.16 | Category: Abu Dhabi, Abu Dhabi Police-Looting, ADIA, Al-Jazeera, Arbitration, Authoritarianism, Boycott Etihad Airways, Boycott Etihad Flight, Delhi High Court, Democracy, Dictators, Diplomatic Protection, Etihad Airways, Extortion Abu Dhabi, Human Rights, Human Rights Watch, India, India & UAE, Indian Diplomacy, Indo-Gulf Reparations, International Law, Investors duped, Investors sue UAE, Journey From Hell, Judgment Creditor, Judgment Creditor’s Case, Judgment Debtor, Kadmat Island Tourism, Legacy of Torture in UAE, Migrant Workers, P.K. Jabir, punishment, Reparation Mechanisms, Republic Day 2017, Sarah Leah Whitson, Saudi-UAE Dictators, Sheikh Mohammed bin Zayed, Sheikh Saif, Sovereign Wealth Fund, UAE Constitution, UAE Judgment Equities, UAE Judgments For Sale, UAE’s $3bn Judgment Debts, United Arab Emirates, Vienna Conventions, White Paper, Willful Defaulters | Response: 0

    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!wilful-defaulters-uae

    An Open Appeal to all Indians on the Occasion of the 68th Anniversary of India’s Republic Day 2017!

    If We Really Stand For The Independent India, The Values of Democracy and Respect For Human Rights: “Observe The Republic Day of India 2017 As ‘Black Day’, on the following Crystal Clear Reasons:-

    Abu Dhabi crown prince, Sheikh Mohammed Bin Zayed Al Nahyan, is invited to be the chief guest of India’s Republic Day 2017. To add fuel to the fire the “UAE Army has also been invited to participate in the Republic Day Parade 2017″ during which the chief guest will be the Crown Prince of Abu Dhabi.

    Mohammed Bin Zayed represents the UAE as the de facto ruler of UAE Federation. UAE is attributed to authoritarian regime with blood-stained hands, lacks accountability and total lack of judicial independence. Any one who dares to criticize the regime risk arrest, torture, arbitrary detentions and enforced disappearance.

    The Army in question was trained by the notorious company once known as ‘BlackWater’, and recruited foreign mercenaries, originally intended to butcher their citizens who claim for democracy. The UAE is a member of Saudi-led ‘anti-terror’ coalition on which the Pakistani army chief [retired] Gen Raheel Sharif is the head.

    The UAE and its army both have proved by meddling its neighbouring countries that the victory of the people against any repressive regime in the Arab world is more dangerous than defeat!

    ENFORCEMENT OF LANDMARK UAE JUDGMENTS – ‘JABIR CASE’

    Most importantly, there’s no respect for even the Judgments of the Supreme Court of that country. The UAE Federation is the worst wilful defaulter of the 4 consecutive Judgments passed against them by the Courts of Abu Dhabi in the most shocking and gruesome case of an Indian investor’. During the course of hearing the wrong-doers pleaded guilty ‘of their framing a false case against the Indian investor’ to withdraw a civil lawsuit of a building contract.

    The Court of First Instance in Abu Dhabi, UAE, had specifically ordered investigation against their corrupt and conniving officials who looted money and valuables from the office of Indian investor. The Full Bench of the Apex Court unanimously upheld the findings, precisely in line with the Lower Courts’ Judgments.

    The UAE Federation did not comply with the Judicial directives of the Courts of Abu Dhabi. Instead, the Federation deliberately and maliciously deported him, the ‘Judgment Creditor’, from the UAE, denying him access even to his business assets spread over three establishments in Abu Dhabi, UAE, were worth One Hundred Million US Dollars in 1995.

    This resulted his character assassination, leaving him in a whirl-pool of unimaginable mental trauma and thus the UAE Federation is accountable for its violation of Judicial decisions at first place.

    His claims against UAE were recognized by both the Supreme Court and the High Court of Delhi and ordered the Government of India to settle the case in two months, way back in 1997! All that is pending is the ‘execution of those Judgements, solely due to the inhuman approach of the concerned authorities representing both India and UAE.

    A vicarious liability exists under general law. The violation of a specific directive of a Court of Law, renders the Abu Dhabi, UAE Federation, as a ‘Wilful Defaulter’, liable for the compensation due to the Petitioner, the ‘Judgment Creditor’.

    Under the above grave backgrounds, the Abu Dhabi crown prince cannot be made in a list of the distinguished chief guests of India’s Republic Day Celebrations. The Republic Day of India commemorates the date January 26, 1950, on which the Constitution of India came into force.

    Indians celebrated Republic Day all these years to strengthen the dynamics of a democratic values and to honour India’s great men and women who had sacrificed all the way. We were quite fair so far, when we had distinguished personalities like Obama, Hollande etc., as our Chief Guests on our Republic Day ceremonies in the past.

    The ‘Judgment Creditor’ is therefore soliciting your wholehearted support in his unique case to get Justice, in a portfolio of Landmark Judgments passed in absolute in his favour, by the highest Judiciary of Abu Dhabi and subsequent Judgments from Delhi High Court in the case, the benefits of which have been denied to him arbitrarily and inhumanly over an unduly long period of two decades, defeating all his relentless fight.

    The ‘Judgment Creditor’ wishes to observe India’s Republic Day 2017 as a Black Day, in Protest Against the Non-enforcement of Legal Judgments” by both the Governments, the Government of UAE and the Government of India!

    He requests all Indians to join him in his protest against the decision of the Government of India with all supports to him.

    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.Twitter.com/JudgmentForSale/
    https://www.Twitter.com/RepublicDay2017/

    Link To Articles

    Legal Instruments & References – The Multi Billion Dollars Judgment Portfolios of UAE.

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

    LET’S JOIN; TELL YOUR FRIENDS TO SUPPORT JUSTICE
    “Alliance Judgment Recovery Networks”

    CROWDFUNDING STRATEGY TO ENFORCE UAE JUDGMENTS

    “Support the “Judgment Creditor” to strengthen the Integrity of the Judiciary and people’s confidence in our Justice System”.
    “Invest In ‘Justice’ 1,000% Returns! – Read Brochure”


    FREE REFERRAL PARTNER PROGRAMME:-

    How do I become a ‘Referral Partner’?
    Referral Partner Program is Absolutely Free to Join

  • The sweet sound of a glorious oil-drenched slap

    Date: 2015.04.12 | Category: Abu Dhabi, Authoritarianism, Boycott Etihad Airways, Boycott Etihad Flight, Democracy, Dictators, Extortion Abu Dhabi, Fraudulent Statements, Freedom of Expression, Genocide in Yemen, Human Rights, Human Rights Watch, Middle East Monitor, Migrant Workers, Pakistani Parliament, Protests, punishment, Reparation Mechanisms, Saudi Arabia, The Express Tribune, UAE Constitution, War Crimes in Yemen, Willful Defaulters | Response: 0

    The sweet sound of a glorious oil-drenched slap. And then comes the naked, blatant, shameless threat from the rich Arab sheikhs. …
    By Fahd Husain The Express Tribune  Published on April 12, 2015

    So finally the mouse has roared.

    Parliament “desires that Pakistan should maintain neutrality in the Yemen conflict so as to be able to play a proactive role to end the crises,” declares the resolution passed by the joint session of parliament. Whoa!

    And then comes the naked, blatant, shameless threat from the rich Arab sheikhs. Speaking to Khaleej Times, UAE Minister of State for Foreign Affairs Dr Anwar Mohammad Gargash warned Pakistan of having to pay a “heavy price” for taking on what he called an “ambiguous stand”. He said Pakistan should take a clear position “in favour of its strategic relations with the six-nation Arab Gulf Cooperation Council”

    Then this Arab sheikh vomited a gem: “The vague and contradictory stands of Pakistan and Turkey are an absolute proof that Arab security — from Libya to Yemen — is the responsibility of none but Arab countries.” Really?

    So here’s the deal: for once Pakistan does not dance to the unmelodious Arab tune, and the oil-spoilt sheikhs blow a top. Well, good for us. The sheikhs can choke on their fury for all we care. This sheikh called Gargash is some non-entity whose threats we should swat like troublesome flies. But this man’s annoying words are a true reflection of the attitude that these tinpot Arab rulers harbour towards Pakistan. Their ingrained racism towards us cannot be disguised by their meaningless rhetoric about Islamic brotherhood. But the veneer of this hypocrisy

    is as thin as their purported friendship. These sheikhs think they have bought this country of 180 million people like they buy their gold-plated Rolls Royces. Perhaps, that’s why they have the temerity, and the cheek, to expect that we will sell the lives of our soldiers for their oil-drenched dollars. Given a choice, our rulers may have obliged them. Thank God they were never given a choice.

    So now our resolution has hit this Gargash man like a stinging slap. That’s 180 million pairs of Pakistani hands slapping this Arab cheek till it turns crimson with fury, and shame. Go threaten someone else, Doctor Gargash — this nation has had enough of the likes of you and your weakling sheikhs. What good are your billions of dollars if you cannot even defend yourself?

    The problem with these sheikhs and their razzle dazzle sheikhdoms is that money has not bought them wisdom. These piddling sheikhs have won a divine geological lottery that has catapulted them from camels to Ferraris. They dug their wealth, and never learnt how to create it. They then proceeded to outsource wisdom to the West while they themselves struggle to outgrow their own medieval tribal outlook towards life, the world, and Pakistan.

    “The Arabian Gulf is in a dangerous confrontation, its strategic security is on the edge, and the moment of truth distinguishes between the real ally and the ally of media and statements,”

    Gargash tweeted sarcastically. The UAE foreign ministry retweeted this Gargash’s naked threat. A minister saying something on a public forum cannot be construed as expressing his personal opinion. The Foreign Office of his sheikhdom endorsing the statement through a retweet makes it as official as official can be. Now if a bigger sheikh decides to axe this smaller sheikh for his extremely provocative, irresponsible and poisonous statement, one can assume it was a personal opinion of an errant knave. But if this Gargash sheikh retains his job, we should be clear about the message and its threat from the sheikhs who rule this giant oil well.

    A threat is only serious when it’s credible. And can hurt. This oildom can hurt us economically if it directs its petty viciousness at the Pakistanis who work there and transmit precious foreign exchange home. Yes it will hurt if this financial stream is disturbed. But this should also be a wake-up call for this nuclear-armed nation. I mean, how pathetic is this situation where a tiny piddly tribal oildom can push around a hulking 180 million strong nation boasting a standing army of nearly half a million? Yes this is the depth to which we have been flung by shortsighted, visionless incompetent patronage-driven leaders who are used to eating the crumbs thrown their way from the sheikh’s tables.

    So why blame nobodys like this Gargash when we ourselves have inflicted economic weakness on ourselves and forced our dependency on these piddly sheikhdoms. We may have the big guns and the nukes that go with them, but butter? No, that’s where warped priorities bite us like a reptile on steroids.

    Ask yourself: are we less dependent on these piddly sheikhdoms than we were five years ago? Ten years ago? In other words, are we better off economically in real terms so that we do not have to grovel in front of these oily sheikhs? Have these elected mandarins who sit atop our rotting patronage-based system undertaken any basic structural reforms to improve the economy?

    Is the tax system better? Have the public-sector enterprises, i.e., PIA, Steel Mills, etc. been restructured and reformed so they stop bleeding billions of rupees? Has a growth strategy been formulated and implemented? Have non-development expenditures been slashed? Will any of this be done any time soon?

    The answer starts with an ‘N’ and ends with an ‘O’. With half their term over, the Sharifs are now focusing on winning the next elections. This means the time for tough decisions and restructuring is over, the period for wasteful, inefficient, populist measures has arrived. You want reform? Wait till 2018. At the least. And pray for an electoral miracle.

    In the meanwhile, let’s at least celebrate that even empty stomachs can boast of puffed-up chests. The Pakistani parliament has taken the right decision for the right reasons, and if Gargash and his fellow sheikhs don’t like it, they can go jump into their oil wells. Who knows, this may save them the trouble of fighting for their own honour, with their own troops.

    The ‘Sweet sound of a glorious oil-drenched slap’ was published in ‘The Express Tribune’, on April 12th, 2015.

    SPONSORED BY THE ‘JUDGMENT CREDITOR’

    So much of money! The policeman’s eyes bulged out in wonder. He looked at his Emirati friend as if he never expected there will be 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, the currency spilled over the floor of the cabin. …COMING SOON! ‘Abu Dhabi: Shop burgled by policeman in civil-dress, US$ .4m worth money and valuables looted’

     

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

    Reports on ‘Human Rights in the UAE’

    Promoting Human Rights Values in the Digital Age. Let’s Join

  • Unique is the case of ‘Judgment Creditor’; disgracefully the perpetrator is the ‘Executive Branch of Abu Dhabi, United Arab Emirates’

    Date: 2014.12.27 | Category: Abu Dhabi, Authoritarianism, Delhi High Court, Dictators, Diplomatic Protection, Extortion Abu Dhabi, Freedom of Expression, Human Rights, Human Rights Watch, India, India & UAE, Indian Diplomacy, Indo-Gulf Reparations, International Law, International Tourists, Investors sue UAE, Judgment Creditor, Judgment Creditor’s Case, Judgment Debtor, Justice V.R. Krishna Iyer, Legacy of Torture in UAE, Middle East Monitor, Migrant Workers, Multi-billion Dollars Case, Other, P.K. Jabir, Reparation Mechanisms, Sheikh Mohammed bin Zayed, Sheikh Saif, UAE Constitution, UAE Judgments For Sale, United Arab Emirates, White Paper, Willful Defaulters | Response: 0

    Unique is the case of ‘Judgment Creditor’; disgracefully the perpetrator is the ‘Executive Branch of Abu Dhabi, United Arab Emirates’ – White Paper
    Saturday, December 27, 2014: New Delhi ‘Download the authentic White Paper in PDF (Size: 468 kb)’

    Unique is the case of 'Judgment Creditor'; disgracefully the perpetrator is the 'Executive Branch of Abu Dhabi, United Arab Emirates'

    Unique is the case of ‘Judgment Creditor’; disgracefully the perpetrator is the ‘Executive Branch of Abu Dhabi, United Arab Emirates’

    “Support the Judgment Creditor to strengthen the Integrity of the Judiciary and people’s confidence in our Justice System”. The Judgment Creditor, who obtained four consecutive Judgments against ‘Willful Defaulters’ is very unique in all respects. [White Paper released by ‘Jabir P’, the ‘Judgment Creditor’]

    The Judgment Creditor approached various ‘Institutions’ [a brief-list is given below] narrating his ‘traumatic experiences’ and a life of hardship in order to enforce the portfolio of Judgments from the Courts of Abu Dhabi, UAE. “If these ‘institutions’ are not worthy of their names and status, what is the relevance of their existence and how they could be classified worthy?”

    The Judgment Creditor is a survivor victim of the ‘cruelest torture’, unethical and inhuman treatments of Abu Dhabi executive branch. In the process, he was betrayed by the UAE Administration and the Government of India alike at every stage. He lost all precious things in life including his dignity, health and wealth.

    The adamant nature of the ‘Judgment Debtor’, the ‘Administration of UAE’, in not executing the Portfolios of Judgments of the Higher Courts of that very Country is cowardice, illegal and a threat and disgrace to the ‘Judicial System of the UAE’ and the entire law-abiding human community of the world. Appropriate action has to be initiated by the authorities concerned at this later stage to reach Justice to the Judgment Creditor.

    The Case of the Judgment Creditor

    The case of the Judgment Creditor, an Indian businessman and investor at Abu Dhabi, U.A.E., is a unique-one in all respects. It was a story of frightening, blatant violation of the ‘Law’ and the most shocking travesty of ‘Constitution’ of the United Arab Emirates to which the victim was exposed to. The investor was threatened of dire consequences if he did not agree to withdraw a civil suit that he brought against his Emirati business partner. The investor did not accede to the extortion threats of some corrupt local police officials of the Emirate. Due to the seriousness of the case, the Civil Court of Abu Dhabi was pleased to issue an Interim Decision and Order in favour of the investor.

    In total negation of the judicial order, the accused in collusion with the local police attacked the Judgment Creditor at his office; robbed of cash and valuables to force him to withdraw the lawsuit. He sought intervention from the police. The police did come, but instead of helping him, he was shackled and literally dragged out of the office and on through the street in the presence of known friends and bystanders.

    The Judgment Creditor had to undergo extremes of ‘cruel torture‘, inflicted permanent physical damage and humiliation from Abu Dhabi Police which no human being can withstand. He was confined to a detention center and brutally tortured and later taken to ‘Central Prison’. These painful incidents totally destroyed the life of the Judgment Creditor in all respects. The ‘Duty and Responsibility’ of the authority to protect a Judgment Creditor against the threats of violence was left unattended.

    It took six months thereafter, for the person to have his first appearance in Court. He was framed a false case, alleging “Using force against Government employee and assault”. The Trial Court of Abu Dhabi found that the victim is innocent, the case was wholly false, baseless and that it was fabricated by the police for personal gain. The Apex Court of Abu Dhabi found that the victim is innocent; rather ‘a martyr. The Court, comprising three-judge panel, praised the properness of the behavior and courage of victim. It further reiterated the condemnation of prosecution. The Court ordered immediate release of the victim, ‘restoration’ of victim’s dignity and compensation for all his losses while pronouncing a ‘Landmark Judgment’.

    Customarily, in UAE, the debtors will be jailed until they have paid their debt. But the debtor in this ‘Landmark Judgment’ 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). To avoid honoring its moral obligations and assigned responsibilities, the UAE Administration served an arrogant, ‘Despotic Order of Deportation’ against the Judgment Creditor.

    The victim was then re-victimized in a manner that was extremely ‘libelous’ – by ‘false statements as if he was punished for a crime’ and deported back to India. The ‘Judgment Creditor’ was entitled to execution of the Judgments and levies the Police Department of Abu Dhabi, worth hundreds of million US Dollars as compensation to restore his life, his dignity and his ‘business establishments’.

    The illegal deportation of an established businessman from the country that caused a situation associated with great pain, loss of dignity, loss of his entire business institutions etc. Flouting the orders of a judicial body is totally destructive of the ‘Rules of Law’ and Norms internationally upheld for safeguarding ‘Human Rights’; defrauding the Judgment Creditor is a personal and vindictive action and thus the Executive of the State was committed the most heinous, bizarre, and unspeakable crime.

    The ‘legal fight for justice’ took in very many proceedings before the Supreme Court of India and the High Court of Delhi. The subject matter of his grave complaints were adjudicated by the major Courts in India as well, which concurrently found the multiple forms of crime taking place under the UAE Administration such as fraud, forgery, extortion, torture and many other offences and subsequently secured two more Judgments from the High Court of Delhi in the year of 1997 and 2007 respectively. Despite the directive of the Delhi High Court, the Government of India has not discharged its duties as indicated in the judicial orders.

    The anguish resultant from the deprivation of his establishments, assets and reputation earned exclusively through the untiring personal efforts of the Judgment Creditor for over 18 years of prime of his life, causes extreme mental depression which will virtually make his life only a vegetable existence. The UAE Government which owes huge debts to the Judgment Creditor by way of the non-execution of the Judgments of the Courts of Abu Dhabi in his favour, and for those unspeakable crimes committed against him, is also solely and exclusively responsible for the closure of “his various ‘business establishments’ in Abu Dhabi, United Arab Emirates”.

    The victim, the Judgment Creditor, has one demand: The Government of India should consider taking the necessary steps to execute the Judgments passed by the higher Courts of Abu Dhabi through all means, including the International Court of Justice (ICJ), on behalf of the Judgment Creditor and punish the guilty that was caused ‘Multi-billion Dollars’ worth of damage to the Judgment Creditor in order to strengthening the “Integrity of the Judiciary and people’s confidence in our ‘Justice System”.

    The Judgment Creditor approached various ‘Institutions’ including the Government of India, the Higher Judiciary, the NHRC, respectable Ministers, Parliamentarians and even the ‘United Nations’ [a brief list is given below] for redressal narrating his traumatic experiences and a life of hardship of the Judgment Creditor, in order to enforce the portfolio of Judgments which he could secure from the Apex Court of Abu Dhabi on the basis of genuine facts and convincing evidences produced there in.

    “If these ‘institutions’ are not worthy of their names and status, what is the relevance of their existence and how they could be classified worthy?”

    Communications between the Judgment Creditor and the following Institutions:-

    1) Reminder to the Government of India in relation with the Representation – July 16, 2014
    http://www.legalcell.com/reminder-to-mea-india-gulf-division-july-16-2014.php

    2) A self-contained explanatory representation to the Ministry of External Affairs, New Delhi 28 October, 2013
    http://www.lawyersindia.com/outsourcing/self-explanatory-representation-10-10-13-of-petitioner-ministry-of-external-affairs.html

    3) The second (important) reminder notice to the Secretary, Ministry of External Affairs, New Delhi
    http://www.lawyersindia.com/outsourcing/second-important-reminder-ministry-of-external-affairs-india-10-june-2013.html

    4) Important Reminder Notice to the Secretary, Ministry of External Affairs, Govt. of India, New Delhi.
    http://www.reparationlaw.com/statepractices/functions_diplomatic_missions_vienna_convention_uae_case.php

    5) Shri Salman Khurshid, Hon’ble Minister for External Affairs, Government of India
    http://www.reparationlaw.com/statepractices/indo_gulf_reparation_mechanisms_featured_responses.php

    6) Representation for ‘Indo-Gulf Reparation Mechanisms’ to the Government of India sheds light on the active involvement of the ‘petitioner’ in the process of getting justice and its far-reaching consequences – dated 28-10-2013
    http://www.reparationlaw.com/statepractices/representation_indo_gulf_reparation_mechanisms.php

    7) Preface by Mr. V.R. Krishna Iyer, Former Justice, Supreme Court of India
    http://www.reparationlaw.com/statepractices/preface_by_v_r_krishna_Iyer.php

    8) Covering Letter by Mr. K. Sukumaran, Former Justice of Kerala and Bombay High Courts
    http://www.reparationlaw.com/statepractices/covering_letter_by_justice_k_sukumaran.php

    9) In the High Court of Delhi Case No: WP(C) NO.6149/1998 Date of Judgment 19/09/2007
    http://www.reparationlaw.com/statepractices/jabir_vs_mea_india_19_09_2007_delhi_high_court.php

    10) Secretary to the Minister of State, Ministry of External Affairs: 25/06/1999
    http://www.lawyersindia.com/outsourcing/ministry_external_affairs_01.html

    11) Fax Message to UAE Ambassador, New Delhi, India 23/10/1999
    http://www.lawyersindia.com/outsourcing/fax_message_uae_ambassador_delhi_1999.html

    12) Non Resident Keralites’ Affairs (NORKA) Dept, Government of Kerala: 18/12/1999
    http://www.lawyersindia.com/outsourcing/norka_amitabh_kant_1999.html

    13) Amnesty International, Secretariat, London: 16/08/1999
    http://www.lawyersindia.com/outsourcing/amnesty_international.html

    14) The Minister of State, Foreign Affairs, UAE: 31/03/1999
    http://www.lawyersindia.com/outsourcing/letter_to_foreign_affairs_uae_1999.html

    15) NHRC To Ministry of Home Affairs, New Delhi: 25/06/1998
    http://www.lawyersindia.com/outsourcing/nhrc_to_ministry_home_affairs_new_delhi_1998.html

    16) Shri. I.K. Gujral, Member of Parliament, Lok Sabha: 23/06/1998
    http://www.lawyersindia.com/outsourcing/ik_gujral_parliament_1998.html

    17) Ambassador of India, Abu Dhabi – United Arab Emirates: 21/09/1998
    http://www.lawyersindia.com/outsourcing/ambassador_of_india_abu_dhabi.html

    18) Shri. O.Rajagopal, Member of Parliament, Rajya Sabha: 19/06/1998
    http://www.lawyersindia.com/outsourcing/o_rajagopal_parliament_1998.html

    19) Smt. Vasundhara Raje, Minister of State for External Affairs: 16/06/1998
    http://www.lawyersindia.com/outsourcing/vasundhara_raje_minister_external_affairs_1998.html

    20) Prime Minister’s Office, New Delhi, India: 15/06/1998
    http://www.lawyersindia.com/outsourcing/prime_miniters_office_new_delhi_1998.html

    21) Secretary to the Minister of State, Ministry of External Affairs: 29/01/1998
    http://www.lawyersindia.com/outsourcing/ministry_external_affairs_new_delhi_1998.html

    22) Justice V.R. Krishna Iyer to National Human Rights Commission: 4/03/1997
    http://www.lawyersindia.com/outsourcing/justice_v_r_krishna_iyer_1997.html

    23) Centre for Human Rights, United Nations [U.N.], Geneve: 28/02/1997
    http://www.lawyersindia.com/outsourcing/united_nations_office_geneva_1997.html

    Appellate Civil/Criminal Jurisdiction, India & United Arab Emirates [UAE]

    24) In the High Court of Delhi Case No: WP(C) NO.6149/1998 Date of Judgement 19/09/2007
    http://www.reparationlaw.com/statepractices/jabir_vs_mea_india_19_09_2007_delhi_high_court.php

    25) In the High Court of Delhi, Appellate Civil Jurisdiction: 20/11/1997
    http://www.lawyersindia.com/outsourcing/document_high_court_india.html

    26) Key excerpts from the Judgment, Ministry of Justice, Abu Dhabi, UAE 1996
    http://www.judgmentforsale.com/excerpts_judgment_summary_abudhabi_uae.html

    27) Judgment in Arabic (Final, Legal Court of Appeal) of Ministry of Justice, Abu Dhabi, UAE
    http://www.uaeleaks.com/judgment_final_arabic.html

    28) Judgment in English (Final, Legal Court of Appeal) of Ministry of Justice, Abu Dhabi, UAE
    http://www.uaeleaks.com/judgment_english_translation_01.html


    Join Us: A Portfolio of UAE Judgments for Sale!

    Funds are proposed to be raised by distribution of shares. “How do I become a voluntary contributor?”
    http://www.legalcell.com/i-am-a-voluntary-contributor.php

     

    judgment_appraisals.html

     

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

    Date: 2014.08.01 | Category: Abu Dhabi, ADIA, April, Arbitration, Authoritarianism, Boycott Etihad Airways, Boycott Etihad Flight, Citigroup, December, Delhi High Court, Dictators, Diplomatic Protection, Etihad Airways, February, 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, January, Jet-Etihad Deal, Judgment Creditor, Judgment Debtor, Justice V.R. Krishna Iyer, Legacy of Torture in UAE, Migrant Workers, Mrs Justice Rose, Other, Overseas Indians’ Legal Cell, P.K. Jabir, Protests, punishment, Reparation Mechanisms, Sarah Leah Whitson, Saudi Arabia, September, Sheikh Mohammed bin Zayed, Sheikh Saif, UAE Judgments For Sale, United Arab Emirates, US Caselaw, Vienna Conventions | Response: 0

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Endnotes:

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

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

    Reference Links:

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

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

    Features on ‘Human Rights in the UAE’

    Resource Links:

    UAE Judgments For Sale! – What does it mean?

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

    Court Judgments are not worthless piece of papers!

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

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

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

    “Be you never so high, the law is above you,” as Dr. Thomas Fuller wrote in 1733

    It’s widely accepted principles of law, that an act or omission contrary to international law is “breach of an engagement” that triggers “an obligation to make reparation in an adequate form”. … JFS

     

  • Abu Dhabi’s Mubadala eyes bigger regional military supply chain role

    Date: 2014.04.06 | Category: Abu Dhabi, Abu Dhabi Coup Funding, ADIA, Al-Jazeera, Authoritarianism, Bahrain, Boycott Etihad Airways, Boycott Etihad Flight, Democracy, Dictators, Etihad Airways, Freedom of Expression, Human Rights, Human Rights Watch, India & UAE, International Law, Journey From Hell, Judgment Creditor, Legacy of Torture in UAE, Migrant Workers, Mubadala, Sarah Leah Whitson, Sheikh Saif, Sovereign Wealth Fund, UAE Judgments For Sale, United Arab Emirates | Response: 0

    democracy-vs-uae_regime-Strap-on-bomb-kit-systemsAbu Dhabi’s Mubadala eyes bigger regional military supply chain role
    April 6, 2014 Abu Dhabi

    Mubadala, a public joint stock company (PJSC), by the Government of of Abu Dhabi, UAE, is looking at how it can become a bigger player in the region’s military supply chain, its top aerospace executive said on Sunday. “What we would like to do is see how we can synergize these activities and line them up in a manner where we can actually start building a bigger presence in the region,” said Homaid Al Shemmari, CEO, Mubadala Aerospace and Engineering Services.

    ‘Democracy Vs. Authoritarianism’
    A photograph of ‘Al Tariq’ Strap-on bomb kit systems, manufactured by Tawazun Dynamics

    Mubadala, Tawzaun and Emirates Advanced Investment announced last week that they had signed a Memorandum of Understanding to explore a unification of their defence services businesses. Al Shermmari, speaking at a media roundtable in Abu Dhabi on Sunday, confirmed that discussions between the three companies will start immediately. However, he stopped short of confirming a full-fledged merger of the three.

    He said the companies will be open about their strategies so that they can find a mutually beneficially model.

    Al Shemmari said he is interested in providing training, maintenance, supply chain, storage management and maintenance, repair and overhaul services to the region.

    Photograph: Democracy Vs. Authoritarianism

    ‘Al Tariq’ Strap-on bomb kit systems, manufactured by Tawazun Dynamics
    The UAE Armed Forces has recently placed an order for the production of an undisclosed quantity of Tawazun Dynamics’ Al Tariq precision-guided weapon systems at a total value of Dh 1.8 billion (US$500 million). Al Tariq is a family of strap-on bomb kit systems, custom made for Mk81, Mk82 and Mk83 bombs. Expertly utilising GPS/INS guidance, increased targeting accuracy by utilising Semi Active Laser or Imaging Infrared seekers. Al Tariq provides users with all weather, day/night operational capabilities.

    About Mubadala Development Company
    ‘Mubadala’ was established in October 2002 as a public joint stock company (PJSC), by the Government of the Emirate of Abu Dhabi, UAE, as a principal agent. Focused on investment and development across multiple sectors, Mubadala’s portfolio is valued at more than US $55 billion. Mubadala is an active investor in sectors and geographies that hold exciting potential and tangible returns, working in partnership with a number of world-class organizations. As of 2013, Mubadala has operations spanning in more than 17 countries. H.H. Sheikh Mohamed Bin Zayed Al Nahyan, Abu Dhabi’s Crown Prince and Deputy Supreme Commander of the Armed Forces, is Chairman of the company. Mubadala is the Arabic word for “exchange.”

    About Tawazun Dynamics
    Tawazun Dynamics was set up in September 2012 as a joint venture between Tawazun Holding and the Dynamics division of South Africa’s largest defence manufacturer, Denel.
    Tawazun Dynamics, a member of the Tawazun Group, is operating its Abu Dhabi-based facility for the development, manufacture, assembly and integration of precision-guided systems for conventional air munitions. The company is 51% owned by Tawazun and 49% by Denel.

    IDEX

    The International Defence Exhibition and Conference (IDEX), Abu Dhabi,is the region’s largest tri-service defence show for the industry to showcase emerging technology, equipment, trends and strategy. “Mubadala is the principal participant of the IDEX along with eight of its subsidiary companies that support the UAE Armed Forces and regional militaries. From 2011 onward, the Naval Defence Exhibition (NAVDEX) running in parallel, the combined events will feature a comprehensive array of land, sea and air defence systems and equipment.

    NAVDEX
    NAVDEX, the Maritime Security Area features local and international exhibitors who specialise in naval, maritime and coastal security technology, equipment and crafts. NAVDEX also features, on-water exhibits, daily demonstrations and visiting navy vessels. Abu Dhabi Ship Building, a Mubadala subsidiary, is a leading participant at the NAVDEX. IDEX and NAVDEX takes place biennially at the Abu Dhabi National Exhibition Centre (ADNEC), which is centrally located in Abu Dhabi, the capital of the United Arab Emirates.

    About Abu Dhabi
    The United Arab Emirates (UAE) is a federation of seven Emirates situated on the Arabian peninsula. The Emirate of Abu Dhabi has a population of 2 million and holds 9% of the world’s oil reserves and 5% of the world’s gas reserves. Abu Dhabi is the capital of the United Arab Emirates (UAE).

    Links to State-sponsored Terrorism

    UAE’s state-sponsored terrorism. Terror practiced by the Regime of Abu Dhabi, United Arab Emirates, against its own people, foreign nationals and its neighboring countries

    UAE Funding for Coup in the Middle East

    Reports on ‘Human Rights in the UAE’

    Boycott Etihad Airways” – Campaign Ads
    [Recommended reading lists compiled by 'Boycott UAE .Com']

    Arsonist onboard Etihad Airways Flight

    Support the victim; buy ‘Landmark Judgments’ of Abu Dhabi Courts!
    [A unique investment plan with high returns, who respect the judiciary]

    Outright sale of the judgment [Unexecuted] is not envisioned. Funds are proposed to be raised by distribution of shares. One can invest a sum as small as $USD 1,000.00 in a valid Legal Judgment. “A Portfolio of UAE Judgments for Sale” The UAE Judgment have been guaranteed three times more value of investment along with 4.5% yearly bonus. In some cases, the earnings will go up Ten Times (ie. $1,000 x 10 = $USD 10,000.00) worth their investment. ..Read Terms & Conditions

    ‘Oh, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial’. The Executive of the State was duty bound to adhere to the orders of the Judiciary of the land. Flouting the orders of a judicial body is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights. “Reputation of Abu Dhabi, United Arab Emirates!”

    Principal Sources
    “Boycott Etihad Flight” – Recommended reading lists compiled by ‘Boycott UAE’

  • India’s envoy to UAE backed Jet-Etihad deal?

    Date: 2014.03.08 | Category: Abu Dhabi, Abu Dhabi Coup Funding, ADIA, Al-Jazeera, Arbitration, Boycott Etihad Flight, Democracy, Dictators, Etihad Airways, Human Rights, Human Rights Watch, India, India & UAE, Indian Diplomacy, Indo-Gulf Reparations, Jet-Etihad Deal, Journey From Hell, Judgment Creditor, Legacy of Torture in UAE, Middle East Monitor, Migrant Workers, Other, Overseas Indians’ Legal Cell, Reparation Mechanisms, Sarah Leah Whitson, Sovereign Wealth Fund, UAE Judgments For Sale, United Arab Emirates | Response: 0

    India’s envoy to UAE backed Jet-Etihad deal?
    Mar 8, 2014, The Times of India

    NEW DELHI: Was Jet Airways’ stake sale deal with Abu Dhabi’s Etihad cleared following pressure from diplomatic quarters? It has now emerged that India’s envoy to UAE, T P Seetharam, had written a note to the finance ministry last month pushing for the deal – a week after market regulator Sebi issued a show-cause notice to Etihad on the key issue of “effective control” of Jet after the Abu Dhabi-based carrier’s $379-million deal to pick up 24% in Jet.

    Sebi had on February 14, 2014, issued the show cause notice over reported violation of takeover norms as it felt there was a “change in control” at Jet after the deal. The regulator wanted to know why action should not be taken on this issue – something that could have derailed the Jet-Etihad deal, the first instance of investment by a foreign airline in an Indian carrier after the FDI rules were changed.

    The Sebi notice was issued after (Competition Commission of India) believed that Etihad was in joint control of Jet with its promoter Naresh Goyal. The takeover code requires that the acquirer must make an open offer in this situation. Airline sources say the show cause notice has been replied to. A week later, Seetharam wrote to the department of economic affairs, batting for the deal. “Would be advisable to resolve this matter expeditiously… ministry should seek clarification from Competition Commission of India (CCI) on what is ‘joint control’ after Etihad has reduced its board members… Whether the joint control is only over corporate governance of Jet Airways, which is not the case because of change in transaction documents,” the envoy wrote.

    Meanwhile, aviation sources admit that there was diplomatic pressure over the Jet-Etihad deal. “Abu Dhabi was not happy with the time being taken over this deal, especially after the Etisalat fiasco. Then Prime Minister Manmohan Singh also cancelled a visit to Abu Dhabi last year. All these factors led to anger in Abu Dhabi and India sent its top emissaries like foreign and trade ministers to soothe frayed nerves. The envoy’s letter may have been sent because he was in touch with authorities there and knew the extent of the discomfort there on the issue of investment in India,” said a source. Jet announced the deal with Etihad on April 24, 2013. It became controversial because the aviation ministry gave away additional flying right of 37,000 seats (spread over three years) to Abu Dhabi on the same day, just hours after deal.

    It was cleared by FIPB last July, only after the Jet-Etihad agreement was changed to ensure that “effective control and ownership” remains with the Indian entity Jet. Under FDI rules, foreign airline’s stake cannot top 49%. Then by November 20, the CCI, Sebi and CCEA also cleared the deal. Jet announced closure of the deal on November 20, 2014.

    The changes made to get all regulatory nods included the airlines dropping the clause that their shareholding agreement (SHA) will be governed by British law and instead put it under Indian laws. Any change in the Jet-Etihad SHA or pattern will have to be approved by the Indian government.

    Jet promoter Naresh Goyal will have a “casting vote on any matter”. The place of business of Jet will remain in India and not shifted to Abu Dhabi.

    Source: India’s envoy to UAE backed Jet-Etihad deal?

    Arsonist onboard Etihad Airways Flight

    “Boycott Etihad Flight” – Recommended reading lists compiled by ‘Boycott UAE’

    [Links on UAE's state-sponsored terrorism. Terror practiced by the Regime of Abu Dhabi, United Arab Emirates, against its own people, foreign nationals and its neighboring countries]

    UAE Funding for Coup in the Middle East

    Reports on ‘Human Rights in the UAE’

    How to buy ‘Landmark Judgments’ of Abu Dhabi Court?
    [A unique investment to all Indians who are proud to be an Indian!]

    Outright sale of the judgment [Unexecuted] is not envisioned. Funds are proposed to be raised by distribution of shares. One can invest a sum as small as $USD 1,000.00 in a valid Legal Judgment. “A Portfolio of UAE Judgments for Sale” The UAE Judgment have been guaranteed three times more value of investment along with 4.5% yearly bonus. In some cases, the earnings will go up Ten Times (ie. $1,000 x 10 = $USD 10,000.00) worth their investment. ..Read Terms & Conditions

    ‘Oh, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial’. The Executive of the State was duty bound to adhere to the orders of the Judiciary of the land. Flouting the orders of a judicial body is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights. “Reputation of Abu Dhabi, United Arab Emirates!”

    Principal Sources

    “Boycott Etihad Flight” – Recommended reading lists compiled by ‘Boycott UAE’

  • The legacy of torture in the UAE; you may have never heard of!

    Date: 2013.11.07 | Category: Abu Dhabi, Abu Dhabi Coup Funding, Al-Jazeera, Delhi High Court, Democracy, Dictators, Diplomatic Protection, Freedom of Expression, Human Rights, India, India & UAE, Indian Diplomacy, International Law, Investors duped, Investors sue UAE, Judgment Creditor, Justice V.R. Krishna Iyer, Legacy of Torture in UAE, Middle East Monitor, Migrant Workers, Other, Overseas Indians’ Legal Cell, P.K. Jabir, Protests, punishment, United Arab Emirates | Response: 0

    The legacy of torture in the UAE; you may have never heard of!
    07 November, 2013 New Delhi

    the-legacy-of-torture-in-abu-dhabi-uae[A true story of an Indian national, a torture survivor of inside the regime’’s brutal prison in Abu Dhabi, United Arab Emirates and most importantly a THREE times of ‘Judgment Creditor’ (winner) from the Legal Courts of Abu Dhabi, United Arab Emirates. Unfortunately, the law of the land is worth nothing, instead of enforcing the Court Orders, the victim had to undergo extremes of violence and abuse by State Police of Abu Dhabi, which no human being can withstand.

    Flouting court orders is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights. The duty and responsibility of the authority to protect a ‘Judgment Creditor’’ against the threats of violence was left unattended. Finally, the victim was deported back to India by ‘false statement of facts as if he was punished for a crime’.

    In India, the petitioner has made numerous representations to the Union Government of India. [‘India’s national shame’ Feature]

    The following representation to the Government of India sheds light on the active involvement of the petitioner, a ‘Judgment Creditor’, in the process of getting justice and its far-reaching consequences.

    To
    Shri. S. Sarkar,
    Section Officer, Gulf Division,
    M/S. Ministry of External Affairs,
    Government of India, New Delhi.

    Ref. Your Letter No.G/3139/2013/MEA (Gulf Division) dated 10th October, 2013

    Sub. Representation to the Ministry of External Affairs, Delhi, 2013
    [Download PDF – 568 KB]

    Respected Sir,

    In response to your above letter, a self-contained explanatory representation is submitted herein below. I have covered almost all the salient aspects of my case in order to give you a quick appraisal. (I, Panikkaveettil K. Jabir, hereinafter referred as ‘the petitioner’)

    The petitioner was a businessman and investor engaged in the business of ‘Trading and General Contracting’ in Abu Dhabi, UAE and 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.

    The petitioner is basically a qualified Mechanical Engineer, obtained his higher Diploma in Electro-Mechanical Engineering (M.E), from Victoria College of Engineering, Bombay. He had valuable experience in the said field by working in projects of International Repute like Voltas and Lufthansa in Mumbai, India.

    The petitioner on 01.06.1979 proceeded to UAE for starting business there with his expertise in the above said filed. Due to his dedication and hard work, he could establish a prosperous engineering firm “Ramla Electro-Mechanical Engineering Est” in Abu Dhabi, U.A.E., in 1982.

    Later, in 1987 a trading firm under the license of “Summer Pool Building Material Trading Est” was started. He entered in general contracting business, as his 3rd concern, “Premier General Contracting & Maintenance Est” was started in 1990. A brief resume edifying his professional activities is given separately with accompanying trade license copies marked for the convenience of reference as ‘Exhibit Series No.1’

    On 26th October 1995, a great calamity befell the petitioner. There was a business contract signed with an Emirati, ‘Mr Hassan Saeed’, 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, with condition to renew semi-annually.

    The ill-intention of the local was that, he wanted to cancel the lease deed of his building, when the restoration of entire building was over. An amount worth hundreds of thousands of UAE Dirhams had been spent by the petitioner on behalf of his principal company, the ‘Premier General Contracting Est’., for all renovation works that includes the cost of material and manpower.

    When a dispute arose with Mr Hassan Saeed, the petitioner, on the basis of legal advice, instituted a Civil Suit in Abu Dhabi Court for settling the issue. The conspiracy on the part of Mr. Hassan Saeed, to avoid paying debts was one of the important and thrusting points in the civil suit. The Honorable judge of the civil court took a decision in favour of the petitioner, and consented the related payment to the court’s treasury.

    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. There was a gross violation of Human Rights.

    Hassan Saeed was claiming to be a close associate of the ‘Crown Prince’ of Abu Dhabi. He abused the acquaintance and intimacy with the office of ‘Crown Prince’ for making wrongful gain at the expense of the petitioner. Certain corrupt police officials colluded with him. Making a forcible entry into the petitioner’s place, the petitioner was threatened to withdraw the Civil Suit. The petitioner could not yield to such illegal and unjust demands and therefore refused to accede.

    Taking advantage of the situation prevailing in that country, and securing the help of police even by resorting to all unfair means, Hassan Saeed and his men in police ransacked the entire office of the petitioner and robbed him of all cash and valuables. 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 hands with metal shackles.

    The petitioner was shackled and literally dragged out of his office along the street in the presence of known friends and bystanders. He was confined to a detention center where he was again brutally tortured. There was a policeman who shouted “We know how to teach Indians” and asked 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. (X-rays & Report of the medical examiner has been secured and is available for inspection).

    When those atrocities were being committed in the station, the petitioner’s sponsor, Mr. Easa Ahmed, a person belonging to Abu Dhabi met the duty officer of ‘Asma Police Station’, who is of Captain’s rank. He was then told a concocted story. That the 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 highly placed 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 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 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.

    The petitioner had to undergo extremes of cruel torture and humiliation from Abu Dhabi Police which no human being can withstand. However, he was spared from death.

    Al Wathba Central Prison, Abu Dhabi

    The Al Wathba Central Prison in Abu Dhabi was overcrowded with over three thousand prisoners – three or four times of its actual holding capacity. 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 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 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. 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. A true copy of ‘My Prison-life’ is produced as ‘Exhibit No.2’

    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 get stammered, causing heavy loss. Untold sufferings were also inflicted on the petitioner as an under-trial prisoner.

    The public prosecution demonstrated extraordinary misconduct in its investigation. The victim was brought to the court on 27 occasions, dragged with shackles, manacled and cuffed on both hands and legs. Such inhuman treatment was inflicted even on women contrary to all injunctions of Islamic faith.

    The trip was 120 km in an armoured truck to the court and the return there from through desert in harsh weather. Even when its capacity was 15 persons, about 50 persons were packed like salted fish making each one gasp for breath during the journey.

    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”.

    The petitioner 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. 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. The State, Abu Dhabi, UAE, is answerable vicariously and otherwise for all such violations of law.

    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.

    The innocence of the petitioner had been ultimately upheld by the Judges of both the Trial Court and the Apex Court of Abu Dhabi. On 10/4/1996 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 leveled 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 and 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 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 was 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 Appellate 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 person was innocent; ‘a martyr’. 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’.

    An excerpt from the appellate judgment is 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 article 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”.

    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. A true copy of English translation of ‘the Final Judgment’ is produced as ‘Exhibit No.3’ (Arabic)

    Deportation Order

    In the wake of the concurrent judicial findings of the Court, he should have been restored to his former status and position and adequately compensated for the mental agony and suffering 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, it was decided to deport the petitioner from the UAE. 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 (Ref).

    The deportation order it 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, 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, which strengthens this case further.

    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 permits recovery for reputational harm and economic losses flowing from the falsity of a defamatory statement. A true copy of English translation of ‘the Deportation Order, by ‘Captain Hamad Ahmed is produced as Exhibit No.4’ (Arabic)

    ‘No Entry Stamp & Cancellation of Residence Visa’

    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 remove 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.

    Endorsing ‘No Entry’ on a passport would make the bearer ineligible, resulting a greater adverse impact on his dignity. The Immigration of Abu Dhabi, UAE has no authority to affix a “No Entry” stamp in a valid Indian passport without any valid reason. A passport or travel document Under Clause No.17 of the Indian Passport Act, 1967 is a property of the Central Government.

    The Orders of the Hon’ble ‘Supreme Court of India & High Court of Delhi’

    After reaching India, the petitioner has made numerous representations to the Union Government of India asking them to grant him leave to institute legal proceedings against the state of UAE. These included several representations made in person to the various Ministers who were administering the External Affairs Ministry.

    In October 1996 a writ petition was filed by the petitioner before the Hon’ble Supreme Court of India. The Supreme Court of India took cognizance of the case and suggested the Delhi High Court deal with it. The petitioner has thereafter moved the Hon’ble High Court of New Delhi under Article 226 of the Constitution.

    The Hon’ble High Court of Delhi, was pleased to issue a mandamus, vide judgment dated 20-11-1997 to the Government, the Ministry of External Affairs (MEA) to settle the matters within two months of the date of the Judgment. A true copy of ‘the High Court Judgment’ is produced as ‘Exhibit No.5’

    In total negation of such a specific order of the Delhi High Court, the External Affairs Ministry of India, despite the lapse of many years of date of the judgment, demonstrated a blatant disrespect to the law of the country. A true copy of ‘Letter dated January 29, 1998 from Shri. N.U. Avirachan, Under Secretary, Ministry of External Affairs, Government of India, addressed to Shri. Bala Subramanian, Second Sef India (Cons), Embassy of Abu Dhabi, is produced as ‘Exhibit No.6’

    In January 28, 2004 the High Court of Delhi observed in its order [WP(C) NO.6149/1998] that the Government should inform the Court of the steps taken to protect the rights of the petitioner.

    In 19/09/2007, the judgment of the Delhi High Court which had extracted the letter of the MEA dated 29/07/1998 reading: “Shri. Jabir should pursue his legal action has already done by him through the UAE Courts. Although under Section 86 cannot be granted for suing the UAE Government, we are taking up the matter with our Embassy in Abu Dhabi once again, requesting them to pursue this case at appropriate level”. (Case No: WP(C) NO.6149/1998 – Copy of Judgment 19/09/2007 – Delhi High Court)

    The stand taken by the Ministry of External Affairs in the case that “the petitioner is free to take his case further with the Abu Dhabi Court for execution of his impending judgments”, was only an attempt to get rid of its responsibility of supporting the petitioner for proper legal remedies.

    The very essence of the ‘Vienna Convention 1961’ was not given due weight. Instead, the victim was advised to fight his case on his own at Abu Dhabi. (The Vienna Convention on Diplomatic Relations is fundamental to the conduct of foreign relations and ensures that diplomats can conduct their duties without threat of influence by the host government)

    On the other hand, one feels it a contradiction that, fighting against many unfavourable situations prevalent in Abu Dhabi, UAE, the petitioner could get three consecutive judgment orders in his favour from the Criminal Courts of Abu Dhabi, namely the Court of First Instance, the Bail Order of the Apex Court and the Final Judgment of the Apex Court. None of them was executed. And most importantly, earlier there was a ‘Civil Court Order of Abu Dhabi’ in favour of the petitioner, and as a result of this order, the petitioner had to undergo excruciating agony, the most uncivilized method of torture, and finally indulged in illegal confinement that lasted for over a year. The duty and responsibility of the authority to protect the petitioner against the threats of violence was left unattended and therefore, the Apex Court of Abu Dhabi illustrated that the petitioner is a living ‘martyr’ in its final judgment.

    According to the ‘Federal Law No (35) of 1992’, concerning the criminal procedural law in the UAE, the public prosecution is in-charge of enforcing Judgments in all criminal cases brought before the court – Article (272).

    Instead of doing this honest duty, entrusted with the public prosecution by the law of the land, the petitioner was illegally deported to India, with the ulterior motive of avoiding reparations as ordered by the Courts of Abu Dhabi, UAE.

    Attribution of Conduct to the State

    The responsibility of States for acts of its organs is well accepted under international law. The ‘successor governments’ also remain bound by the acts incurred by the ‘predecessor governments’.

    “The responsibility of a State is involved in its territory for acts of its organs against the persons of foreigners if the State has neglected to take all reasonable measures for the prevention of the crime and the pursuit, arrest and bringing to justice of the criminal”.

    The fundamental reason behind this rule is to prevent States from escaping international responsibility. In fact, the whole body of international law on State responsibility is based on a realistic concept of accountability, which disregards legal formalities and aims at ensuring that States entrusting some functions to individuals or groups of individuals must answer for their actions, even when they act contrary to their directives.

    The doctrine of ‘international responsibility’ is applicable to any subject bearing legal personality in international law. As explained by Professor van Boven: “The subject who has suffered the injury is not the individual person, or for that matter, a group of persons, but the State of which the person or the group of persons is or are national(s). It is in this perspective that States may claim reparation from the offending State but the victims themselves have no standing to bring international claims.” 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) is attached as ‘Exhibit No.7’.

    As such, it is not at all feasible for the petitioner to reopen the long pending issue of “non-execution of the judgments now lying dormant in the Emirate of Abu Dhabi, on an individual basis. It is for the Government of India that has to take up this frightening, and blatant violation of the law and the constitutional rights of UAE, on diplomatic level, that too without loss of further time. The petitioner sincerely aspires for appropriate protective measures from the Government of India so that none of the migrant Indian will have to face, in future, the inhuman and deadly tortures to which the petitioner was exposed to.

    In view of the background information furnished as above, the petitioner is hopeful that the Hon’ble External Affairs Ministry could now have an updated picture, prima facie borne out by the records of the case, (and) the unhelpful attitude of the officials in India as well as abroad in abating his agonies.

    The petitioner’s case had been espoused by a great jurists and judge of the Supreme Court of India – Justice V.R. Krishna Iyer. Justice K. Sukumaran, a Judge of the High Courts of Kerala and Bombay took up the matter with Mr. Salman Khurshid, who took a just and humane view of the matter. (A copy of his article ‘Human Rights – Expanding horizons’ published on November 25, 1998 is attached as ‘Exhibit No.8’.

    Yours truly

    Panikkaveetil K. Jabir
    Overseas Indians’ Legal Cell,
    5th Floor, Metro Plaza Building,
    Market Road, Kochi, Kerala – 682 018.

    References

    1. The Constitution and Union laws of United Arab Emirates (UAE)
    2. Criminal Case Procedures – United Arab Emirates (UAE)
    3. International Covenant on Civil and Political Rights-1966;
    4. International Covenant on Economic, Social and Cultural Rights-1966
    5. Universal Declaration of Human Rights, a Magna Carta for all humanity-1948.
    6. The Basic Principles of Justice for Victims of Crime and Abuse of Power -1985
    7. Vienna Convention on Diplomatic Relations – Done at Vienna on 18 April 1961
    8. Letter No.G/3139/2013/MEA (From Shri S. Sarkar, Gulf Division) dated 10th October, 2013

    NOTE: Further details of the case and the documents other than what is listed above are available at: http://www.lawyersindia.com/outsourcing/

    Photograph: Lieutenant General Sheikh Saif Bin Zayed AlNahyan, the Minister of Interior, United Arab Emirates. Read more reports of systematic torture in UAE jails

    PRINCIPAL SOURCES:
    Main Section: ‘Indo-Gulf Reparation Mechanisms’
    Timeline:
    ‘Indo-Gulf Reparation Mechanisms’ Timeline Highlighting Submissions & Responses
    JFS: India’s National Shame -Feature
    (A similar version is also available at ‘Reparation Caselaw’)

    International Treaty Laws

    Articles on Diplomatic Protection 2006

    Vienna Convention on Consular Relations (VCCR) 1963

    Vienna Convention on Diplomatic Relations (VCDR) 1961

    Read more information on International Law

  • ‘INDO-GULF REPARATION MECHANISMS’ Timeline Highlighting Submissions & Responses

    Date: 2013.10.18 | Category: Abu Dhabi, Arbitration, Delhi High Court, Dictators, Diplomatic Protection, Freedom of Expression, Human Rights, India, India & UAE, Indian Diplomacy, Indo-Gulf Reparations, International Law, Investors duped, Investors sue UAE, Judgment Creditor, Justice V.R. Krishna Iyer, Legacy of Torture in UAE, Middle East Monitor, Migrant Workers, Overseas Indians’ Legal Cell, P.K. Jabir, Reparation Mechanisms, UAE Judgments For Sale, United Arab Emirates, Vienna Conventions | Response: 0

    ‘INDO-GULF REPARATION MECHANISMS’ Timeline Highlighting Submissions & Responses
    18 October, 2013 Delhi

    ENFORCEMENT OF UAE JUDGMENTS:
    TRANSNATIONAL LITIGATION AND ARBITRATION

    Help us reach our goals by making a contribution to enforce the UAE Judgment(s)

    The petitioner, a UAE torture survivor, is aimed to take his case to the next level of courts, the “International Court of Justice and arbitral tribunals”. We need your support to expose the debtors who hide Judicial decisions, commit fraud and
    other heinous acts to avoid honoring their obligations. …
    Please visit “A Portfolio of UAE Judgments For Sale!’

    External-Affairs-Minister-Salman-Khurshid-embassy-uae2Endeavours made by Shri. Panikkaveetil K. Jabir towards formulation and implementation of a 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 eliminate discrimination and imbalances of Non-Resident Indians (NRIs) working in different countries. This also involves the recognition and protection of the dignity of individuals.

    Description of documents – 30-1-2013
    Representation to (1) The Secretary to Government, Ministry of External Affairs, Govt. of India, South Block, New Delhi-110011 and others. []

    Reply from Hon’ble Minister Salman Khurshid – 15-2-2013

    Reply from Hon’ble Minister Salman Khurshid, Minister of External Affairs, acknowledging receipt of representation; Minister has asked to the concerned department to examine the same. []

    Important Reminder Notice [Reminder No.1] – 20-3-2013

    Important Reminder Notice to the Secretary, Ministry of External Affairs, Govt. of India, New Delhi. []

    Reply from the Ministry of External Affairs, Government of India – 02-05-2013

    Subsequently, a reply received from the Ministry of External Affairs 02-05-2013: [ ]
    Letter received from Shri A.R.Ghanashyam, Joint Secretary, MEA(Gulf & Hajj), intimating various arrangements/views the Government of India has established for the welfare of Indian community and assistance to the distressed Indians abroad. (The true content of letter followed here below) ·

    Migrant Cell: Government of India has established the Ministry of Overseas Indian Affairs which deals with the welfare of Indian Community and issues concerning Overseas Citizenship of India, Persons of Indian Origin and Indians abroad.

    MOU with GCC: Several institutional arrangements are in place (including Agreements) with Gulf Countries for assistance to Indian Citizens in the Gulf. · Visits: Ministerial Level visits are periodically undertaken by Ministry of Overseas Indian Affairs, Ministry of External Affairs and also Ministers from some State Governments to Gulf Countries. ·

    Educational Arrangements: The Officials dealing with matters pertaining to the welfare of Indian Community abroad are competent and dedicated to their work, with a good understanding of relevant issues. ·

    Participation in other Charters: It is not our policy to interfere in the functioning of Charters of other countries concerning the welfare of their citizens. · Reparation Fund: All Indian Missions in the Gulf have effective and functional institutional mechanisms for extending consular/monetary assistance to distressed Indians including the cost of legal assistance & reparation. [ ]

    The second (Important) reminder notice to the MEA – 10-06 2013

    • The second (important) reminder notice to the Secretary, Ministry of External Affairs, New Delhi expressing concerns in not implementing the order of the Delhi High Court in relation to the applicant’s grievances against the UAE Government, the ‘Appalling Ignorance’ of the Government of India of the functions of Vienna Convention on Diplomatic Relations 1961 of United Nations, the Arab Charter on Human Rights, adopted in 1994 by the League of Arab States other Charter Provisions, Statutes etc.

    Reply received from the Ministry of External Affairs – 09-07-2013
    (‘Our national shame’ that the Indian Ministry of External Affairs are having only some ‘views’ for the welfare of Indian Community abroad and nothing else!)

    In reply to the above notice, Shri Ashish Middha, the Under Secretary, MEA, has revealed that, the letter dated 02-05-2013, from Mr. Ghanashyam, Joint Secretary, MEA (Gulf & Hajj), conveys ‘ONLY’ the Ministry’s views on various points/captions (Migrant Cell, MOU with GCC, Visits, Educational Arrangements, Participation in other Charters, Reparation Fund) and nothing otherwise. The captions may hence, not be treated as confirmations. [Letter No.58/US(Gulf) dated 9-7-2013[ ]

    Indo – Gulf Reparation Mechanisms – Remarks & EndNote

      • Remarks:
        Shri Vayalar Ravi, the Hon’ble Minister of Overseas Indians Affairs, Govt. of India, is one of the five recipients of the Representation. [Recipients. []
      • The ‘Ministry of Non-Resident Indians’ Affairs’, the earlier version of the ‘Ministry of Overseas Indian Affairs’ (MOIA), was created vide notification No. Doc.CD-160/2004 dated 27 May 2004 issued by the President of India, covering a wide range of areas concerning the welfare of overseas Indians, virtually making the Ministry a single window service provider. The Ministry is headed by Cabinet Minister, Shri Vayalar Ravi.
        • Despite the above solemn intention of the Government of India, it is sad to state that even an acknowledgment by way of interim reply, as sought in the representation and the reminders, has not been received from the Hon’ble Minister Shri. Vayalar Ravi nor his Ministry of Overseas Indian Affairs].
          [‘It is clear from the above that the apprehension of the petitioner expressed in his second reminder dated 10th June, 2013 addressed to the Secretary of External Affairs, Government of India, New Delhi is correct.’].

        EndNote: “The establishments of institutional arrangements for the welfare of ‘Overseas Indian Community’, as highlighted by the Government of India, are intentionally deceptive, untruthful and purport to demonstrate that there are procedural remedies or tactics. Serious failures and inadequacies to comply with statutory or regulatory obligations on the part of both the Ministries, the Ministry of External Affairs (MEA) & the ‘Ministry of Overseas Indian Affairs’ (MOIA) now stand proved by the subsequent communications received by the petitioner from the Ministry of External Affairs, Government of India”.

        Principal Resource: Updates – Case No 2557 UAE – P.K. Jabir, Lawyers India client


    MORE FEATURES

    ‘India’s national shame’

    The welfare of ‘Overseas Indian Community’, as highlighted by the Government of India, are intentionally deceptive, untruthful and purport to demonstrate that there are procedural remedies or tactics’. More Details

    ‘Nitaqat Law & Years of Human Rights Abuses in the Gulf Cooperation Council (GCC) Member States ’

    Since the beginning of 2013, several Gulf Cooperation Council (GCC) member states launched intensive raids against undocumented migrant workers as part of Nitaqat Law (Nationalization). As per official estimate, nearly five million Indian migrants are currently living in the Gulf region. The distress and uncertainty facing migrants is extremely concerning; media reports and evidences shows that migrant workers are subject to indefinite detainment in squalid living conditions, treated like dirt, that guest workers have no rights, and receive minimal support from state representatives or diplomatic institutions.More Details

    Human Rights Abuses in the Gulf States – A summary of some recent cases

    The Minister for Overseas Indians Affairs condemned the unscrupulous agents for sending innocents abroad without proper documents. “For the past four years, my Ministry has been carrying advertisement campaigns in various languages. I am sad such campaigns have not delivered results.” Mr. Ravi said. He himself has thus expressed his inability to drive things the right way. It is a known fact that the Overseas Indians Affairs Ministry is yet to ensure safety, security and welfare of Indian migrant workers, suffering on various counts, in the Gulf countries. More Details


    Enforcement of UAE Judgments: Transnational Litigation and Arbitration:
    Help us reach our goals by making a contribution to enforce the UAE Judgment(s)
    Support the petitioner, a UAE torture survivor, who is aimed to take his case to the next level of courts, the “International Court of Justice and Arbitral Tribunals” [ ]

    Reparation News
    India has half the world’s modern slaves: Study
    Sixty-six years after independence, India has the dubious distinction of being home to half the number of modern day slaves in the world. The first Global Slavery Index has estimated that 13.3 to 14.7 million people live like slaves in the country — roughly equal to the population of Kolkata. Full Text: India has half the world’s modern slaves: Study

    Reparation Campaign
    The Sourcebook of ‘Indo-Gulf Reparation Mechanisms’ [You are cordially invited to join us as a Sponsor of the Sourcebook]
    The book exposes ‘the Myths and reality’ of the Ministry of Overseas Indian Affairs & Ministry of Indian External Affairs. The bureaucrats in both the Ministries (MOIA & MEA) are pretends to be public servants, all the while they are greedy blood suckers selling Indian workforce to the so called Gulf States, no matter how deeply their wounds may run. Indian migrants in the Gulf countries are continue to be exposed to the gross violation of Human Rights and exploitation, without due respect of their life and dignity. Full Text: “You are requested to join us as a Sponsor of the Sourcebook”

    Photograph: Hon’ble External Affairs Minister of India, Mr. Salman Khurshid meeting with the UAE Foreign Affairs Minister H.H. Sheikh Abdullah Bin Zayed Al Nahyan in Abu Dhabi, March 13, 2013 (Indian Embassy, UAE).

    Help us reach our goals by making a contribution to enforce the UAE Judgment(s)

    The petitioner, a UAE torture survivor, is aimed to take his case to the next level of courts, the “International Court of Justice and arbitral tribunals” – We need your support to expose the debtors who hide Judicial decisions, commit fraud and other henious acts to avoid honoring their obligations. …Please visit ‘ The process of getting justice and its implications!’

    Last updated: 20 Oct, 2013

View Events

Recent Events

car wheels and rims
car rims