Real-life ‘Judgment Fraud’ by the UAE Administration Uncovered! Friday, April 04, 2014 New Delhi

The case of the victim emerged from manipulation of power by the UAE Administration. The subsequent fact that the judgment(s) had been pronounced long past and that its implementation was twisted by the culprits who have access to those in power. [Photograph: Lieutenant General Sheikh Saif Bin Zayed AlNahyan, the Minister of Interior, United Arab Emirates]

There may be countries in the world which delays justice on the basis of enforcing judgments. But the Abu Dhabi, United Arab Emirates (UAE), is the only place in the world as a ‘real-life examples of ‘Judgment Fraud’, to avoid honoring obligations!

“A story of frightening, inhuman and deadly tortures; the blatant violation of the law and the most shocking travesty of Constitution of the United Arab Emirates to which the victim was exposed to”.

A brief background of the case

The victim (hereinafter called “Petitioner”), in the case was a high earning engineering expert and investor from India with established contracting and trading businesses. He 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. On 26th October 1995 the petitioner signed a lease agreement on behalf of his principal company, the ‘Premier General Contracting Est’., with a landlord, Mr. Hassan Saeed, a native of Abu Dhabi, covering a Nine Storied Building proposed to be leased out for a sum of UAE Dirhams 1.08 million (USD 2,94,000.00) Per Annum, with condition to renew semi-annually.

Civil Suit against a local

The trouble started when the landlord wanted to wriggle out of the contract and was not willing to perform his obligations under the terms and conditions of the contract. The petitioner had already taken up essential renovations including painting, replacement of civil and electro-mechanical fittings that worth UAE Dirham 3 Lakhs. Meanwhile, the landlord had sold some of these flats to others against the terms and conditions of the contract and contrary to law. As such, a dispute arose with the landlord and the petitioner.

On the basis of legal advice, the petitioner instituted a Civil Suit in Abu Dhabi Court for settling the issue. The conspiracy on the part of the landlord to avoid paying debts was one of the important and thrusting points in the civil suit. An interim order was granted by Abu Dhabi Court of Justice in favour of the petitioner.

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. He was claiming to be a close associate of the office 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.

The frightening, inhuman and deadly tortures to which the victim was exposed to: The petitioner 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.

The critical incident took place on Thursday, 26th October 1995, around noon when the landlord along with one of his accomplices made 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. Reacting terribly to the situation by securing the help of ‘the extortion mafia working under Abu Dhabi Police’, they ransacked the entire office of the petitioner and robbed him of all cash and valuables. [A large quantities of money, worth UAE Dirham 3.5 Lakhs, was looted from the vault which was kept for the distribution of wages for employees]. 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 even (hands) with metal shackles.

The petitioner was shackled and literally dragged out of his office along the street to the Police vehicle, in the presence of known friends and bystanders.

He was then 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 the 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.

Bizarre twist in the case of police extortion by duty officer of the rank of Captain, Abu Dhabi Police The duty and responsibility of the authority to protect the judgment creditor against the threats of violence was left unattended.

When those atrocities were being committed in the police station, the petitioner’s sponsor, Mr. Easa Ahmed met the duty officer of ‘Asma Police Station’, who is of Captain’s rank to enquire about the arrest of the petitioner. He was then told a concocted story that 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 high ranking 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 by 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 he will 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.

Al Wathba Central Prison, Abu Dhabi

The Al Wathba Central Prison in Abu Dhabi was overcrowded with more than three thousand prisoners – three or four times larger than its actual holding capacity. In scorching heat of the desert, within concrete cages, prisoners were made to live in inhuman conditions without the basic amenities of life. Not even a fan had been 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 sustained 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.

The Agony and Pain

Throughout the entire period of detention, the petitioner was subjected to all forms of humiliation, mental agony and unimaginable pain. Though the prison

with appealing exterior has been constructed, that remained only a show-piece for the police administration to parade before visiting personalities from the outside world. The petitioner, along with three thousand other prisoners in the central prison had been subjected to the most cruel torture and deprivation of basic amenities. [Link: The Prison-life of the Petitioner – ‘My Prison-life in Abu Dhaib']

Financial Losses

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 got stammered, causing heavy loss.

The petitioner suffered huge losses for non-communication and by not allowing him to have meeting with any person or to sign any paper with the outside world. This resulted in the cancellation of contracts and liability to pay damages to various departments, contractors, dealers and many and varied financial obligations. Since the petitioner was the prime operator of his Trading and Contracting establishments, his absence had its natural consequence of throwing the different works of the establishment out of gear.

Business Loss

All these resulted in the loss of physical assets, material damages, strategic resources, trust, reputation, loss of corporate identity; the goodwill, prestige, image, opportunities and social status, all painstakingly built by the petitioner over two decades of prime of his life were lost. A corporate identity established with due professional care and attention had been tarnished. The anguish resultant from the deprivation of his establishments, assets and reputation earned exclusively through the untiring personal efforts of the petitioner causes extreme mental depression which will virtually make his life only a vegetable existence. [Link: The details of Business Establishments in Abu Dhabi, owned by the petitioner]

A Long Journey To Court

The victim was brought to the court on 27 (Twenty Seven) occasions, dragged with shackles, manacled and cuffed on both hands and legs as if the victim is a dangerous criminal. Such inhuman treatment was inflicted even on women contrary to all injunctions of Islamic faith.

The prisoners look for the day when they are presented in Court as that is the only occasion when they could breathe fresh air and see the outside world and fellow human beings. The very process of journey to Court is an ordeal. The prisoners are informed about their production in Court only the previous day. Such prisoners who are to be produced before the Court are picked up from different prison cells. The process starts soon after midnight.

The 120 km. trip to the Court in an armoured truck and the return there from through desert in harsh hot weather, thus often become ordeals and created agonizing situations. Most of the prisoners fall sick for a long duration of about two weeks after every such Court trip.

Whenever a prisoner is taken out of the jail, they will be dragged with shackles, manacled and cuffed on both hands and legs. Such inhuman treatment is inflicted even on women contrary to all injunctions of Islamic faith. We had been handcuffed and legs placed in the painful grip of fetters on all twenty seven occasions when we were taken from prison to Court to face the trial, in an armoured covered truck. Although its capacity was 15 persons, about 50 persons were packed like salted fish making each one gasp for breath during the journey.

False Allegations against Petitioner The blatant violation of the law and the most shocking travesty of Constitution of the United Arab Emirates to which the victim was exposed to:

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”. Untold sufferings were also inflicted on the petitioner as an under-trial prisoner. The public prosecution demonstrated extraordinary misconduct in its investigation.

The petitioner was kept waiting all these days in a small and narrow room in the Court premises, 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.

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.

On 10/4/1996 the innocence of the petitioner had been ultimately upheld by 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 levelled 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 up there; 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 order 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 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 eminent Jurists Panel of Apex 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 victim is innocent; rather ‘a martyr’. The Court observed further that 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’.

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.

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”.

A true copy of Arabic including English translation of ‘the Final Judgment’ is available here (Link: ‘Key excerpts from the summary of the judgment, Abu Dhabi Legal Courts‘)

Deportation Order of General Directorate Police, Abu Dhabi, UAE Real-life examples of judgment fraud, the way how the Ministry of Interior, United Arab Emirates (UAE), bypassing it’s Court Orders to avoid honoring obligations!

In the wake of the concurrent judicial findings of the Court, the victim should have been restored to his former status and position and adequately compensated for the mental agony and sufferings 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, the authority decided to deport the petitioner from the UAE in total disregard to the crucial legal position that 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’.

The deportation order 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, loss of the court ordered monetary compensation 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.

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 of the country permits recovery for reputational harm and economic losses flowing from the falsity of a defamatory statement. A true copy of ‘the Deportation Order, by ‘Captain Hamad Ahmed is available here (Link: ‘Deportation Order of General Directorate Police, Abu Dhabi, UAE’ Arabi & English)

‘No Entry & Cancellation of Residence Visa’ The official in the UAE was instrumental for cheating an Indian Investor, depriving him of his rightful benefits from a Portfolio of Judgments

of that country. The Judgment of the Apex Court of Abu Dhabi was worth hundreds of millions as compensation to restore the life of petitioner, his dignity and his business establishments.

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 call for his removal 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. The Emirate, Abu Dhabi, United Arab Emirates (UAE), is answerable vicariously and otherwise for all such violations of law.

The officials in the Ministry of Interior, UAE, not only cheated a Judgment Creditor but it also cheated the entire pillars of constitutional doctrine of that country. The Ministry of Interior, Abu Dhabi, UAE, also owe huge debts to the Judgment creditor, solely and exclusively responsible for the closure of ‘his various business establishments in Abu Dhabi, United Arab Emirates’.

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References

• ‘Oh, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial’
• The legacy of torture in the UAE; you may have never heard of!
• ‘India’s National shame’
• A Portfolio of UAE Judgments For Sale!
• UAE: Reports of systematic torture in jails
• The Promises and Perils of the UAE Constitution
• International Laws and the Covenants
• Photograph: Lieutenant General Sheikh Saif Bin ZayedAlNahyan, the Minister of Interior, UAE 
• Key excerpts from the summary of the judgment, Abu Dhabi LegalCourts 
• Judgment in Arabic (Final, Legal Court of Appeal) of Ministry of Justice, Abu Dhabi, UAE (View inArabic) 
• Judgment in English (Final, Legal Court of Appeal) of Ministry of Justice, Abu Dhabi, UAE(View in English) 

Coming Soon!

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