“24th Year of Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration”

“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!

Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.

“The Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration” – Marking the 24th Anniversary of Abu Dhabi Police-Looting & Fraud!

‘Statement on the occasion of the 24th Year of Embezzlement of Huge Wealth by Extortion, Gang-Robbery, Kidnapping, Fraud and other Violent Crimes by UAE administration, including prolonged Non-implementation of a set of Judgments of the Legal Courts! – A Gross Miscarriage of Justice Like No Other!

New Delhi 26 Oct, 2018: ‘Reparation Law’ ‘Download the True Story of ‘Chase the Trails of 24-Year ‘UAE Fugitive’, A Habitual Offender!”, in PDF (Size: 455 kb)’

As detailed in the ‘Representation to the Union of India, dated 12-05-2018′, this case is the result of a racially motivated hate crime with assignments of tasks, as part of deliberate design, the local police schemed in collaboration with Mohammed bin Zayed Al Nahyan (known as MBZ), Crown Prince and de facto head of the UAE Federation, who was a party to this most serious violations of Human Rights and the Constitutional Rights of a Citizen of India.

There are patent and admitted violation of the precious Constitutional Rights guarantees under Article 14,19,,21 and 300A of the Constitution. The actions and omissions on the part of U.A.E. thus constitute violation of Human Rights for which all countries under the U.N. are liable and answerable.

The Gross Miscarriage of Justice Like None Other the World Has Ever Seen!

The phrase “Miscarriage of Justice” is consistently synonyms with wrongful conviction, referring to a situation in which a person who is actually innocent is convicted of a criminal offense.

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 kidnapped, tortured, threatened him to be killed and subsequently detained for a long period often in solitary confinement by a group of royal thugs.

He was further treated with all adverse consequences of repeated-victimization, deported him from UAE, that 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 ‘Decree Holder’ was trapped in a fabricated case, but he boldly fought in all the 3 Courts in Abu Dhabi, UAE, against the Abu Dhabi Police, fearless of the negative situations prevailing in that country.

An excerpt of Apex Judgment it reads “All the evidence indicates to the appropriateness of his behaviour”. A full bench of the Supreme Court heard the case and 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 police who are criminals!

The ‘Decree Holder’ became a winner again, secured 4 consecutive Judgments in UAE against his perpetrators in 1996 but he is still suffering without dignity, respect and all his material wealth due to the fraudulent deportation from UAE by his unscrupulous debtors, the UAE administration!

The Criminal Liability Against UAE Administration

The Criminal Liability for which the person is directly responsible had already been established with a set of Judgments. Any civilized Government, more so a Member of United Nations, should have hastened to implement the Judicial directives.

The execution, the Judicial proceeding will complete only when the ‘Decree Holder’ gets his property or money and compensation for the damages awarded to him as per the Legal Judgments and Orders, apart from a long list of embezzlement of funds and outright fraud.

Had the Court Judgments in favour of the petitioner awarded 24 years ago, i.e., in 1996, been duly executed or granted the appropriate reliefs to the ‘Judgment Creditor’, his case would have been closed then and there. Instead, the UAE administration committed yet another series of crimes of Contempt of Courts, defrauding the Judgment Creditor, fraud etc., and deported the Judgment Creditor in the most diabolical manner!

It’s High Time for the UAE Government to Come Out of its Hideouts, Face the Facts and Uphold the Laws of the Land!

Mohammed bin Zayed, the de facto ruler of UAE, woke up only to ignore 4 numbers of consecutive Court Judgments of his country against him and another Judgment (decree) by default, for guilty of contempt of Courts, perjury, fraud and perverting the course of Justice! [For more details, see ‘Open Letter to H.H. Mohammed bin Zayed Al Nahyan’, dated 20-04-2018]

The ‘Judgment Creditor’ was an India-born UAE investor in Abu Dhabi, his ‘Business Assets’, including Engineering, Contracting and Trading Firms, stood at a minimum of One Hundred Million U.S. Dollars when the dreadful tragedy took place in the prime of his life.

The Gravest Crime of the UAE Administration which Led to all the Miseries, Irreparable Losses and Sufferings of the Judgment Creditor are Summarized Herein Below, in a Nutshell:

A true story of 24-Years of gross exploitation of huge wealth of a foreign investor in Abu- Dhabi, United Arab Emirates, by offences of Police-extortion, gang-robbery, kidnapping, tortures, fraud etc., apart from contempt of Courts, the prolonged non-implementation of a set of its half-dozen Judgments passed in his favour from both, his host state as well as the sending state.

Mohammed bin Zayed, who is culpable in this most bizarre gruesome crime, had conspired with or rather deployed the Police officials in Abu Dhabi to stop the ‘Execution of a Decree’ awarded to the Petitioner by a Civil Court on an apartment-tower litigation, which was against his associate, an Emirati local.

The policemen did things in the most terrible manner and were caught red-handed by the ‘Decree Holder’, while committing burglary at his office.  A policeman in plain clothes forcibly broke open the office locker with a heavy iron rod in his hand and looted US$.4m worth money and valuables. The Petitioner locked the door and sought intervention from the police. Next to this, the ‘Decree Holder’ had to encounter all the humiliations and the perils in the years that followed. [For more details, see featured article on Abu Dhabi Police-Looting] 

The Petitioner and his younger brother were brutally tortured and abducted from their office by a group of callous policemen who joined hands with the trespassers, and they treated the Petitioner and his brother like ‘terrorists’, beaten in cold blood, kept them isolated in hellholes in different detention centers and traumatized, before taking them to the notorious Al Wathba Central Prison. [For more details, see featured article on ‘Al Wathba’ Central Prison, Abu Dhabi, UAE]

They were kept in continuous imprisonment arbitrarily under squalid conditions, often solitary confinement, in order to humiliate or degrade him and was inaccessible by any of his staff or counsels and were held as a shield against their aggravated crimes.

It took six months thereafter, for the petitioner to have his first appearance in Court. A false case was registered against the petitioner under the case No. 152/1996 offenses, alleging “Using force against Government employee and assault”.

Despite all such negative situations, the Petitioner could convince the Judiciary of Abu Dhabi, that the involved policemen were acting upon the instructions of the ruling elite.

The sworn statements procured from witnesses during interrogation, on multiple occasions, were misplaced and or rejected by the Police-Prosecution Mafia operating in that country.

Even Indian witnesses were threatened by prosecutors against testifying the facts. It triggered the witnesses from other nationalities coming forward to give testimonial evidences in Open Courts despite warnings of dire consequences.

The Criminal Court expressed its shock while noticing that a victim who sought for police help from trespassers was deliberately beaten and detained!

The Hon. Court anxiously listened to the evidences of eyewitnesses 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 Bengali all are thieves and procurers”.

Mr. Zulfiqar Ali who gave similar statement, moreover he added-that the ‘accused’ have neither resisted the police nor they have beaten anyone from the patrolling squad and that the ‘accused’ 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, an Iranian, whose testimony came similar to the declaration of the first two witnesses.

The Hon. Criminal Court found the offenders (3 Policemen and the associate of bin Zayed) were guilty and has issued an investigation order towards the crime committed by them.

During the course of hearing, the policemen dropped all charges framed against the ‘accused’, by separate written statements duly attested by Notary Public, pleaded guilty of their illegal actions which amounted to a conspiracy against the petitioner.

When the Policemen and the Emirati, the associate of bin Zayed,  pleaded guilty, the competent authority, the Prosecution, has declared itself willingness to accept responsibility, in order to avoid further investigation in the case.

Despite the prevailing political culture, the Legal Court passed the ‘Investigation Order’ against the heinous police-crime and the subsequent cover-ups. (The authentic Judgement by ‘CRIMINAL COURT’ is available here both, Arabic and its English Translation)

In a desperate attempt, the prosecution moved the Apex Court.  Subsequently, the Full Bench of the Highest Court of Abu Dhabi, UAE, heard the case at length considered the facts and evidence and affirmed the Judgement of the Lower court and approved the investigation order against the culprits, the Policemen and bin Zayed associate. The conduct of the Prosecutor too was condemned.

The Hon. Appellate Full-Court therefore, while pronouncing its Judgment, ordered the restoration of the victim’s dignity, rights and privileges, and to compensate him for all his losses. (The authentic Judgement by the ‘APEX COURT OF ABU DHABI’ is available here both, Arabic and its English Translation)

All the Four Judicial Verdicts of Abu Dhabi Courts were Nakedly Violated by the ‘UAE Administration’ and the De Facto Ruler Refused to Obey and Implement the Court Orders. 

As the case history reveals that with the malicious motive of destroying the petitioner, the repeated orders of the Courts to release the Petitioner and to investigate the conduct of the Police, vis-a-vis the crimes committed by police, the reparation order etc, were defied by the UAE executive, causing extreme hardships to the ‘Judgment Creditor’. This superstition of  Judicial decisions by executive fiat is rank subversion of the rule of law.

The UAE Authority fraudulently twisted the due administration of justice in order to evade the law and avoid its punishment against the perpetrators. The specific order passed by the UAE Judiciary to investigate offences of policemen against the Petitioner such as extortion, gang-robbery, and about the involvement of senior officials in the scheme and other heinous crimes, tortures etc., was never probed in spite of clear evidences. [For more details on Abu Dhabi Police-Torture, see ‘The Authentic Reply towards the Letter No.G/3139/2013/MEA (Gulf Division) dated 10-10-2013]

During the course of hearing, the policemen also pleaded guilty of their illegal actions which amounted to a conspiracy against the petitioner. What was left thereafter was ‘only the Execution of Court Judgments to give the sanctioned benefits of those Judgments to the Petitioner. But instead, the Administration of UAE, deported the ‘Petitioner’ to India violated each and every verdicts of the Judiciary of the UAE and committed the serious crime of Contempt of Court.

Worst still, the debtor, the ‘UAE administration’, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, thus to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, his personal images and reputation in the UAE, hard earned by his blood and sweat, his intellectual property including his valuable expertise in profession. (The authentic Order of [FRAUDULENT] DEPORTATION by UAE Administration’ is available here in Arabic, and here its English Translation)

Ultimately, this fraudulent order of deportation also led to the Petitioner’s character assassination, who had an investor-status in UAE with a group of well established business institutions in the country, worth millions of investments, leaving him in utter penury and physical trauma.

The High Court of Delhi

The ‘legal fight’ for the enforcement of Judgments’ took in very many proceedings before the Supreme Court of India and the High Court of Delhi. The Delhi High Court heard the Petitioner’s Writ Petition in 1997 and issued a ‘Mandamus’ to the Union of India, Ministry of External Affairs (MEA), to settle the case in ‘Two Months’ with the UAE counterpart. (The authentic Judgement of HIGHT COURT OF DELHI, Appellate Civil Jurisdiction).

The Union of India is Doing an Unpardonable Mistake of Dragging the Case for a Long Period of 24 Years to Date, Despite a Portfolio of Six Legal Judgments, Apart from ‘Contempt of Courts’ and Unlawful Tactics.

In a letter dated 29-04-2018 the Union of India asked the Petitioner as to what action shall be taken to resolve the case! [A copy of letter dated 29-04-2018 the Union of India, is available here in PDF format].

In response thereto, a detailed reply was sent by the Petitioner to the Union Government, about the action to be taken on the basis of criminal contempt and disregard for the laws, rules and orders against the most serious and heinous of crimes by UAE administration, covering all the relevant facts. [For more details, see ‘The Authentic Reply to the Union of India, dated 12-05-2018]

The Union government will have to take up the case, at least at this belated stage, by way of parley and negotiations consistent with procedural codes of international laws and conventions. The UAE must be persuaded (or even pressurized) to accept the just claims of the Petitioner for a time bound enforcement of the Judgments, recover embezzled funds and payment of damages for the continued violations of the Human Rights of the petitioner.

If a grossly unjust and illegal stand is persisted in by UAE, and contumaciously too, UAE has to be held further liable for such perpetration of atrocities and gross violation of Human Rights. This can be done effectively, by proceeding against the massive assets and investments made by UAE in the various ventures in India proposed on a collaboration basis (by way of industries and other commercial transactions).

The UAE has adopted a reasonable attitude when it settled the American citizens claims for damages for violation of Human Rights against Abu Dhabi Crown Prince, Mohammed bin Zayed, when, the American Court issued process overruling the technical contentions of their diction.

The Order of the Court in the U.S. and the settlement reached between UAE and the complainant therein (Details produced herewith) will buttress the just demands of the Indian National, which Union of India has the honour and privilege to represent.

In the above circumstances, it is respectfully submitted that if the Government of India persuade and pressurize the UAE to meet its obligations under the laws, particularly the ‘International Laws‘. It will obviate a litigation against UAE and generate goodwill in the minds of the Indian citizens, particularly those undertaking enterprises involving substantial investments.

The injustices and cruelties of the authorities of UAE, against the Petitioner, has now crossed an unimaginably long life of ‘Twenty Four’ years! These events have, in turn, destroyed all the potential life span of the Petitioner and there’s no amount of money will ever compensate him for the loss he have suffered!

Panikkaveettil K. Jabir (Petitioner)
Friday 26 Oct, 2018.

Twitter.Com/JabirOrg

WWW.UAE.JABIR.NET

Some of the Representations by the ‘Whistle-blower’ that Speaks For Itself!

1) 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 treatments 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 others who’re concerned about Human Rights violations worldwide. [Full Text: The Shocking History of ‘Al Wathba’ Central Prison, Abu Dhabi and a ‘Culture of Deception & Secrecy’]

2) ‘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 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]

3) 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]

VISIT TIMELINE: INDO-GULF REPARATION MECHANISMS

GLOBAL CAMPAIGN!

‘Judgment For Sale’ (Court Judgments are not worthless piece of papers) As a lawful owner of a legal Judgment, the ‘Decree Holder’ has the right to offer his Judgment for sale or to make efforts to legally enforce and recover his assets and the inherent rights of individuals to dignity. …Why do we sell the UAE Judgments?

Global Campaign
“Alliance Judgment Recovery Networks”

Reference Links 

• “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 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 the 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!

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