Copy to the Hon'ble Prime Minister of India, Shri. Narendra Modi - Reminder to the Ministry of External Affairs (MEA), Delhi, in relation with the Representation of Mr. Jabir P.K., dated 28-10-2013

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The Orders of the Hon’ble ‘Supreme Court of India &  High Court of Delhi’

[P.K. Jabir  v  Union Government of India And
The Ministry of External Affairs (MEA)]


The Case:
[The tyranny in the ‘Judgment Creditor’s case was that he'd been forced to deal with the unjust or oppressive Governmental powers both in the UAE as well as in INDIA to legally enforce a portfolio of ‘Judgments’!]

The 'petitioner' (hereinafter referred to as 'Judgment Creditor') has made numerous representations to the Government of India asking them to help the 'Judgment Creditor' to enforce his four consecutive Judgments’ from the Legal Courts of Abu Dhabi, United Arab Emirates (1995-1996) in absolute terms in his favour in a landmark case which clearly established ‘police extortion and looting', arbitrary arrest, detention, torture and deprivation of his liberty and property in all forms.

The funniest facts of the case were, the Supreme Court of Abu Dhabi, UAE, found that there was no case existing against the victim nor was there any complainant proceeding against the victim. [Afraid of an adverse reaction due to the investigation order written by the Legal Court of First Instance of Abu Dhabi, the charge against the 'Judgment Creditor' was withdrawn by the plaintiffs, including the three policemen from Abu Dhabi police force - who had framed false charges against the victim to cover-up the extortion and looting staged at the office of the victim, the 'Judgment Creditor' - with separate declarations attested by the Notary, Abu Dhabi].

The Supreme Court of Abu Dhabi, UAE, ordered the state authority to restore the victim’s dignity and to compensate him for all his losses. “The Court, the three-judge supreme bench, praised the appropriate conduct and courage of the victim in their ‘Landmark Judgment’ and concluded that the victim is innocent; rather ‘a martyr.

 

But to avoid honouring its moral obligations and huge debts, the victim, the 'Judgment Creditor’, who was an 'Investor' in Abu Dhabi, UAE, was re-victimized by the 'Debtor', who else, the UAE administration,  vide a 'fraudulent  order  of deportation', as if the victim was convicted of a crime, and was arbitrarily expelled there from.


The Supreme Court of India took cognizance of the case and suggested the Delhi High Court deal with it. The 'Judgment Creditor' has thereafter moved the Hon’ble High Court of Delhi under Article 226 of the Constitution.

The Hon’ble Justice Shri Arun Kumar, High Court of Delhi, was pleased to issue a mandamus, vide judgment dated 20-11-1997 to the Union Government and the Ministry of External Affairs (MEA) under CW No.4972/97.

The Judgment/Order of Mandamus dated 20-11-1997 reads:
 “The only grievance of the petitioner is that his representation dated 26th December, 1996 has still not been disposed of by respondents 1 and 2. The said respondents are directed to dispose of the said representation of the petitioner within two months from today”.

A true copy of ‘the High Court Judgment’ is produced here with.

In total negation of such a specific order of the Delhi High Court, both the Union Government and the Ministry of External Affairs (MEA), despite the lapse of many years of date of the judgment, demonstrated a blatant disrespect to the law of the country.

Frustrated over this, the 'Judgment Creditor' again approached the Court for Justice. In January 28, 2004 the High Court of Delhi observed in its previous order that the Government should inform the Court of the steps taken to protect the rights of the 'Judgment Creditor'.

The Ministry of External Affairs (MEA), dragged the case mercilessly until 2007 by treating the Judiciary of India as an obedient deputy of the MEA. The case was being adjourned repeatedly, for date after dates, in consultation with the MEA, making all the noble concepts of the 'Customary Obligations' & 'The Vienna Conventions (VCDR 1961 & VCCR 1963) a mockery.

In its judgment dated 19/09/2007 Shri S. Ravindra Bhat, J, Delhi High Court, had extracted the letter of the MEA dated 29/07/1998 reading:

The 'Judgment' dated 19-09-2007 which reads:
“Shri. Jabir should pursue his legal action has already done by him through the UAE Courts. Although under Section 86 cannot be granted for suing the UAE Government, we are taking up the matter with our Embassy in Abu Dhabi once again, requesting them to pursue this case at appropriate level”. (Case No: WP(C) NO.6149/1998).

[Sadly enough, the stand taken by the Ministry of External Affairs (MEA) in the matter, hurt more the image of the Judiciary; the MEA was totally evasive of its committed duties.  Apart from these adversities, it was the 'Judgment Creditor' who suffered most adversely in his case due to the ineffective and shameful stand of the Government of India towards the 'Indian Diaspora'].

Principal Resources:-
B-diary proceedings of the Court, the High Court of Delhi is available in the following URLs:
http://www.lawyersindia.com/outsourcing/b-diary-proceedings-delhi-high-court-wp-6149-1998-2007.html

http://delhihighcourt.nic.in/dhc_case_status_oj_list.asp?pno=302345
&
Delhi High Court Judgment dated 20-11-1997
http://www.lawyersindia.com/outsourcing/document_high_court_india.html

UAE Court Judgments:-

Key Excerpts of Judgment, the Supreme Court of Abu Dhabi, UAE
http://www.legalcell.com/key-excerpts-of-judgment-supreme-court-of-abu-dhabi-uae-jabir-case.php

Judgment (Legal Court of First Instace) of Ministry of Justice, Abu Dhabi, UAE 

http://www.legalcell.com/legal-court-of-first-instance-jabir-case-abu-dhabi-uae.php



'Judgment Creditor's White Paper': Unique is the case of ‘Judgment Creditor’; disgracefully the perpetrator is the ‘Executive Branch of Abu Dhabi, UAE’ – White Paper

http://www.legalcell.com/founder-ceo.php

 


Archives:

1) Ref. Your Letter No.G/3139/2013/MEA (Gulf Division) dated 10th October, 2013
2) Vienna Convention on Consular Relations 1963 - Done at Vienna, Austria on 24 April 1963

[N.B. This letter – along with all supporting documents including judgments Arabic and English translations – are available at: 'Legal Cell' Website ]

Features & Documents:

* Judgment Creditor Booklet' to Enforce the UAE Judgment Debts

* Marking the 20th Anniversary of the ‘Abu Dhabi Police-Looting’ in Abu Dhabi, United Arab Emirates

* Unique is the case of ‘Judgment Creditor’; disgracefully the perpetrator is the ‘Executive Branch of Abu Dhabi, UAE’ – White Paper

* Here's the full story (Real-life Judgment Fraud by the UAE Administration Uncovered!).

Document Exhibits: Jabir's Case

Featured Reports:

  • 1) Truth and Justice are being nakedly sacrificed for UAE’s Reputation
  • 2) The legacy of torture in the UAE; Representation to MEA 07 November, 2013
  • 3) Indo-Gulf Reparation Mechanisms Timeline - Submissions & Responses
  • 4) Representation for ‘Indo-Gulf Reparation Mechanisms’ 21 February, 2013

  • Visit Main Section: ‘Publications’






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    The External Affairs Ministry, Government of India, Respondent in C.W.No.4972/97 (C.M.9144/97) was directed by High Court of Delhi, an order of mandamus to dispose of the representation submitted by petitioner within two months of the date of the Judgment. The directives contained in the judgment of Delhi High Court was dated 20-11-1997. In total negation of such a specific order of the Delhi High Court, the External Affairs Ministry, despite the lapse of 16 years of date of the judgment, demonstrates a blatant disrespect to the law of the country....Is the External Affairs Ministry of India above the Law?

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