['Part of the letter to Dr. Shri. Shashi Tharoor Hon'ble Member of Parliament and Chairman of the Parliamentary - Standing Committee on External Affair']

Monday 28 Mar, 2016

[Download Authentic Copy of Letter (PDF: 255 kb]

[Link to Main Letter: "Non-enforcement of Judgments against Arbitrary Detention and Deprivation of Liberty & Fraudulent Deportation in the UAE" ]

 

'KEY EXCERPTS FROM THE JUDGMENT - THE APEX COURT, THE SUPREME COURT OF ABU DHABI, UAE'

KEY EXCERPTS FROM THE JUDGMENT - THE APEX COURT
"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" - Apex Court Judgment, Abu Dhabi, UAE.
http://www.lawyersindia.com/outsourcing/judgment_english_translation.html

The Apex Court Judgment – English Translation
(Jabir’ Case, Abu Dhabi, United Arab Emirates)

[Ministry of Justice, Department of Legal Judgment Legal Court of Appeal -Abu Dhabi. [Appeal under NO. 188/1996 dated 18/4/1996 based on judgment pronounced by the legal Court of  first incident on 10/4/1996 regarding the case NO. 152/1996 offenses]

In the public session held on 19/5/1996 under presidency of the Judge: Abdul Baqi Abdul Hakam and the membership of the two judges:
1. Hasan Shareef Al- Jafri
2. Mohammad AI –Aboodi

Appeal Raised by: The public prosecution Abu Dhabi

Against: (The Accused / the Appellees here in as mentioned)

1. Panikkaveetil Kottilugal Jabir  (Indian National)
2. Panikkaveetil Moideen Abdul Jabbar, Indian National related the

 [The Court]

The charge against the victim was quote ''applying force against a government servant and assault’’ unquote.

Key excerpts from the summary of the judgment, Abu Dhabi Legal Courts:-
The higher Judiciary of the UAE upheld the innocence of the victim by concurring verdicts; simultaneously, it was proved that both the plaintiff, police personnel Mr. Ahmed Abdullah Abdul Kadir and other police men were the aggressors who cruelly assaulted our client without any provocation. The court witnessed a situation that there has no claim against defendants (our client). The court determined the defendant was illegally detained and ordered his release.

The operative part of the Judgment clearly reveals the malafides and arbitrary manner in which the police department of Abu Dhabi has acted.

There is not a shred of evidence which can prove the first accusation but in contrary it is proved from the saying of the policeman that the first accused has received him hospitably when invited him for a cup of tea, and all the accused has done was that he ordered his brother, " the second accused" to close the door and to call the police, which is logical conduct and free from any resistance or prevention to the policeman from performing his duties. All the evidences indicates to the properness of his behavior, some of these evidences are:-

1. The accused was confident being innocence as he has informed in advance that he has deposited the amount of the cheque Which is subject of accusation at the treasury of the legal Court and the plaintiff has confirmed the same In the investigation.

2. The policeman and the plaintiff came in civil dress on 26/3/1995, which means that the plaintiff by this time was aware that the amount is deposited in the Court. Moreover, the policeman was holding shackles, inspite of all that, the first accused has only ordered his brother to close the door and asked him to contact the police, which is a logical matter that can be adopted by any man in such a situation.

4. The policeman declared that he has taken the key, opened the door and went out. This means that there was no resistance from both the accused and if they had prevented Hasan from going out, it was because they understood that he came to attack them, after they had informed him.

5. They had deposited the due amount of cheque in the Court.

6. The escape of the policeman from the shop proves that he was wrong and has no legal authority to arrest the accused. And what the both accused have done was that they only asked to inform the Police about the matter. In fact the policeman should do this and he has to welcome this action, and he should not run away and stand at the door holding an iron bar in hand threatening anyone who come near the place.

7. It is confirmed that the policeman moved with the plaintiff upon oral instruction to summon the first appellee. On the reading the arrest warrant, a copy of which was presented before the Court of appeal, it seems that the warrant encompassed that the first appellee was to appear before the police of the capital, and no where it is mentioned to arrest the appellee and it was duty of policeman to act according to the contents of the warrant.

8. 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 a man was killed, while protecting these, he is considered to be a martyr. And limitation of his freedom without any rights is an unforgiving crime and the same is mentioned in the provisions of articles 2 and 3 of the Penal Procedures Code. And it is proved in this case that the policeman along with the plaintiff went to arrest the accused and to limitate his freedom…. Therefore, it is right of the accused to verify the reason behind which he going lo be arrested, and to take help of the security men and to defend his freedom. The accused had exactly done the same when he asked to inform the police to inquire into the matter and to conduct the necessary Investigation in respect of this assault.

9. It is strange to find a declaration enclosed with the papers executed by the policeman, attested by the Notary Public under number 2314/96 dated 17/3/1996 concluding his disclaims from his rights in this legal case which is a clear cut evidence showing that he felt his mistake and so he wanted to relinquish ! The Court is wondering, from what he wants to relinquish ? Does he want to abandon the security of the country? Then this is a solid evidence that both the accused did not resist the policeman.

When the case came up for hearing on 10/4/1996 at the Legal Court of first Instance – Abu Dhabi, Hon’ble Judge Mohammed Abdul Rahman Al-Khoori, after hearing both the parties, declared the innocence of the Judgment Creditor and forwarded the judicial findings to the public prosecution to investigate the incident of aggression committed by the local and the other police men who in fact, became the instrument of horrific torture designed to extort money – (The judgment of the Legal Court of First Instance attached separately herewith).

Full Text of the Apex Court of Abu Dhabi, UAE
Judgment (Final, Legal Court of Appeal) of Ministry of Justice, Abu Dhabi, UAE     [English & Arabic]      
http://www.lawyersindia.com/outsourcing/judgment_english_translation_01.html
http://www.lawyersindia.com/outsourcing/judgment_final_arabic.html

Primary Court Judgment

The Legal Court of First Instance, Abu Dhabi, United Arab Emirates (UAE)
http://www.legalcell.com/legal-court-of-first-instance-jabir-case-abu-dhabi-uae.php

Also Read the Supreme Court & High Court of Delhi:
[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’] [P.K. Jabir v Union Government of India & The Ministry of External Affairs (MEA)]

Useful Links (Updates):-

1) "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" - Apex Court Judgment, Abu Dhabi, UAE. 'Key excerpts from the Apex Court Judgment, Abu Dhabi, UAE'
http://www.judgmentforsale.com/excerpts_judgment_summary_abudhabi_uae.html

 

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

http://www.lawyersindia.com/outsourcing/judgment_first_instance_english.html
3) Deportation Order' of General Directorate Police, Abu Dhabi, UAE       [Arabic & English]     
http://www.lawyersindia.com/outsourcing/deportation_order_english.html       

4) The details of Business Establishments in Abu Dhabi, owned by the Judgment Creditor
http://www.judgmentforsale.com/articles/85/

5) Julian Assange arbitrarily detained by Sweden and the UK, UN expert panel finds
http://ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17013&LangID=E

6) ‘Judgment Creditor’s Booklet to Enforce the UAE Judgment Debts’
http://www.judgmentforsale.com/blog/judgment-creditors-booklet-to-enforce-the-uae-judgment-debts/

7) “Marking the 20th Anniversary of the ‘Abu Dhabi Police-Looting’ in Abu Dhabi, United Arab Emirates”
http://www.judgmentforsale.com/blog/marking-the-20th-anniversary-of-the-abu-dhabi-police-looting-in-abu-dhabi-united-arab-emirates/     

8) Unique is the case of ‘Judgment Creditor’; disgracefully the perpetrator is the ‘Executive Branch of Abu Dhabi, UAE’ – White Paper
http://www.judgmentforsale.com/articles/unique-is-the-case-of-judgment-creditor-disgracefully-the-perpetrator-is-the-executive-branch-of-abu-dhabi-united-arab-emirates-white-paper/

9) Real-life Judgment Fraud by the UAE Administration Uncovered!
http://ireport.cnn.com/docs/DOC-1116765 

10) The Judgment Debtor, the Late Sheikh Zayed bin Sultan Al Nahyan, Former UAE President and Ruler of Abu Dhabi
http://ireport.cnn.com/docs/DOC-1157623

11) A blatant violation of the Article 26 Constitution of the U.A.E
'Personal liberty is guaranteed to all citizens. No person may be arrested, searched , detained or imprisoned except in accordance with the provisions of law. No person shall be subjected to torture or to degrading treatment'.
http://reparationlaw.com/caselaw/constitution-of-the-u-a-e/

12) In 1948, the United Nations General Assembly proclaimed the Universal Declaration of Human Rights (UDHR) for all people and all nations. In the UDHR, the United Nations stated in clear and simple terms rights that belong equally to every person.
http://www.un.org/en/universal-declaration-human-rights/

 

13) “The Doctrine of State Immunity”
http://reparationlaw.com/caselaw/saudi-prince-loses-court-ruling-against-woman-who-claims-she-secretly-married-his-father-king-fahd/

14) “Decree Holders Entitled to Enjoy Fruits of the Decree Expeditiously” - Says Supreme Court of India!
http://reparationlaw.com/caselaw/decree-holders-entitled-to-enjoy-fruits-of-the-decree-expeditiously-supreme-court/

 

15) “How does fraud affect a victim? ‘The impact of fraud on victims’ - Supreme Court of India

http://reparationlaw.com/caselaw/how-does-fraud-affect-a-victim-the-impact-of-fraud-on-victims-supreme-court-of-india/

16) For the last two decades the applicant is painstakingly working for the recognition of his individual dignity and justice as well as representing for recognition of the inherent dignity and rights of the ‘Indian Diaspora’ as a whole. 'Indo-Gulf Reparation Mechanisms' Timeline Highlighting Submissions & Responses:-
http://www.lawyersindia.com/outsourcing/indo-gulf-reparation-mechanisms-timeline-highlighting-submissions-responses.html 

Main Page:

[Return to the Main Letter to Dr. Shri. Shashi Tharoor Hon'ble Member of Parliament and Chairman of the Parliamentary - Standing Committee on External Affairs]
http://www.legalcell.com/shashi-tharoor-chairman-parliamentary-standing-committee-mea.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 ]

Documents:

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’