                                              27 September 2021, Kochi.
From
Panikkaveettil K. Jabir, [Petitioner],
M/S. Overseas Indians' Legal Cell, 501, Metro Plaza Building,
Market Road, Near High Court, Kochi, Kerala – 682 018.
To
Mr M.A. Yusuff Ali,
Vice-Chairman of Abu Dhabi Chamber of Commerce and Industry (ADCCI), Chamber Building, Corniche Street. Abu Dhabi, P.O.Box: 662.
Ref. My First ‘Letter [in Malayalam] to Shri. M.A. Yusuff Ali, Vice Chairman, Norka Roots, Thiruvananthapuram, Kerala, dated 25th Nov 2019 in PDF (Size: 3.4 Mb)
Ref. My Second Letter ‘[Open Letter] to Shri. M.A. Yusuff Ali, Dated 18th February 2020.
Sir,
Sub. Seeking Your Urgent Intervention and Help to Enforce Abu Dhabi Court Judgments. A Reminder!
I am glad to know that you are appointed as the Vice-Chairman of the Abu Dhabi Chamber of Commerce and Industry (ADCCI). This apex government body operating from the capital city had licensed to my three establishments for a long period in the past evokes memories and intense feelings of nostalgia. In this respect, I would like to remind you that, my two letters of appeal dated Nov 25, 2019, and subsequent to Feb 18, 2020, seeking your help for the enforcement of Abu Dhabi Apex Court Judgments. The copies are attached along with.
Recently the UAE government has granted its "Golden Visas" to movie actors Mammootty and Mohanlal from Kerala. Both actors and their fans posted gushing thanks on social media to Lulu chairman and managing director, Mr Yusuffali MA, in facilitating the honour. A golden visa is a source of investment visa that enables anyone to obtain residency by investing Rs. 10 Crores to 20 Crores in the UAE. Reports that accused the UAE is attracting foreigners to launder 'black money'.
International media has published reports that the UAE’s increasing efforts to issue golden visas to social media influencers and celebrities is part of the country’s PR stunt designed to whitewash and distract attention from their grave human rights violations. NGOs warned their respective officers and agents of corrupt practices for offering, giving, or soliciting, directly or indirectly, of anything of value to influence investors may result in criminal liability, and they should observe the highest standard of ethics.
The European Parliament passed a resolution on 16 September 2021, calling on the Member States to boycott the World Expo in Dubai, and for international companies to withdraw their sponsorship. They did this based on the UAE's horrible human rights track record. The European Parliament, the EU's law-making body, has set the standard for responsible leadership when it comes to holding the UAE abusers behind the Dubai Expo 2020 accountable.
My case "Jabir Vs UAE" linked with the subject has great relevance. This case of ‘Non-enforcement of a total Four successive Judgments from Abu Dhabi Courts' in my favour, the guilty of contempt of Courts and fraud, the embezzlement of huge funds, kidnapping, brutal torture, and other heinous offences pending before the Government of India against the UAE administration itself for over a quarter of a century, is just the tip of the UAE Human Rights Violations' Iceberg!
Here is a summary of the case reproduced below for ready reference:
A local Emirati, an associate of Sheikh Mohamed Bin Zayed, (Presently the 'Crown Prince of Abu Dhabi'), with malicious intention, tried to appropriate the substantial investment of Jabir, an India-born, Abu Dhabi-based investor, trader, and developer, (hereinafter referred to as the “Petitioner”), on an Apartment Tower lease-build contract, which was signed by Mr Jabir, on behalf of his General Contracting Est. As a law-abiding citizen, Jabir sought remedies from the Courts of Law. The Civil lawsuit filed by Jabir was decided in his favour, an interim order was issued by the Court, seeking to check-mate the cruel and corrupt activities of the local Emirati.
Displeased with the legal court decision, the local Emirati conspired in collusion with Mohamed Bin Zayed, have escalated towards many human rights violations which seriously threatened the Petitioner’s life. The local Emirati joined hands with police to stop the ‘execution of the decree’ awarded by the Civil Court.
The following day the Petitioner found the local Emirati, the defendant in his civil proceeding, and his accomplice, a policeman in plainclothes wielding a heavy iron rod of one-meter length, while they were stealing money and documents from his office locker after breaking it with the heavy iron rod with them. The Petitioner was forced to avert the robbery bid at his private office where he caught the intruders red-handed. The Petitioner was also attacked, racially abused, and severely beaten in cold blood, and his fingers were smashed with the iron rod.
A group of policemen who came responding to the alert of the Petitioner, unjustifiably protected the trespassers who were the lawbreakers and they jointly attacked the petitioner, threatened him to be killed, literally kidnapped, and was kept him isolated, in hellholes in different detention centres, torturing him brutally, denying him food and drink, and condemning him to hell like life.
The Petitioner's younger brother was also kidnapped from the office by the policemen and was brutally tortured in front of the petitioner, to force him to sign false confessions to a crime they didn’t commit. He had suffered extreme hardships, great physical and emotional pain, mental anguish has also taken its toll on his life.
There has been integrated and connected activities on the part of the officials of Abu Dhabi, wanton willful attack on both personal safety of an investor and his private property, kidnapping and torture of the worst order leading to his unconscious condition, perilously near-death. He was referred to as a situation for a medical emergency and hence bundled into the hospital to save his life.
The Petitioner was then thrown into the notorious Al Wathba Central Prison without any official document or due process of law, that too, 21 days after his abduction. The prison system sent him back to the capital police directorate of Abu Dhabi and from there he was released unilaterally. After three days, he was again arrested and detained and was maliciously implicated in a criminal case with a preposterous allegation of ‘Using force against a government employee and assault’.
The inhuman detention, physical and mental sufferings extended almost one year. Quite often it was solitary confinement. Access to a lawyer, friend or his employee was denied. The Petitioner survived all such tortures, humiliation and sufferings. He was constrained to conduct his case before the Courts on his own.
The Court listened to the evidence of witnesses from different nationalities who dared to explain the facts, despite the threat of state police and public prosecution. The innocence of the petitioner had been ultimately upheld by the Legal Court of First Instance. The Criminal Court acquitted the Petitioner and his brother and directed the authority to release them immediately.
The Policemen and the local Emirati dropped all the charges against the petitioner and pleaded guilty before the learned Judge after an investigation order passed against them. And what’s more, an order was issued by the court to prosecute both the Policemen and the local Emirati for trespassing on private property, assault and the most serious and potentially dangerous crimes committed by them such as armed robbery. It further reiterated the condemnation of the Public Prosecution, who is the authority of enforcing the judgments and orders rendered in criminal cases.
At this stage, the Prosecutors got offended, the office of the Public Prosecution filed an appeal against the decree of the legal court of the first instance. The petitioner was granted bail on the filing of the appeal. However, despite the bail and sureties, he was not released from prison. The case finally came up before the Apex Court, comprising the three-judge panel.
The appellate review highlighted the culpability of the culprits in the commission of a crime and emphasized the notoriety of their actions. The Apex Court dismissed the appeal that has been filed by the Prosecution. The Court has also uncovered a series of fraudulent behaviour of the Prosecutor and fired him for many deliberate or reckless misconduct he had made in the case, and whose behalf he acted. The Court, therefore, ordered the restoration of the victim’s status and to compensate for all his losses while pronouncing a ‘Landmark Apex Judgment’.
A total number of four expeditious Judicial Awards of Abu Dhabi Courts including the Apex Court were kicked off by the UAE government, unexecuted. The dignity and rights of the Petitioner were not restored by the authority, as directed by both the Courts, the Court of First Instance and the Apex Court of Abu Dhabi, UAE. It's one of the most heinous crimes committed by the authority, in the landmark UAE case violating the basic principles of a civilized government of honouring verdict of the judiciary, Executive abiding by such verdict.
The Executive even went to the extent of committing criminal fraud, instead of giving justice to the Petitioner. He was deported arbitrarily as if he was convicted for a crime by the 'Court of Law', ignoring the concurrent judicial declarations of the UAE Courts. While so deporting the Petitioner, the ‘UAE government’ was well aware that the reason is shown in the 'Deportation Order' was against the truth and was made with fraudulent intent.
If the UAE was governed by a 'civilized person', the investor, the Petitioner, would have been awarded great praise and honour, for his solemn act. A declaration in the final Judgment by the Apex Court of Abu Dhabi, UAE, reads:-
“All the pieces of evidence proved propriety in the acts and conduct of the Petitioner. Concerning the facts of the case, the Supreme Court observed that the law had honoured the man who protected his freedom, his honour, his property and his soul. A person dying while protecting that freedom is considered a martyr. And it was proved in this case that the policemen and other officials sought to arrest the ‘Petitioner’ without any right and that they curtailed his freedom”. [Apex Court Judgment, 188/1996 dated 19/5/1996 Abu Dhabi, United Arab Emirates].
Back to India, he had to struggle much to preserve his very life. Two Judicial Orders were passed by the High Court of Delhi in 1997 and 2007 respectively, after approaching the Supreme Court, to enforce UAE's Judicial Orders. But the Union of India is hand in glove with the ‘fascist nexus' in the UAE and betrayed, only to deny him justice, defaming the Judicial organs of the country, and a total shame for rules-based India-UAE Diplomatic Relations, the obligation of states to obey the Charter.
At this juncture, it is to be highlighted that the UAE was forced to pay $10m to settle the U.S. Torture Case of Khaled al-Hassen, a U.S. citizen, who was allegedly tortured by Sheikh Mohamed bin Zayed, the Crown Prince of Abu Dhabi, and other members of UAE’s ruling family, while Khaled was working in UAE during the 1980s. The case was settled in 2013 roughly 3 years after filing the lawsuit in a U.S. District Court when Barack Obama was the president of the United States.
During his address in 2015 at the African Union Headquarters, Addis Ababa, Obama said, “There’s a lot that I’d like to do to keep America moving. But the law is the law, and no person is above the law, not even the president.”
As this matter is urgent, I would be grateful for your prompt reply.
Yours sincerely,
Panikkaveetil. K. Jabir.
Email: info@jabir.net
[Please find this web content with an index attached in a PDF File size 530 Kb]
Related documents are available at: yusuffali.abudhabiae.com/
Archive: 'Jabir Vs UAE' [Timeline] Exhibits: uae.jabir.net/
Dated 27 September 2021, Kochi.
"Letter to Shri. M.A. Yusuff Ali, Vice Chairman, Norka Roots, dated 25th Nov, 2019"
Download the authentic letter here in PDF (Size: 3.4 mb)
‘25th Year of Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration!’
"Open Letters to the UAE Administration, its Officials and Diplomats, to Claim Damages For Non-Enforcement
of
a Set of Judgments of UAE Courts & Outright Fraud"
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Return to the Legal Cell's Founder CEO
Visit Case Exhibits: UAE.JABIR.NET
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‘25th Year of Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration!’
"Open Letters to the UAE Administration, its Officials and Diplomats, to Claim Damages For Non-Enforcement
of
a Set of Judgments of UAE Courts & Outright Fraud"
Return to the Legal Cell's Founder CEO
Visit Case Exhibits: UAE.JABIR.NET
Global Campaigns: Global Campaigns
Judgment Articles: Judgment Articles
Judgment Blogs: Judgment Blog
