Archive for the ‘Overseas Indians’ Legal Cell’ Category

  • ‘The Shameful Acts of The Ministry of External Affairs (MEA), The Government of India’

    Date: 2017.06.02 | Category: Abu Dhabi, Abu Dhabi Police-Looting, ADIA, Al-Jazeera, Boycott Etihad Airways, Dictators, Diplomatic Protection, Etihad Airways, Extortion Abu Dhabi, Fraudulent Statements, Fugitive Debtor, Fugitive From Justice, Human Rights, India, India & UAE, Indian Diplomacy, International Law, Investors duped, Investors sue UAE, Judgment Creditor, Judgment Creditor’s Case, Judgment Debtor, Justice V.R. Krishna Iyer, Overseas Indians’ Legal Cell, P.K. Jabir, punishment, Reparation Mechanisms, Republic Day 2017, Saudi-UAE Dictators, Sheikh Mohammed bin Zayed, Sheikh Saif, UAE Constitution, UAE Fugitive, UAE Judgment Equities, UAE Judgments For Sale, UAE Reputation, UAE’s $3bn Judgment Debts, United Arab Emirates, Willful Defaulters | Response: 0

    THE SHAMEFUL ACTS OF THE MINISTRY OF EXTERNAL AFFAIRS, THE GOVERNMENT OF INDIA’

    June 02, 2017 New Delhi. [First Published In ‘Airlines India’]

    The Shameful Acts of The Ministry of External Affairs (MEA), The Government of India

    The Shameful Acts of The Ministry of External Affairs (MEA), The Government of India

    ‘The Shameful Acts of The Ministry of External Affairs (MEA), The Government of India’

    The case of the ‘JudgmentCreditor’, an Indian investor in the UAE, had already been fought at length, at three Courts in Abu Dhabi, UAE. All the three Courts including the Supreme Court of Abu Dhabi had passed clear and concrete orders in the case, directing the authority to enforce the Judgments. To save face, the Executive of Abu Dhabi, fraudulently deported the ‘Judgment Creditor’ to India and leaving the guilty unpunished.

    This led to the Judgment Creditor’s character assassination, who was an investor with a group of business entities in UAE worth millions of investments, leaving him in a whirlpool of mental strain and physical trauma.

    The Delhi High Court heard the case of ‘Judgment Creditor’, and issued a ‘Mandamus Order’ to the Ministry of External Affairs, Government of India, to settle the case in 2 months with the UAE.

    At this juncture, all that was required from the Government of India was to take up the issue direct with the authorities of Abu Dhabi, to enforce the Judgments of the Supreme of Abu Dhabi, without further delay.

    Instead, Mr. N.U. Avirachan, Undersecretary, Ministry of External Affairs had sent this letter No.T-4113/3/96 to Mr Balasubramanian, Second Sef India (Cons), Embassy of Abu Dhabi, UAE, which was written without adhering to the provisions of law. It was this very letter by the Government of India which spoiled the settlement of the case of the Judgment Creditor.

    READ LETTER(S), ‘THE BIGGEST BLUNDERS OF THE MINISTRY OF EXTERNAL AFFAIRS (MEA), GOVERNMENT OF INDIA’!
    http://www.lawyersindia.com/outsourcing/exhibits_main_2557_case_uae.html

    [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!]

    COMING SOON – A ‘FUGITIVE DEBTOR’!

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

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

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

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

    Judgment For Sale’ is a global campaign, primarily organized by voluntary member contributions. It’s a value added, investment campaign, aimed to expose the debtors who hide Judicial decisions, commit fraud or other heinous acts to avoid honouring their obligations.

    As a lawful owner of a legal Judgment, the winner has every right to offer his un-executed Judgments for sale or to make efforts to legally enforce and recover his assets and the inherent rights of individuals to dignity.

    Promoted by: ‘Alliance Judgment Recovery’

    In support of:
    Legal Cell; Lawyers India; Reparation Law; Judgment Creditor
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    Global Campaigns

    COMING SOON – A ‘FUGITIVE DEBTOR’!

    Link To Global Campaign

    ‘Alliance Judgment Recovery’ Launches Global Campaign to Expose the UAE fraudsters

     

     

     

     

    Link To Articles

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

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

     

  • 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’

  • Etihad flight diverted by reported bathroom arsonist

    Date: 2014.02.19 | Category: Abu Dhabi, Abu Dhabi Coup Funding, ADIA, Al-Jazeera, April, Bahrain, Boycott Etihad Flight, Dictators, Egypt Coup Funding, Etihad Airways, Fraudulent Statements, Freedom of Expression, Human Rights, Human Rights Watch, India & UAE, International Law, Investors sue UAE, Other, Overseas Indians’ Legal Cell, punishment, Saudi Arabia, Sheikh Saif, Sovereign Wealth Fund, UAE Judgments For Sale, United Arab Emirates, US Caselaw | Response: 0

    etihad-airways-plane-arsonist-attack-abu-dhabiEtihad flight diverted by reported bathroom arsonist
    February 19, 2014 By Frances Cha, CNN

    A reported arsonist on board an Etihad Airways flight is being blamed for an emergency landing.

    According to Etihad Airways, flight EY461 from Melbourne to Abu Dhabi had to make an emergency stop in Jakarta on Monday after smoke was detected in bathrooms mid-flight.

    “It was very smoky, and it felt like the aircraft had filled with smoke,” said passenger Sarah Jefferey, as reported by the Sydney Morning Herald.

    “When smoke was detected in two of the toilets … the captain decided to divert the aircraft as a precautionary measure and land in Jakarta in order to allow the authorities to assist him to conduct a security assessment of the situation,” said the airline in a statement.

    After a search of the aircraft, passengers and carry-on luggage, the flight took off from Jakarta, continuing to Abu Dhabi.

    Etihad Airways, the national carrier of the United Arab Emirates, didn’t say whether any passengers were removed from the flight in Jakarta.

    According to an updated statement from the airline, 12 passengers are being held by Abu Dhabi security authorities.

    No arrests have been made.

    More smoke

    Despite strict controls over passenger movements instituted by the pilot, that wasn’t the end of the smoking bathrooms.

    Yet another toilet smoke alarm went off two hours before arrival in Abu Dhabi.

    At this point, flight attendants ceased normal service to take up watch at each restroom and to monitor passenger access, said the airline.

    The plane landed in Abu Dhabi four hours behind schedule.

    No injuries were reported.

    First person account

    While Etihad Airways’ official statement made no mention of an arsonist — simply noting that smoke had been detected on board — several passengers say they were told upon landing in Jakarta that someone had started fires on the plane.

    Passenger Graham Foote, a singer traveling to Abu Dhabi for a performance, told CNN he became aware of the issue when cabin lights suddenly came on five hours into the flight.

    “I looked at the inflight map and discovered that we were 90 minutes out from our destination, which seemed unusual given it’s a 13-hour flight,” said Foote.

    “The captain then came over the intercom and announced that there had been a security breach and that we were diverting to Jakarta.”

    Other passengers say the reason for the diversion was explained to them only after landing in Jakarta.

    “Upon arrival in Jakarta, we were told that a passenger had attempted to light two fires on the aircraft,” said Foote.

    When more smoke began coming from the bathroom following the Jakarta takeoff, all semblance of normal service — including food and drink service — was abandoned.

    “Approximately two hours (away) from Abu Dhabi, we were informed that the arsonist had made another attempt and that all service was to be suspended,” said Foote.

    “The cabin staff also further restricted bathroom access at this point, checking the trash and toilet after every passenger had been inside.”

    Suspects

    While the Sydney Morning Herald reports that a female passenger is a suspect, Foote said that two men “of Middle Eastern origin” seemed to be the subjects of investigation and were detained by police upon arrival in Abu Dhabi.

    “One of the guys had a very nervous demeanor and intermittently changed seats throughout the flight from directly in front of me to another vacant seat with his travel companion,” said Foote.

    “During the first flight, when he entered the bathroom about seven staff members were congregated around the area, two of whom held fire extinguishers.”

    Upon landing at Abu Dhabi Airport, all passengers and crew were interviewed by authorities.

    Etihad Airways has not commented on suspects, stating only that the event is still under investigation.

    Abu Dhabi police are also investigating the incident.

    Passengers have lauded the airline’s crew for rising to the occasion.

    Passenger Paul Ross wrote to CNN praising the airplane crew’s response.

    “The crew on this flight should be highly commended,” wrote Ross.

    “They dealt with these incidents with complete professionalism. They ensured there was no panic and kept passengers on the plane calm and settled.”

    Foote called the crew’s response “extraordinary.”

    As for his own state of mind during the episode, Foote said that the flight felt “so surreal it didn’t really feel dangerous.”

    “Like most passengers on board, my biggest reaction was frustration at the delay and anger toward the person or persons who were attempting to light the fire.”

    Similar reports on 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’

  • Khobragade scandal sheds new light on India’s rotten diplomacy

    Date: 2014.02.08 | Category: Delhi High Court, Indian Diplomacy, International Law, Judgment Creditor, Justice V.R. Krishna Iyer, Overseas Indians’ Legal Cell, P.K. Jabir, Vienna Conventions | Response: 0

    US-President-Barack-Obama-and-Manmohan-Singh-IndiaKhobragade scandal sheds new light on India’s rotten diplomacy
    February 08, 2014 New Delhi. Overseas Indians’ Legal Cell

    Obama has described that the relationship between India and United States would be one of the “defining partnerships” of the 21st century while visiting the country in 2010, praising its tradition of tolerance and its free market economy. The latest diplomatic rift between India and the U.S. shows all its ‘diplomatic triumphs’ turned upside down in a chaotic manner, exposing India’s deliberate failure to adhere to the statutory duties and state responsibilities under international law.

    The gruesome experiences of the writer of the last 18 years in dealing with the Ministry of External Affairs have been briefed separately. They reveal the cruelties of Abu Dhabi authorities and the inaction of the MEA, the Government of India in spite of the order of the Delhi High Court.

    Unfortunately, India’s concept of “diplomacy” is often misconstrued and put to maximum abuse by their officials. Some privileged elites in the MEA, New Delhi, irrespective of their caliber, seniority and eligibility, manage to get themselves inducted into diplomatic missions with ulterior motives. Such people lack the experience of professional diplomacy; bring ill-fame to the nation when they attempt to make undue financial gains through indecent means.

    The officials of MEA, Government of India approached over the Devyani Khobragade issue, without properly conceiving the fathoms of International treaty laws, the Vienna Convention on Consular Relations (VCCR) 1963 and the Vienna Convention on Diplomatic Relations (VCDR) 1961. They lacked deep knowledge of the rules governing the Consular Functions including the various categories of Diplomatic Immunity of the members of a diplomatic mission. [Article 5 & 36 of the VCCR specify consular officials’ duties when citizens of their country face difficulties in a foreign State(3)].

    Criminal elements are also flourishing in India under the guise of ‘diplomatic immunities and reciprocal privileges or treatments’. The case of a senior UAE diplomat who smuggled about 37 kg of gold worth at least US$2 million (Rs.11 crore), last year, into New Delhi International Airport is just an example. The Directorate General of Revenue Intelligence (DRI) has taken up the matter with the Ministry for action against the diplomat who is still at large. The MEA responded that the UAE diplomat enjoys immunity under international law, from criminal, civil and administrative jurisdictions of the receiving State.

    Khobragade’s arrest on December 12, 2013 and subsequent strip-search sparked outrage in India and prompted a range of retaliatory measures in Delhi against U.S. diplomats. The very concept of the solemn document, the Vienna Convention on Diplomatic Relations of 1961 has been misinterpreted in India in this case, as it has been grossly misinterpreted in the case of Italian Ambassador to India in 2013.

    The United States anti-trafficking strategy set forth in December 23, 2008; the President Bush signed into law a bill that enhances measures to combat human trafficking. ‘The Trafficking Victims Protection Reauthorization Act of 2008′ was named after English abolitionist William Wilberforce, who led the Parliamentary movement against the British slave trade in the early 19th century.

    The U.S. has also agreed to ‘UN Protocol against trafficking in persons’ who provides a working definition of human trafficking and a common basis for criminalizing the trafficking of persons, especially women and children. Devyani Khobragade, 39, India’s deputy consul general in New York is the third Indian diplomat to be accused of cheating the U.S. authority from trust to trafficking.

    On January 08, 2014 Khobragade was granted G1 visa with full diplomatic immunity by the State Department, which then asked India to waive the immunity so that she could face the charges. That request was refused and the State Department then requested her immediate departure. The next day she left New York for India. The same day, Khobragade was indicted by a federal grand jury in Manhattan. The indictment said Khobragade had made multiple false representations to U.S. authorities. The indictment accuses her and others of trying to “silence and intimidate the victim and her family and lie to Indian authorities and courts.”

    The description about ‘a series of efforts to intimidate the victim, Sangeeta Richard and her family in India’ reveals the ill-equipped and possibly abusive actions of the Indian authorities over the Khobragade affair. In a letter to the judge, U.S. prosecutors said “we will alert the court promptly if we learn that the defendant returns to the United States in a non-immune capacity, at which time the government will proceed to prosecute this case and prove the charges in the indictment.

    We should applaud Preet Bharara, the United States Attorney for the southern district of New York, for taking a victim-centered approach in this case. The U.S. authority and attorney Dana Sussman of Safe Horizon representing Ms Richard, who has taken every step under law to protect the victim and her family; they were flown to a safety zone, safe in every respect, until completion of the legal proceedings in the case.

    There’s a very important message from the great city of United States, New York, that ‘all the progressive and democratic governments must adopt a ‘victim-centered approach’ in their criminal justice process and thereby modernizing and strengthening the Integrity of the Judiciary and people’s confidence in their justice systems’.

    The External Affairs Ministry of India has already done great damage to the Nation’s image by its wrong presumptions and hasty actions in dealing with the situation. Sincere efforts are to be made at appropriate levels to regain its glory.

    A victim of repeated betrayal and deception by the MEA, New Delhi:
    [The case of a “Judgment Creditor”, the writer, who has been kept waiting for the past 18 years for justice]

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

    A ‘serial entrepreneur’ in Abu Dhabi, UAE, engaged in the business of Trading, General Contracting etc., he had a dispute arose with a local landlord. He instituted a civil suit in Abu Dhabi Court for settling the issue. An interim order was granted by Abu Dhabi Court of Justice in his favour.

    The landlord, in collusion with local police, turned against the writer (the petitioner) and took recourse to all illegal means to withdraw the ‘Civil Suit’. On October 26, 1995, the petitioner was brutally tortured and literally dragged out of his office along the street in the presence of known friends and bystanders. He was confined to a detention center where he had to undergo extremes of cruelties and humiliation from Abu Dhabi Police which no human being can withstand. After four months of his illegal detention, a false case was registered against the petitioner, alleging “Using force against Government employee and assault”. It took six months thereafter, for the petitioner to have his first appearance in Court.

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

    The office of the public prosecutor, Abu Dhabi filed an appeal against the decree of the legal court of the first instance. The case finally came up before the Apex Court, comprising the three-judge panel. The petitioner was granted bail on the filing of the appeal. However, despite the bail and sureties he was not released from the prison. During the hearing, the police officer dropped his claim from his complaint with a declaration attested by the Notary Public. Finally, the landlord and the prosecutor followed suit and told that they have absolutely no case against the accused.

    The eminent Jurists Panel of Apex Court found that the accused was innocent; rather ‘a martyr’. The appellate review highlighted the culpability of the policeman and emphasized the notoriety of his actions. “It further reiterated the condemnation of prosecutor”. The Court, therefore, ordered restoration of victim’s dignity and respect and to compensate for all his losses while pronouncing a ‘Landmark Judgment’.

    In 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 his mental agony and sufferings. Unfortunately, the UAE authority acted in total defiance of the findings and sentiments expressed by the judicial establishments of that country and on September 28, 1996 the petitioner was deported to India as if he was punished for a crime.

    After reaching India, the petitioner has made every effort to uphold his dignity and his rights. In October 1996, a writ petition was filed before the Hon’ble Supreme Court of India. The Supreme Court directed Delhi High Court deal with it. The High Court of Delhi directed the Government to settle the matters within two months. On January 28, 2004 the High Court of Delhi observed in its order that the Government should inform the Court of the steps taken to protect the rights of the petitioner.

    The judgment dated 19-9-2007 of the Delhi High Court had extracted a previous letter of the Government reading: “Shri. Jabir should pursue his legal action 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”.

    The petitioner’s letter to the MEA on July 04, 2012 enquiring the status of the case under the Right to Information Act was answered by an evasive reply that they do not have any records of the case with them. The anguish of the citizen can be imagined.

    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’.

    In January 30, 2013 endeavours were made by the petitioner towards a strategy formulation and implementation of ‘Mutual Human Rights Law and Reparation Mechanisms’ between the Government of India and the GCC (Gulf Cooperation Council) countries, mandating our elected representatives and officials to eliminate discrimination and imbalances of millions of overseas Indians working in different countries. This also involves the recognition and protection of the dignity and respect of individuals.

    In response, the MEA, New Delhi, explained that the government of India has established various arrangements for the welfare of Indian community and assistance to the distressed Indians abroad. Later, the same ministry has written that whatever the arrangements it made for the welfare of Indian community and assistance to the distressed Indians abroad are only their ‘VISION’ and nothing else!

    The officials of the Ministry of External Affairs should feel themselves guilty of their inaction in protecting the innocent Indians trapped in false cases in the UAE and other Gulf (GCC) countries.

    The tragedy of this generation is that the “victims” are always neglected. Their agonies, losses and sufferings are never resolved. As long as the tears of the victims are not wiped, all the progressions we have made hitherto are only ‘teasing illusions and promises of unreality’.

    [The petitioner’s case had been espoused by a great jurist and Judge of the Supreme Court of India – ‘Justice V.R. Krishna Iyer’.Senior Advocate K. Sukumaran‘, a former Judge of the High Courts of Kerala and Bombay appeared in the matter before the Supreme Court and the High Court of Delhi].

    [P.K. Jabir can be contacted at: info@legalcell.com]

    Legal Instruments & Reference Links:

    Mindful, in particular, that a judgment debt is hanging over the Abu Dhabi Emirate, United Arab Emirates. The judgment is binding and enforceable by the court of Abu Dhabi from where the ruling came from. The Judgment debt of Abu Dhabi, can be eliminated or satisfied by the enforcement of judgments and legal remedies… “Reputation of Abu Dhabi, United Arab Emirates!”

     

  • 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

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