The judgment or order is an absolute decree passed by the highest court in accordance with the UAE Law of Criminal Procedure.
The charge against the victim was 'applying force against a government servant and assault'. Untold sufferings were inflicted on the victim as an under-trial prisoner. It took over six months to appear in court. (View Judgment Highlights)
The Legal Court of First Instance found the victim, who was already a 'Decree Holder' from the Civil Court of Abu Dhabi, is innocent of all the charges leveled against him, acquitted him and awarded its judgment against Abu Dhabi police. The Apex Court of Abu Dhabi was fully satisfied the lower court decision and directing the authority to release the victim immediately.
The following are very important observations of the judgments of the both the courts, which itself speak about the innocence of the judgment creditor, the victim.
APEX COURT OF ABU DHABI, UAE: The Judgment which clearly revealed the malafides and the arbitrary way in which the police department and the local acted. It further reiterated the condemnation of the prosecutor. An excerpt from the appellate judgment as follows:-
"Verily the Islamic law and the entire positive laws have honoured man and protected his freedom, his honour, his property and his soul. Hence, if man was killed while protecting these, he is considered to be a martyr. And limitation of his freedom without any right is an unforgiving crime and the same is mentioned in the provisions of articles 2 and 3 of the penal procedure code. And it is proved in this case that the policemen along-with the local went to arrest the accused, without any right and curtailed his freedom" (View Judgment Highlights)
The Judgment of the ‘Legal Court of First Instance’ Dated: 10-04-1996.
The Judgment Creditor, the victim, who was charged with offences by the Abu Dhabi Police, was acquitted. The Court directed the Authorities, to prosecute the policeman involved in the illegal activities. It was found that the Emirati was guilty of deception and assault.
The Court criticized the Public Prosecution for concealing the assaults of the policemen on the Judgment Creditor, and its tampering of evidence. Some of the material findings of the Court are:-
i) The policeman and Hassan Saeed had committed the offences of trespass and assault.
ii) The Judgment Creditor had only exercised his legal right, and he and his brother were attacked by the policeman and Hassan Saeed by taking the law into their hand.
iii) The police, which was expected to help the victims, unjustifiably protected the trespassers who were the law breakers.
iv) The Criminal Court observed that, the Interim Judgment of the Abu Dhabi Civil Court, ruled that the Judgment Creditor was the really aggrieved person and had deserved help.
v) The conduct of the police clearly proved the malicious motives in initiating the criminal complaint against the Judgment Creditor.
vi) Ultimately, the Court found that the policeman indulged in the illegal criminal act due to his greed, and that the police framed false charges against the Judgment Creditor to save their face.
DIRECTIONS OF COURT – AN ENQUIRY INTO THE CONDUCT OF POLICE.
The Court took a serious view of the entire events. It ordered an enquiry into the conduct of the police. The records were forwarded to the Public Prosecution for facilitating the investigation.
[The order of the Court, regrettably enough, was ignored by the UAE authority. No investigation was conducted by the prosecution].
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The grievance of the victim, in a word, is that despite both the Courts including the Apex Court of Abu Dhabi declaring him innocent and directing the police has to compensate all the losses of his business and restoring his dignity, "the UAE administration treated him in a manner that is extremely 'libelous’, by ‘false statements of facts as if the victim was punished for crime' and hence deported the 'Judgment Creditor' to India".
The victim in the case was a high earning engineering expertise and was a legal resident in Abu Dhabi over 18 years with established contracting and trading businesses worth a min. US$100 millions. The case of the victim emerged from manipulation of power. The subsequent fact that the judgment had been pronounced long past and that its implementation was twisted and torpedoed by the culprits who have access to those in power strengthens the case further.
A brief background of the case. Civil Suit against a local
On behalf of Premier General Contracting Establishment, firm belong to the victim, entered into a contract with Mr. Hassan Saeed, a local belonging to Abu Dhabi, leasing 24 flats in an apartment tower, for a period of six months against the total consideration thereof, an amount of 10,08,000/- Dirhams/Year (US$ 3,50,000) basi. The trouble started when Mr. Hassan wanted to wriggle out of the contract and was not willing to perform his obligations under the terms and conditions of the contract. Since the flats were in worse condition, 'Premier Contractors' themselves initiated and taken up all sort of renovations including painting, replacement of civil and electro-mechanical fittings.
In the meantime victim came to know that inspite of the agreement to convey the flats to him, Hassan Saeed had sold some of these flats to others against the terms and conditions of the contract and contrary to law. In view of the fact that he did not comply with the condition of the contract, victim was advised to institute a civil suit against Mr. Hassan Saeed.
The Hon' ble Judge injuncted the payment of the cheque and Mr. Hassan Saeed was unable to realise the advance payment of the contract. On coming to know of this, Mr. Hassan Saeed threatened victim of serious consequences if he failed to withdraw the civil suit. On his refusal, Mr. Hassan Saeed in collusion with the local police, assaulted and grossly abused the victim beyond all imagination which no civilised society in modern world would approve or tolerate....Read More at: A brief background of the case.
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The head of a business empire based in Abu Dhabi was attacked by a posse of policemen in civil dress at his office; robbed of cash and valuables to force him to withdraw a lawsuit against a property owner...More Details
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