A ‘Fugitive From Law’: “Sheikh Mohammed Bin Zayed, Head of A Repressive Regime, Abu Dhabi, UAE, Is A Fugitive From Law In Legal Term”.

A ‘FUGITIVE FROM LAW’: “SHEIKH MOHAMMED BIN ZAYED, HEAD OF A REPRESSIVE REGIME, ABU DHABI, UAE, IS A FUGITIVE FROM LAW IN LEGAL TERM”.
July 10, 2017 New Delhi. [First Published In ‘Reparation Law, News’] Download the authentic document of ‘A Fugitive From Law’ in PDF (Size: 1333 kb)

Photo Credits: Sheikh Mohammed Bin Zayed, head of the notorious State Security Apparatus in the UAE. [Inserted image: Mohammed Bin Zayed along with his brother Saif Bin Zayed, who is the Deputy Prime Minister of UAE since May 2009 and Minister of Interior since October 2004. He was the Deputy Director of the Capital Police in 1994–1995 before becoming the Director General of the Abu Dhabi Police on October 23, 1995]

A ‘Fugitive From Law’: “Sheikh Mohammed Bin Zayed, Head of A Repressive Regime, Abu Dhabi, UAE, Is A Fugitive From Law In Legal Term”.

[In accordance with the spirit of UN Articles on Diplomatic Protection 2006 framed on 31 March, 2013 this report is published by ‘Alliance Judgment Recovery’, in support of the ‘Judgment Creditor’, who has been unable to get justice for an unduly long period of the past 21 years against one of the worst violations of Human Rights considered even globally, in spite of the passing of 4 consecutive Judgments from the UAE Courts, including the Apex Court of Abu Dhabi in his absolute favour, as well as two other judgments from the High Court of Delhi, which was moved after approaching the Hon. Supreme Court of India].

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 situation is now changing in view of the recent developments in India by the International Court of Justice (ICJ), Hague, hearing on Kulbhushan Jadhav’s case. India could espouse a cause against Pakistan, a home to the second-largest number of Indian migrants after the UAE, when the life of an Indian citizen was threatened by actions of that country.  Further punitive measures were stopped on the basis of interim orders passed by the International Court of Justice.

In extreme cases of deprivation of the most valuable Human Rights as in the case of the ‘Judgment Creditor’, one would justify for an Indian citizen seeking relief against a foreign state even before international justice flora. The  ‘UAE fugitive’, who escaped from prosecution for the last 21 years, may feel the heat of these powerful legal provisions and machineries in the very near future.

Compared to Jadhav, who according to India Jadhav was kidnapped by Pakistani agents from Iran, the ‘Judgment Creditor’ is a noble citizen of India  and factually, his ‘kidnapping’ and arbitrary detention were proved in the legal Courts of Abu Dhabi, United Arab Emirates (UAE). The Hon. Court was  issued investigation orders against Abu Dhabi police & a local Emirati, an associate of the office of the ‘Crown Prince’ of Abu Dhabi, (With whom a civil lawsuit was filed by the ‘Judgment Creditor’ in a dispute of an apartment tower) and stiff punitive orders were slapped by the Supreme Court of that country.

Instead of enforcement of judgments the ‘head of the Abu Dhabi, UAE (de facto ruler)’ has repeatedly obstructed the administration of justice to cover up his link with the heinous acts of the notorious state police. The injustices and cruelties by the Executive of Abu Dhabi, UAE, against the ‘Judgment Creditor’, an Indian investor, remains a serious case with highest credibility over any other case in India for the World Court.

The Indian investor had built up in Abu Dhabi, UAE an enviable business empire of Engineering, Trading & General Contracting, 3 different establishments with all sort of infrastructure including warehouses, fully equipped electro-mechanical lab, workshop, staff quarters and other real estate investments etc., that worth US$100 million apart from work contracts and reputation, with his prime years, commanding respect of many of his clients and well wishers in the region.

The investor was entrapped in a criminal case, kept isolated in hellholes in different detention centres and brutally tortured and traumatised. He was continued under detention arbitrarily under squalid conditions, often solitary confinement, in order to humiliate or degrade him and was inaccessible by any of his staff or counsels.

Nevertheless, he could fight his case by his own; whereupon the UAE Courts declared him innocent, the case was false; framed by Abu Dhabi policemen with malicious intentions. The Court ordered the state authority to prosecute both the policemen and the local Emirati.  The Criminal Court observed that, the Interim Judgment of the Abu Dhabi Civil Court, ruled that the ‘Judgment Creditor’ [who was the petitioner in the said case] was the really aggrieved person and had deserved help.

The police dropped charges and plead guilty in the final stage of criminal proceedings. The Apex Court directed the authority to restore the Judgment Creditor’s dignity and compensate the ‘Judgment Creditor’ for all losses and sufferings inflicted upon by Abu Dhabi police.

In total negation of the Rule of Law of the country and kicking off all the Judgments pronounced by the Judiciary, including the Apex Court of Abu Dhabi, the investor, the ‘Judgment Creditor’ was deported from UAE with fraudulent claims by the ‘Emir’.  Thus the ‘Emir’, the de facto ruler, turned himself to be a cruel Fugitive from Law to hide his face.

Thereafter, the personal representations to the Union Government of India, including the United Nations & the NHRC, and legal proceedings were initiated in India by the victim, the ‘Judgment Creditor’.  All his pursuit of justice for the past two decades turned in vain, despite 2 Judgments from the Delhi High Court in 1997 & 2007 respectively, directing the Union Government to settle the case with their UAE counterpart.

The Government of India was in a clear breach of its obligations by ignoring the monstrous injustices and cruelties inflicted upon an Indian citizen, the irrecoverable loss of his huge business assets, the deplorable condition of his health, and most important of all, a portfolio of 4 consecutive Judgments absolutely in his favour by the learned Judges of the different Courts of a foreign state, Abu Dhabi, UAE, including the Apex Court.

The ‘Judgment Creditor’, an investor in UAE, had to undergo extremes of violence and abuses by the Executive Branch of Abu Dhabi [Including the 'wilful inactions' by the government of India] consist of:-

a)  He was literally kidnapped from his office and huge money was looted from his office by the police officials of Abu Dhabi, UAE.

b)  He was brutally tortured, and detained in hellholes under squalid conditions for a long period, in order to blackmail him to withdraw a civil lawsuit, against a local Emirati.

c)  His younger brother was also tortured and severely traumatized in front of him to withdraw the civil lawsuit and extort money from the ‘Judgment Creditor’.

d) During this long spell of illegal detention, the ‘Judgment Creditor’ was denied wholesome food, drinking water, medical attention and was inaccessible by his staff or counsels.

e)  He was held arbitrarily in different detention centres, often solitary confinement without basic amenities, throughout the period of detention and trial, which ruined his entire life.

f)  The Legal Court of First Instance of Abu Dhabi was declared that the conduct of the policemen clearly proved the malicious motives in initiating a criminal complaint against the ‘Judgment Creditor’. The police dropped charges framed against the ‘Judgment Creditor’ and plead guilty in the legal court after an investigation orders passed against police. However, an order of enquiry passed by the Legal Court against the conduct of the Policemen (and beyond) was ignored by the Abu Dhabi authority. The conduct of the Prosecutor too was condemned.

g)  His detention, malicious and deliberate misuse of power, were continued even after the Trial Court Judgment, after a full and fair trial acquitted him, the ‘Judgment Creditor’.

h) The Apex Court of Abu Dhabi, UAE, passed stiff punitive orders against the Abu Dhabi police and strongly condemned the prosecution in its ‘Landmark Judgment’ but  the ‘Judgment Creditor’ was not released from prison.

i)  All the four expeditious Judicial Verdicts of Abu Dhabi Courts were repeatedly obstructed, kicked off and violated the basic principles of a civilized Government of honouring verdict of the judiciary, Executive abiding by such verdict.

j) All these atrocities that took place against the ‘Judgment Creditor’, when the final decision of his civil lawsuit on an apartment tower, was due to be announced by the Legal Court of Abu Dhabi, UAE. As the petitioner of existing civil lawsuit, the ‘Judgment Creditor’ had already received an Interim Judgment from the Hon’ ble Court in his favour.

k)  Worst still, even after the Appellate Court affirming the decision of the trial Court, entitling the ‘Judgment Creditor’ to be set at liberty and receive back all assets deprived, and other rights and privileges restored, the ‘Head’ of Abu Dhabi, UAE, fraudulently ordered the deportation of the ‘Judgment Creditor’ from UAE instead, with only his ‘wearing apparel’, to be back in India.

l)  He had built up in Abu Dhabi a group of businesses of Engineering, Trading & Contracting and assets worth US$100 million way back in 1995. He lost all his investments and business assets as an aftermath of his illegal deportation.

m)  Refusal of the government of India, the Ministry of External Affairs (MEA), to consider the representations of the ‘Judgment Creditor’ detailing the patent violation of Human Rights by the UAE, despite 4 consecutive Judgments from the UAE Courts, and 2 other Judgments from the High Court of Delhi after approaching the Hon. Supreme Court of India.

n) The ‘Judgment Creditor’ is still under arbitrary detention in various forms, denying his property, fundamental rights and grossly offending the values of his human dignity for the last 21 years that followed.

There cannot be any doubt or dispute about the averments of the ‘Judgment Creditor’, all the claims he had made, as they are fully supported by the orders of Courts both India and UAE, and the official documents of the governments of India UAE.

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 there-from. The ‘successor governments’ also remain bound by the acts incurred by the ‘predecessor governments’.

The evidence is supplemented and corroborated by other documents produced hereunder and enumerated to the sake of convenience.

READ FULL TEXT  ‘MULTI-BILLION DOLLAR UAE JUDGMENT’ FOR SALE’
http://www.judgmentforsale.com/articles/multi-billion-dollar-uae-judgment-for-sale/

END NOTE

The State practice of International Law in India, no doubt, is purely based on vote-bank politics and not for the administration of justice. The India-US row in 2013-14 over the arrest of Deputy consul-general Devyani Khobragade, who was indicted for visa fraud in New York (who also blatantly violated the Indian passport act), has revealed this dirty secret.

Nevertheless, no justification whatsoever can exist for India’s erroneous inaction for more than two decades for such lapses. And those Judgments remain unexecuted even after 21 years of their signing by the Abu Dhabi judiciary, UAE, perhaps a unique phenomenon, most eligible to be recorded in Guinness Book!

Promoted by: ‘Alliance Judgment Recovery’

In support of:
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GLOBAL CAMPAIGN!

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

IN THE UAE, “FIRST THEY CAME FOR THE INDIANS”

• First they came for the Indians, I remained silent – I was not an Indian;
  Then they came for the Europeans, I remained silent – I was not a European;
  Then they came for the Americans, I remained silent – I was not an American;
  Then they came for the Emiratis, I remained silent – I was not an Emirati;
  Then they came for the Qataris, I remained silent – I was not a Qatari;
  Then they came for me – and there was no one left to speak out for me.

Link To Global Campaign

• ‘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!

Link To Articles