Govt Keen On Making New Laws For UAE But Brutally Denied Justice To Victim Who Is A Real Judgment Creditor!
Mohammed bin Zayed, Crown Prince of Abu Dhabi and the de facto head of the UAE Federation at an Arab summit in Mecca, Saudi Arabia May 30, 2019. Courtesy of Saudi Royal Court (via Reuters)
Govt Keen On Making New Laws For UAE But Brutally Denied Justice To Victim Who Is A Real Judgment Creditor!
“Statement on the occasion of the 25th Year of Gang-robbery, kidnapping and brutal methods of torture done in captivity by Abu Dhabi Police against an Indian investor, in the light of a gazette notification by Central Government declaring the United Arab Emirates (UAE) as a ‘Reciprocating Territory’, under section 44 A of the Code of Civil Procedure (CPC)”.
Kochi 28 Feb 2020: ‘Reparation Law’ ‘Download the True Story of ‘Govt Keen On Making New Laws For UAE But Brutally Denied Justice To Victim Who Is A Real Judgment Creditor!’, in PDF (Size: 515 Kb)’
Lawsuits brought to redress in UAE courts are twisted by the law enforcement, prosecution and the UAE administration by itself. Police misconduct in UAE involves abuse of power to extort money or in the fabrication of evidence to sway the judicial process. These types of unspeakable crimes are prevalent in the UAE are silently supported by their Indian counterparts, the Union Government.
This reality is aptly exposed in this UAE case featured herein below, as a ‘Marking the 25th Anniversary of Gang-robbery, kidnapping, contempt, etc., by Abu Dhabi Police, in the light of a new legislation of greater importance between the Union of India and the UAE Federation, in line with Section 44 A of the Code of Civil Procedure (CPC).
The Central Government has notified that it recognizes UAE as a reciprocating territory for the purposes of financial recovery from debtors located, or having assets, in India. The courts so designated are called ‘Superior Courts’. This means, the above mentioned legal sanction of India to UAE gives them the freedom to list the names of suspects, who were tried in absentia, and India to chase their defaulters, who have apparently run away from the UAE.
The UAE case is the result of a racially motivated hate crime with assignments of tasks, as part of deliberate design, the law enforcement schemed in collaboration with the Prince Mohammed bin Zayed, the de facto head of Abu Dhabi and the UAE Federation, who was a party to these most serious violations of Human Rights and the Constitutional Rights of a Citizen of India.
The cruelty did not halt there. While the UAE Ruler exercised his fraudulent attitude and ruling deficiency by flouting the 4 consecutive Judgments of UAE Judiciary, the Union of India outwitted the UAE Ruler by dragging the case to date, despite 2 Judicial verdicts from Delhi High Court for securing reliefs.
Here, in this case, a bona fide foreign investor in UAE, the decree-holder of a civil lawsuit, who reported crimes such as trespassing and burglary at his office, was literally kidnapped, tortured, threatened him to be killed and subsequently detained for a long period often in solitary confinement by a group of policemen.
Over 25 years has elapsed since the UAE embezzled the entire assets, real estate properties worth over $100 million of the Investor by fraud, who was an engineering expert, owned and established 3 major companies in General Contracting, Engineering and Trading in Abu Dhabi, UAE, defeating all his relentless fight.
Read the shocking story featured here, the bizarre twist in the case of police extortion in Abu Dhabi, UAE.
Shop burgled by Abu Dhabi policemen, US$ 0.4m worth money and valuables looted!
Ever heard of a victim marking the 25th anniversary of the gravest disaster in his life caused by law enforcement authority? It’s the tragic drama of the ‘Judgment Creditor’ in real life.
Regrettably, the discredit goes to the ‘Administration of the UAE, who set ablaze the destruction, by issuing an extremely “Fraudulent Misrepresentation of the Truth” to deport the ‘Judgment Creditor’ from that country, instead of the solemn act of execution of the Judgments passed by the Courts of Law and letting him have the fruits of the Judgments.
A brief background of the story
On behalf of his principal company, the ‘Premier General Contracting Establishment’, the contractor (the Indian Investor herein) had signed a lease-build business contract with an Emirati landlord, ‘Mr. Hassan Saeed’, covering a Nine storied apartment tower.
When a dispute arose with Mr. Hassan Saeed, the Investor, on the basis of legal advice, instituted a civil lawsuit in Abu Dhabi Court for settling the issue.
The Honourable Judge of the Civil lawcourt took a decision in favour of the Investor. Consequently, Hassan Saeed got annoyed and insisted the Investor withdraw the lawsuit unilaterally.
[The following narration is not exhaustive but only a pointer to untold miseries, losses, sufferings; the haunting memories of the ‘cruel and inhuman torture’ and social humiliation suffered by the Indian Investor in UAE].
Scene 1.
On Thursday noon 26th October 1995 Mr. Ahmed Abdulla Abdul Khadir, a policeman in plain clothes from Abu Dhabi police (who haven’t been disclosed his identity), along with Hassan Saeed (the Emirati, accused in the civil case, who has already been warned by the Civil Court against his wrongful motives) came to the private office of the Investor.
The policeman, who held a heavy iron rod of one-meter length and a pair of chained handcuffs. The policeman enquired as to why he filed a lawsuit against him; where’s the original document of the contract? etc., which the Investor refused to disclose.
Scene 2.
As they could not get the required information from the Investor exerting force, they became violent. They wanted to grab and destroy the related documents of the contract from him because an ‘Interim Order’ of the Court already existed against Hassan Saeed.
Towards this the telephone connection was snapped, the entire office was ransacked, drawers opened by force and files were thrown out. The Investor was severely beaten in cold blood and his left-hand fingers were smashed with the iron rod. They paid no heed to the humble requests of the victim.
The policeman forcibly broke open the locker-room with the heavy iron rod in his hand. Thereupon, cash and valuables were found by them.
Scene 3.
So much of money! The policeman’s eyes bulged out in wonder. He looked at his Emirati friend as if he never expected there’s such a large amount of money. The currency blurred their eyes. All in a hurry, both of them grabbed the bunches of currency, and hurriedly stuffed into their pockets. In their hurry and perplexity, part of the currencies spilled over the floor of the cabin.
At this juncture, the younger brother of the Investor arrived at the office with lunch. As he arrived the Investor asked him to close the door and call the police. By then, the policeman in plain clothes managed to get out of the office with the stolen money.
The Emirati too tried to escape from the office, however, with bundled valuables in his hands and pockets full; protruding with the stolen money, he was unable to leave.
Scene 4.
The Policeman in civil dress was standing outside the office and was shouting and striking on the door with the heavy iron rod he held in his hand. By then an inquisitive crowd had gathered around the office of the Investor. The policeman was shouting and warning anyone from coming near to him.
At this point of time, a Police patrol team arrived at the spot. This batch of policemen who came responding to the alert of the Investor immediately hit the Investor and his brother. They were, in fact, allies of the intruders, which the Investor never knew or expected. Their faces had reflections of triumph and cruelty. They were like ferocious animals; both the victims were beaten brutally in cold blood.
Then they handcuffed the Investor and his brother behind their backs and dragged them out of the office, on through the street, and kicked them into the police car.
Scene 5.
The Investor was confined to an underground detention center where he was again brutally tortured. There were four policemen in the torture room, and one shouted “We know how to teach Indians” and asked the Investor to sign some documents. When he refused, a policeman in uniform tried to pull out his injured fingernails with a primitive type of instrument. Due to the heinous form of torture, one of his fingernails was entirely torn apart with the skin surrounding the nail.
It was terrible the excruciating pain by the policemen ripping off his nail from the nail bed. But the real horror was when they forced him to lie down on the floor and took some rag clothes consisting of a long length and rolled it on his head, covering the entire face, and started hitting and kicking. As a result of the harrowing torture methods, he was coughing and gasping for breath for a long time.
Soon thereafter the Investor became unconscious and eventually, he was taken to Central hospital-emergency, Abu Dhabi. Over a dozen X-rays have been taken of the different parts of his body at the hospital and recorded. Treatment was made without removing the shackles and handcuffs.
Scene 6.
When those atrocities were being committed in the detention center, the Investor’s business partner (sponsor), a person belonging to Abu Dhabi met the duty officer of the police station, who is of Captain’s rank. He was then told a concocted story.
That the accused (Investor) had hit three of his police staff and an Emirati, and that one police officer and the Emirati, was in a serious condition and admitted to the hospital and that, they were not permitted to allow him to see the accused.
Scene 7.
The Investor was held in isolated hellholes in different detention centers, often in solitary confinement and traumatized before taking him to the notorious Al Wathba Central Prison.
The Investor was brought to the Federal Court on 27 occasions, dragged with shackles, manacled and cuffed on both hands and legs. The trip was 120 km in an armoured truck to the court and the return therefrom through the desert in harsh weather itself was the worst form of torture. Even when its capacity was 15 persons, about 50 persons were packed like salted fish making each one gasp for breath during the journey.
He was kept waiting all these days in a small and narrow room along with other prisoners without any ventilation or so, but not called up for hearing. It took about six months for the Investor, for listing his case for hearing before a court of law of Abu Dhabi, UAE.
Scene 8.
The Court of First Instance expressed its shock while noticing that a victim who sought for police protection from trespassers was arrested and detained!
Eyewitnesses were called to testify in the Court. A Pakistani witness who said that a policeman was holding an iron bar of one-meter length in his hand, threatening anyone who came near the office premises of the accused and was shouting “Indian, Pakistani and Bengalis all are thieves and procurers”.
Another witness who gave a similar statement, added that the Investor has neither resisted the police nor they have beaten anyone and that they are of good nature “I am a Pakistani and they are Indian, no relations are between us, and my testimony is based on truth only. Further, the Court listened to the statement of the 3rd witness who hails from Iran, whose testimony came similar to the declaration of the first two witnesses.
The conduct of the policemen clearly proved the malicious motives of framing criminal complaints against the Investor. It was found that Hassan Saeed was guilty of deception and assault.
A good number of witnesses from different nationalities, who did not care about the threat of the notorious State-police and public prosecution, dared to explain the facts. This was an unusual occurrence in this country and this indeed helped the Court.
Scene 9.
The Judgment of the ‘Legal Court of First Instance’ was pronounced [Case No. 152/1996] on 10-04-1996.
The Investor and his brother, who were charged with offenses by the Abu Dhabi Police, were acquitted. The Court directed the authorities, to prosecute the policemen involved in the illegal activities.
Despite the prevailing political culture, the Legal Court also passed an ‘Investigation Order’ against the heinous crime by Abu Dhabi police and its subsequent cover-ups.
Scene 10.
In a desperate attempt, the prosecution filed an appeal in the APEX Court of Abu Dhabi.
The Supreme Bench, comprising the three-judge panel, granted bail to the Investor on their filing of the appeal. [However, despite the bail and sureties the Investor was not released from the prison].
The eminent Jurists panel was much moved by the massive evidences before them which established beyond doubt, the orchestration of the police and the dishonest deals of the Prosecution. An early trial was therefore ordered.
During the next hearing, the policeman filed a declaration attested by a Notary, where-under he dropped the contentions in his complaint and pleaded guilty. Hassan Saeed followed the suit and admitted his guilt. When the other policemen too pleaded guilty, the competent authority, the Prosecution, has declared itself willing to accept responsibility.
The Hon’ble Supreme Court advised the Investor of his rights to sue against the perpetrators of the crime for damages due to baseless and malicious litigation.
Scene 11.
The final Judgment of the Apex Court was rendered on [No. 188/1996] 19-05-1996. The Hon’ble Court declared that the Investor was absolutely innocent of the charges. The Court observed further that all the pieces of evidence proved propriety in the acts and conduct of the Indian Investor.
The conduct of the Prosecutor was strongly condemned. Referring to the principles of Islamic Law, the Supreme Court of Abu Dhabi observed that the law had honoured the man who protected his freedom, his honour, his property, and his soul and that a person dying while protecting that freedom is considered a ‘martyr’.
With regard to the facts of the case, the Supreme Court observed that it was proved in this case, that the policemen and other officials sought to arrest the Investor, without any right and that they curtailed his freedom.
The Court ordered immediate release of the victim, ‘restoration’ of victim’s dignity, respect and reminded about the roles and responsibilities of authority towards the victim for reparation for the losses he suffered while pronouncing a ‘Landmark Judgment’.
(The order of the Court, regrettably enough, was not executed and the culprits were escaped from judicial actions. The Investor and his brother were also not released from prison, in total violation of the order of judicial authority.
Scene 12.
The defiant Executive, however, continued the violation of Human Rights. The UAE Administration committed yet another series of crimes of Contempt of Courts, Fraud, etc., and deported the Judgment Creditor on 28- 09-1996 in the most diabolical manner, without any of his property, dignity or respect whatsoever!
The deportation order was extremely ‘libelous’ – by ‘false statement of facts as if he was punished for a crime’, in defiance of 4 Judicial Verdicts including that of the full bench of the Supreme Court of that country in his full favour!
(The anguish of the Investor resultant from the deprivation of his liberty, dignity, and property, as such his business assets earned solely and exclusively through his untiring personal efforts, causes mental depression which will virtually make his life only a vegetable existence).
Article submitted by Jabir P.K., Founder-CEO, M/s. Overseas Indians Legal Cell (Email to info@legalcell.com).
Reference Links
- “24th Year of Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration” – Chase the Trails of 24-Year ‘UAE Fugitive’, A Habitual Offender!
- “The Settlement of ‘Non-Execution of Court-Judgments, Contempt of Courts, Embezzlement of Funds, Defrauding’ and other Offenses in UAE”!
- “Open Letter to H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud”!
- ‘“The Gravest Injustice Towards An Indian Investor In UAE – Open Letter to Smt. Sushma Swaraj, Minister for External Affairs, Govt. of India!
- “A Set of UAE Judgments was Unpaid, remained Unexecuted for the last 22 years! Both the Governments, the Government of India and the UAE Federation are Playing with Fire!”
- ‘“Thanks to State Department Cables, a U.S.Torture Victim Won a Rare $10 Million Settlement against UAE ruling family” – The condition: ‘Silence in the Press’!
- ‘Abu Dhabi Crown Prince and de facto ruler of the UAE Federation, Mohamed bin Zayed al-Nahyan, is a fugitive from justice. The Government of India has also helped him remain a ‘fugitive debtor’ all these years! ‘A total shame for the so-called India-UAE relations’!
- ‘The Shameful Acts of The Ministry of External Affairs (MEA), The Government of India’
- ‘The Shocking History of ‘Al Wathba’ Central Prison, Abu Dhabi and a ‘Culture of Deception & Secrecy’
- India’s Extradition Treaty With the United Arab Emirates (UAE), The Worst Human Rights Abusers! – ‘A Flashback & The Recognition of Representation-1997′
- UAE Fraud: In the instant case, the Emir, the de facto ruler of Abu Dhabi, UAE, played a full-length drama of cowardice. It remains a global shame for law-abiding citizens!
- Observe the ‘Republic Day of India 2017′ as ‘Black Day’ in Protest Against the Decision of the Government of India to Invite the ‘Crown Prince of Abu Dhabi’ as the Chief Guest of the Day!
Link To Articles
Legal Instruments & References – The Multi-Billion Dollars Judgment Portfolios of UAE.
‘25th Year of Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration!’
“Open Letters to the UAE Administration
‘Open Letters’
- 1) Multi-Billion Dollar UAE Judgments’ For Sale’
- 2) ‘Judgment Creditor Booklet to Enforce UAE Judgments’
- 3) “Marking the 20th Anniversary of the Abu Dhabi Police-Looting”
- 4) Unique is the Case of ‘Judgment Creditor’ – “The White Paper“
- 5) “The Worst Cheating Scandal of Abu Dhabi, United Arab Emirates”
- 6) Real-life ‘Judgment Fraud’ by the UAE Administration Uncovered!
- 7) Khobragade Scandal sheds new light on India’s ‘Rotten Diplomacy’!
- 8) Truth and Justice are being nakedly sacrificed for “UAE Reputation”
- 9) The legacy of torture in the UAE; you may have never heard of!
- 10) India’s “National Shame”, the Ministry of External Affairs (MEA)!
- 11) Representation to Government of India for ‘Indo-Gulf Reparation Mechanisms’
- 12) Representation – Years of Human Rights Abuses in the GCC Member States!
- 13) Serious Breaches of Obligations Under Peremptory Norms of the UAE Law!
- 14) Representation to Government of India on ‘India-UAE Extradition Treaty 1997′!
- 15) First Human Rights Learning Centre in the History of United Arab Emirates (UAE)
- 16) What Man, Defy the Devil; Save Mankind from Dictators!
- 17) Reparation Law
- 18) Publications
Some of the Representations by the ‘Whistle-blower’ that Speaks For Itself!
1) Instructions for enforcement action against criminal contempt and willful disobedience to a set of UAE Judgments
The Government of India has not been able to get justice for the Investor so far, except a cruel and deliberate betrayal over the past two and a half decades. Virtually, the Investor was transferred from one cage to another; his freedom or dignity and his professional life continue to be denied indefinitely despite his running from pillar to post, to restore his dignity and respect and to recover his massive assets. [Read Latest Representations and Communications with the Union of India].
2) Strategy Formulation and Implementation of ‘Reparation Mechanisms’ Between India and the GCC countries, Dated 25-01-2013
‘Indo-Gulf Reparation Mechanisms’ – Strategy Formulation and Implementation of a Mutual Human Rights Law and Reparation Mechanisms Between the Government of India and the GCC (Gulf Cooperation Council) countries, mandating our elected representatives and officials to eliminate discrimination and imbalances of Non-resident Indians (NRIs) working in different countries. This also involves the recognition and protection of the dignity and respect of individuals. [Read: Summary of Indo-Gulf Reparation Mechanisms]
3) Representation including the Nitaqat Law & Years of Human Rights Abuses in the GCC Member States, Dated 10-06-2013
This representation [served as a reminder notice] was submitted with research reports of years of Human Rights abuses in the GCC Member States including a summary of some recent cases. Though the Ministry of Overseas Indian Affairs has established in 2004 to address the concerns of the Indian Diaspora, headed by a Cabinet Minister, Shri Vayalar Ravi, no action has been taken to ensure the safety and the welfare of Overseas Indian Community. [Full Text]
4) Probably, the First Hate-Crime Charge Filed Against U.A.E. Regime in the History of OHCHR Geneva, Dated 26-12-1996.
Al Wathba Central Prison, Abu Dhabi, where systematic torture and other forms of unethical and inhuman treatment on prisoners, especially against Indians taken place on a regular basis.
The Union of India has never discharged its duties and has always remained silent against such atrocities surrounded on Indian prisoners in UAE.
The Petitioner took up his case, along with the pleas and sufferings of thousands of prisoners to the United Nations and Indian courts. [Full Text: The Shocking History of ‘Al Wathba’ Central Prison, Abu Dhabi and a ‘Culture of Deception & Secrecy’]
5) ‘Union of India Cannot Extradite its Own Nationals to the U.A.E.!’ – A Representation Towards Extradition Treaty Between India and the UAE, Dated 24-11-1997.
A copy of representation, on the proposed India-UAE Extradition Treaty, was handed over to the then President of India, Shri K.R.Narayanan, by the ‘Petitioner’.
The Hon’ble President of India was kind enough to use his discretionary powers and transferred the same to the ‘top bureaucrats’ in South Block, Ministry of External Affairs, Government of India. Both, India and the UAE had ultimately signed the treaty but the Union of India cannot extradite its own nationals to the country in question under this treaty which came into force in 2000.
This particular clause applied to the ‘Extradition Treaty’ that a state does not have any obligation to surrender its own citizen, not only helped a majority of Indian migrants of UAE from false accusations and warrants but also relieved the Indian Courts from wasting precious time. [Full Text: India-UAE Extradition Treaty, A Flashback & The Recognitions of A Representation-1997]
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