Expo 2020 is expected to take place between October 2021 and March 2022 and is part of the rotating World’s Expo. However, the European Parliament is calling on the Member States to not participate.

By JERUSALEM POST STAFF, REUTERS
SEPTEMBER 17, 2021

Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, and Sheikh Mohamed bin Zayed, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the Armed Forces (Photo credit: Judgment Debtor)

Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.

“24th Year of Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration” - Chase the Trails of 24-Year ‘UAE Fugitive’, A Habitual Offender!

“The Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration” – Marking the 24th Anniversary of Abu Dhabi Police-Looting & Fraud!

‘Statement on the occasion of the 24th Year of Embezzlement of Huge Wealth by Extortion, Gang-Robbery, Kidnapping, Fraud and other Violent Crimes by UAE administration, including prolonged Non-implementation of a set of Judgments of the Legal Courts! – A Gross Miscarriage of Justice Like No Other!

New Delhi 26 Oct, 2018: ‘Reparation Law’ ‘Download the True Story of ‘Chase the Trails of 24-Year ‘UAE Fugitive’, A Habitual Offender!”, in PDF (Size: 455 kb)’

As detailed in the ‘Representation to the Union of India, dated 12-05-2018′, this case is the result of a racially motivated hate crime with assignments of tasks, as part of deliberate design, the local police schemed in collaboration with Mohammed bin Zayed Al Nahyan (known as MBZ), Crown Prince and de facto head of the UAE Federation, who was a party to this most serious violations of Human Rights and the Constitutional Rights of a Citizen of India.

There are patent and admitted violation of the precious Constitutional Rights guarantees under Article 14,19,,21 and 300A of the Constitution. The actions and omissions on the part of U.A.E. thus constitute violation of Human Rights for which all countries under the U.N. are liable and answerable.

The Gross Miscarriage of Justice Like None Other the World Has Ever Seen!

The phrase “Miscarriage of Justice” is consistently synonyms with wrongful conviction, referring to a situation in which a person who is actually innocent is convicted of a criminal offense.

Here in this case, a bona fide foreign investor in UAE, the ‘Decree Holder’ of a Civil Lawsuit, who reported crimes such as trespassing and burglary at his office, was kidnapped, tortured, threatened him to be killed and subsequently detained for a long period often in solitary confinement by a group of royal thugs.

He was further treated with all adverse consequences of repeated-victimization, deported him from UAE, that was extremely ‘libelous’ – by ‘false statement of facts as if he was punished for a crime’, in defiance of 4 Judicial Verdicts including that of the full bench of the Supreme Court of that country in his full favour!

The ‘Decree Holder’ was trapped in a fabricated case, but he boldly fought in all the 3 Courts in Abu Dhabi, UAE, against the Abu Dhabi Police, fearless of the negative situations prevailing in that country.

An excerpt of Apex Judgment it reads “All the evidence indicates to the appropriateness of his behaviour”. A full bench of the Supreme Court heard the case and 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 police who are criminals!

The ‘Decree Holder’ became a winner again, secured 4 consecutive Judgments in UAE against his perpetrators in 1996 but he is still suffering without dignity, respect and all his material wealth due to the fraudulent deportation from UAE by his unscrupulous debtors, the UAE administration!

The Criminal Liability Against UAE Administration

The Criminal Liability for which the person is directly responsible had already been established with a set of Judgments. Any civilized Government, more so a Member of United Nations, should have hastened to implement the Judicial directives.

The execution, the Judicial proceeding will complete only when the ‘Decree Holder’ gets his property or money and compensation for the damages awarded to him as per the Legal Judgments and Orders, apart from a long list of embezzlement of funds and outright fraud.

Had the Court Judgments in favour of the petitioner awarded 24 years ago, i.e., in 1996, been duly executed or granted the appropriate reliefs to the ‘Judgment Creditor’, his case would have been closed then and there. Instead, the UAE administration committed yet another series of crimes of Contempt of Courts, defrauding the Judgment Creditor, fraud etc., and deported the Judgment Creditor in the most diabolical manner!

It’s High Time for the UAE Government to Come Out of its Hideouts, Face the Facts and Uphold the Laws of the Land!

Mohammed bin Zayed, the de facto ruler of UAE, woke up only to ignore 4 numbers of consecutive Court Judgments of his country against him and another Judgment (decree) by default, for guilty of contempt of Courts, perjury, fraud and perverting the course of Justice! [For more details, see 'Open Letter to H.H. Mohammed bin Zayed Al Nahyan', dated 20-04-2018]

The ‘Judgment Creditor’ was an India-born UAE investor in Abu Dhabi, his ‘Business Assets’, including Engineering, Contracting and Trading Firms, stood at a minimum of One Hundred Million U.S. Dollars when the dreadful tragedy took place in the prime of his life.

The Gravest Crime of the UAE Administration which Led to all the Miseries, Irreparable Losses and Sufferings of the Judgment Creditor are Summarized Herein Below, in a Nutshell:

A true story of 24-Years of gross exploitation of huge wealth of a foreign investor in Abu- Dhabi, United Arab Emirates, by offences of Police-extortion, gang-robbery, kidnapping, tortures, fraud etc., apart from contempt of Courts, the prolonged non-implementation of a set of its half-dozen Judgments passed in his favour from both, his host state as well as the sending state.

Mohammed bin Zayed, who is culpable in this most bizarre gruesome crime, had conspired with or rather deployed the Police officials in Abu Dhabi to stop the ‘Execution of a Decree’ awarded to the Petitioner by a Civil Court on an apartment-tower litigation, which was against his associate, an Emirati local.

The policemen did things in the most terrible manner and were caught red-handed by the ‘Decree Holder’, while committing burglary at his office.  A policeman in plain clothes forcibly broke open the office locker with a heavy iron rod in his hand and looted US$.4m worth money and valuables. The Petitioner locked the door and sought intervention from the police. Next to this, the ‘Decree Holder’ had to encounter all the humiliations and the perils in the years that followed. [For more details, see featured article on Abu Dhabi Police-Looting] 

The Petitioner and his younger brother were brutally tortured and abducted from their office by a group of callous policemen who joined hands with the trespassers, and they treated the Petitioner and his brother like ‘terrorists’, beaten in cold blood, kept them isolated in hellholes in different detention centers and traumatized, before taking them to the notorious Al Wathba Central Prison. [For more details, see featured article on ‘Al Wathba’ Central Prison, Abu Dhabi, UAE]

They were kept in continuous imprisonment arbitrarily under squalid conditions, often solitary confinement, in order to humiliate or degrade him and was inaccessible by any of his staff or counsels and were held as a shield against their aggravated crimes.

It took six months thereafter, for the petitioner to have his first appearance in Court. A false case was registered against the petitioner under the case No. 152/1996 offenses, alleging “Using force against Government employee and assault”.

Despite all such negative situations, the Petitioner could convince the Judiciary of Abu Dhabi, that the involved policemen were acting upon the instructions of the ruling elite.

The sworn statements procured from witnesses during interrogation, on multiple occasions, were misplaced and or rejected by the Police-Prosecution Mafia operating in that country.

Even Indian witnesses were threatened by prosecutors against testifying the facts. It triggered the witnesses from other nationalities coming forward to give testimonial evidences in Open Courts despite warnings of dire consequences.

The Criminal Court expressed its shock while noticing that a victim who sought for police help from trespassers was deliberately beaten and detained!

The Hon. Court anxiously listened to the evidences of eyewitnesses 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 Bengali all are thieves and procurers”.

Mr. Zulfiqar Ali who gave similar statement, moreover he added-that the ‘accused’ have neither resisted the police nor they have beaten anyone from the patrolling squad and that the ‘accused’ 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, an Iranian, whose testimony came similar to the declaration of the first two witnesses.

The Hon. Criminal Court found the offenders (3 Policemen and the associate of bin Zayed) were guilty and has issued an investigation order towards the crime committed by them.

During the course of hearing, the policemen dropped all charges framed against the ‘accused’, by separate written statements duly attested by Notary Public, pleaded guilty of their illegal actions which amounted to a conspiracy against the petitioner.

When the Policemen and the Emirati, the associate of bin Zayed,  pleaded guilty, the competent authority, the Prosecution, has declared itself willingness to accept responsibility, in order to avoid further investigation in the case.

Despite the prevailing political culture, the Legal Court passed the ‘Investigation Order’ against the heinous police-crime and the subsequent cover-ups. (The authentic Judgement by ‘CRIMINAL COURT’ is available here both, Arabic and its English Translation)

In a desperate attempt, the prosecution moved the Apex Court.  Subsequently, the Full Bench of the Highest Court of Abu Dhabi, UAE, heard the case at length considered the facts and evidence and affirmed the Judgement of the Lower court and approved the investigation order against the culprits, the Policemen and bin Zayed associate. The conduct of the Prosecutor too was condemned.

The Hon. Appellate Full-Court therefore, while pronouncing its Judgment, ordered the restoration of the victim’s dignity, rights and privileges, and to compensate him for all his losses. (The authentic Judgement by the ‘APEX COURT OF ABU DHABI’ is available here both, Arabic and its English Translation)

All the Four Judicial Verdicts of Abu Dhabi Courts were Nakedly Violated by the ‘UAE Administration’ and the De Facto Ruler Refused to Obey and Implement the Court Orders. 

As the case history reveals that with the malicious motive of destroying the petitioner, the repeated orders of the Courts to release the Petitioner and to investigate the conduct of the Police, vis-a-vis the crimes committed by police, the reparation order etc, were defied by the UAE executive, causing extreme hardships to the ‘Judgment Creditor’. This superstition of  Judicial decisions by executive fiat is rank subversion of the rule of law.

The UAE Authority fraudulently twisted the due administration of justice in order to evade the law and avoid its punishment against the perpetrators. The specific order passed by the UAE Judiciary to investigate offences of policemen against the Petitioner such as extortion, gang-robbery, and about the involvement of senior officials in the scheme and other heinous crimes, tortures etc., was never probed in spite of clear evidences. [For more details on Abu Dhabi Police-Torture, see 'The Authentic Reply towards the Letter No.G/3139/2013/MEA (Gulf Division) dated 10-10-2013]

During the course of hearing, the policemen also pleaded guilty of their illegal actions which amounted to a conspiracy against the petitioner. What was left thereafter was ‘only the Execution of Court Judgments to give the sanctioned benefits of those Judgments to the Petitioner. But instead, the Administration of UAE, deported the ‘Petitioner’ to India violated each and every verdicts of the Judiciary of the UAE and committed the serious crime of Contempt of Court.

Worst still, the debtor, the ‘UAE administration’, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, thus to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, his personal images and reputation in the UAE, hard earned by his blood and sweat, his intellectual property including his valuable expertise in profession. (The authentic Order of [FRAUDULENT] DEPORTATION by UAE Administration’ is available here in Arabic, and here its English Translation)

Ultimately, this fraudulent order of deportation also led to the Petitioner’s character assassination, who had an investor-status in UAE with a group of well established business institutions in the country, worth millions of investments, leaving him in utter penury and physical trauma.

The High Court of Delhi

The ‘legal fight’ for the enforcement of Judgments’ took in very many proceedings before the Supreme Court of India and the High Court of Delhi. The Delhi High Court heard the Petitioner’s Writ Petition in 1997 and issued a ‘Mandamus’ to the Union of India, Ministry of External Affairs (MEA), to settle the case in ‘Two Months’ with the UAE counterpart. (The authentic Judgement of HIGHT COURT OF DELHI, Appellate Civil Jurisdiction).

The Union of India is Doing an Unpardonable Mistake of Dragging the Case for a Long Period of 24 Years to Date, Despite a Portfolio of Six Legal Judgments, Apart from ‘Contempt of Courts’ and Unlawful Tactics.

In a letter dated 29-04-2018 the Union of India asked the Petitioner as to what action shall be taken to resolve the case! [A copy of letter dated 29-04-2018 the Union of India, is available here in PDF format].

In response thereto, a detailed reply was sent by the Petitioner to the Union Government, about the action to be taken on the basis of criminal contempt and disregard for the laws, rules and orders against the most serious and heinous of crimes by UAE administration, covering all the relevant facts. [For more details, see 'The Authentic Reply to the Union of India, dated 12-05-2018]

The Union government will have to take up the case, at least at this belated stage, by way of parley and negotiations consistent with procedural codes of international laws and conventions. The UAE must be persuaded (or even pressurized) to accept the just claims of the Petitioner for a time bound enforcement of the Judgments, recover embezzled funds and payment of damages for the continued violations of the Human Rights of the petitioner.

If a grossly unjust and illegal stand is persisted in by UAE, and contumaciously too, UAE has to be held further liable for such perpetration of atrocities and gross violation of Human Rights. This can be done effectively, by proceeding against the massive assets and investments made by UAE in the various ventures in India proposed on a collaboration basis (by way of industries and other commercial transactions).

The UAE has adopted a reasonable attitude when it settled the American citizens claims for damages for violation of Human Rights against Abu Dhabi Crown Prince, Mohammed bin Zayed, when, the American Court issued process overruling the technical contentions of their diction.

The Order of the Court in the U.S. and the settlement reached between UAE and the complainant therein (Details produced herewith) will buttress the just demands of the Indian National, which Union of India has the honour and privilege to represent.

In the above circumstances, it is respectfully submitted that if the Government of India persuade and pressurize the UAE to meet its obligations under the laws, particularly the ‘International Laws‘. It will obviate a litigation against UAE and generate goodwill in the minds of the Indian citizens, particularly those undertaking enterprises involving substantial investments.

The injustices and cruelties of the authorities of UAE, against the Petitioner, has now crossed an unimaginably long life of ‘Twenty Four’ years! These events have, in turn, destroyed all the potential life span of the Petitioner and there’s no amount of money will ever compensate him for the loss he have suffered!

Panikkaveettil K. Jabir (Petitioner)
Friday 26 Oct, 2018.

Twitter.Com/JabirOrg

WWW.UAE.JABIR.NET

Some of the Representations by the ‘Whistle-blower’ that Speaks For Itself!

1) Probably, the First Hate-Crime Charge Filed Against U.A.E. Regime in the History of OHCHR Geneva, Dated 26-12-1996.

Al Wathba Central Prison, Abu Dhabi, where systematic torture and other forms of unethical and inhuman treatments on prisoners, especially against Indians taken place on a regular basis.

The Union of India has never discharged its duties and has always remained silent against such atrocities surrounded on Indian prisoners in UAE.

The Petitioner took up his case, along with the pleas and sufferings of Thousands of prisoners to the United Nations and others who’re concerned about Human Rights violations worldwide. [Full Text: The Shocking History of ‘Al Wathba’ Central Prison, Abu Dhabi and a ‘Culture of Deception & Secrecy’]

2) ‘Union of India Cannot Extradite its Own Nationals to the U.A.E.!’ – A Representation Towards Extradition Treaty Between India and the UAE, Dated 24-11-1997.

A copy of representation, on the proposed India-UAE Extradition Treaty, was handed over to the then President of India, Shri K.R.Narayanan, by the ‘Petitioner’.

The Hon’ble President of India was kind enough to use his discretionary powers and transferred the same to the ‘top bureaucrats’ in South Block, Ministry of External Affairs, Government of India. Both, India and the UAE had ultimately signed the treaty but Union of India cannot extradite its own nationals to the country in question under this treaty which came into force in 2000.

This particular clause applied to the ‘Extradition Treaty’ that a state does not have any obligation to surrender its own citizen, not only helped a majority of Indian migrants of UAE from false accusations and warrants but also relieved the Indian Courts from wasting precious time. [Full Text: India-UAE Extradition Treaty, A Flashback & The Recognitions of A Representation-1997]

3) Strategy Formulation and Implementation of ‘Reparation Mechanisms’ Between India and the GCC countries, Dated 25-01-2013

‘Indo-Gulf Reparation Mechanisms’ – Strategy Formulation and Implementation of a Mutual Human Rights Law and Reparation Mechanisms Between the Government of India and the GCC (Gulf Cooperation Council) countries, mandating our elected representatives and officials to eliminate discrimination and imbalances of Non-resident Indians (NRIs) working in different countries. This also involves the recognition and protection of the dignity and respect of individuals. [Read: Summary of Indo-Gulf Reparation Mechanisms]

VISIT TIMELINE: INDO-GULF REPARATION MECHANISMS

GLOBAL CAMPAIGN!

‘Judgment For Sale’ (Court Judgments are not worthless piece of papers) As a lawful owner of a legal Judgment, the ‘Decree Holder’ has the right to offer his Judgment for sale or to make efforts to legally enforce and recover his assets and the inherent rights of individuals to dignity. …Why do we sell the UAE Judgments?

Global Campaign
“Alliance Judgment Recovery Networks”

Reference Links 

• “The Settlement of ‘Non-Execution of Court-Judgments, Contempt of Courts, Embezzlement of Funds, Defrauding’ and other Offenses in UAE”!
• “Open Letter to H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud”!
• ‘“The Gravest Injustice Towards An Indian Investor In UAE – Open Letter to Smt. Sushma Swaraj, Minister for External Affairs, Govt. of India!
• “A Set of UAE Judgments was Unpaid, remained Unexecuted for the last 22 years! Both the Governments, the Government of India and the UAE Federation are Playing with Fire!”
• ‘“Thanks to State Department Cables, a U.S.Torture Victim Won a Rare $10 Million Settlement against UAE ruling family” – The condition: ‘Silence in the Press’!
• ‘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 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

The Settlement of ‘Non-Execution of Court-Judgments, Contempt of Courts, Embezzlement of Funds, Defrauding’ and other Offenses in UAE

Kochi, 12th May, 2018

Download the Authentic Mail to the Mission in Abu Dhabi, in regards with the “Settlement of ‘Non-Execution of Court-Judgments, Contempt of Courts, Embezzlement of Funds, Defrauding’ and other Offenses in UAE”, in PDF (Size: 420 kb)

 From

Panikkaveetil K. Jabir (Petitioner)
501, Metro Plaza Building, Market Road,
Near High Court, Kochi, Kerala Pin. 682 018.

To

Mr. Dinesh Kumar,
First Secretary (Community Affairs and Economic & Commerce),
Embassy of India, Abu Dhabi, United Arab Emirates.

Ref. No.G/202/05/2017 dated 29-4-2018   &  Ref. No. G-202/05/2017 Dated 02/04/2018

Sub. The Settlement of ‘Non-Execution of Court-Judgments, Contempt of Courts, Embezzlement of Funds, Defrauding’ and other Offenses in UAE

Respected Sir,

The Embassy can persuade UAE to settle this case of ‘Non-Execution of a set of UAE Court-Judgments, the guilty of Contempt of Courts, Embezzlement of Funds, Defrauding’ and other offenses pending before the Indian Authorities and UAE itself for about quarter of a century.

Mission in Abu Dhabi may suggest a settlement on the terms herein below, suggested tentatively

(a) an interim relief, followed by (b) final settlement:

The action required by the Mission is initially to bring the offenders before justice, for the damages the Petitioner, an Abu Dhabi based Indian Investor, contractor and supplier, has sustained under the various counts including repeated defrauding of the ‘Judgement Creditor’, brutal tortures, extortion, framing him false case and arbitrary detention, violating ‘Four Judgments of the UAE Courts’ in his favour, the guilty of ‘Contempt of Courts and the like.

Allow the Petitioner (Judgement Creditor) all the benefits ordered therein, which he had been deprived unjustly and illegally, including making the best of all his lost business assets and pay him the interim relief pending final settlement of the case.

The petitioner suggests:

(a) Interim Relief – an immediate payment

Having regard to the serious nature of the losses and injuries inflicted upon the Petitioner and resultant deprivation of his assets and other rights and privileges, damages suffered from physical and psychological pain as result of the unjust and illegal actions of the authorities etc., he is entitled to an interim relief, on urgent basis, fixed at 120 million US Dollars [INR.782 crore].

(b) Final Settlement – full payment

Compensation for violation of Human Rights, like illegal incarceration, inhuman tortures (even like ruthless beating, pulling off his nails, torturing his brother in front of him etc.) violation of disobeying the Judicial verdicts of Courts in UAE, on four different types and stages, committed acts such as fraud in connection with Petitioner’s deportation denying his property, fundamental rights and grossly offending the values of his human dignity, a continuing offence of prolonging the agony and anguish of the Petitioner now exceeding 22 years.

The right to live with dignity and personal liberty are guaranteed by the Constitution of India under Article 21 which reads as follows:- ‘No person shall be deprived of his life or personal liberty except according to procedure established by law’.

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 the countries, and the official documents of the governments of India and UAE. The restoration of business loss, the loss of assets and investments of the petitioner while he was under arbitrary detention in UAE, was an active part of the Court Judgments, which the petitioner had been deprived unjustly and illegally.

The Petitioner, as a Judgment Creditor, is legally entitled for his business assets, real estate investments left behind in the UAE when he was fraudulently deported; and the business profits and gains and its market value he would have earned, as well as other expenses for all these years that followed.  This deprivation of property of the Petitioner will tantamount to violation of Article 300-A of the Constitution of India.

There was not merely criminal failure on the part of the authorities in the non-implementation of a set of Judgements of the Court of Law (in the case relating to aggravated assault, burglary etc.).  The authorities are also liable to compensate the petitioner, who had always remained a ‘non-offender’ by all means (A declaration in the final Judgment by the Apex Court of UAE reads as follows:- ‘All the evidences indicates to the properness of the behaviour of the Petitioner’) for his intangible injuries as damages suffered from physical and psychological pain as a result of the unjust and illegal actions of the UAE authorities.

The compensation due to him, would be very substantial, aggregating to many hundred millions of US Dollars. The Petitioner would be only happy in the circumstances, for a settlement by known legal methods of arbitration by a mutually agreed authority or approaching the ‘International Court of Justice’ (ICJ) for advisory opinions as regards to the quantum of compensation.

The UAE is liable to pay the petitioner for all the natural and direct consequences of its wrongful act. Apart from actual loss and exemplary damages, he is entitled to get compensatory damages for pecuniary and non-pecuniary losses, aggravated damages for pain and sufferings, violation of his dignity, respect and rights,  as detailed in the representation filed before the Government of India, as well as to the UAE Ambassador to India, dated 28th Feb, 2018.

This is a racially motivated hate crime with assignments of tasks such as extortion, outright fraud etc., by ‘higher officials of Abu Dhabi’, UAE to stop an ‘execution of a Decree’ awarded by the Civil Court on an Apartment Tower contract in 1995 against a local Emirati (an associate of ‘Crown Prince Mohammed bin Zayed al-Nahyan’).

The Petitioner was entirely involved as an instrumental part of the UAE’s progressing economy [1979 – 1996] with 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., 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 offenders were caught red-handed by the Petitioner while committing burglary at his office in day light. The policemen who came responding to the alert of the Petitioner, unjustifiably protected the trespassers who were the  law breakers and jointly attacked the petitioner terribly, and robbed of money and valuables worth .4 million US Dollars, at the instance of the local Emirati for getting illegal gains and to circumvent the Court’s order in force against him.

The Petitioner and his younger brother were literally kidnapped from their office by the callous policemen and was kept them isolated in hellholes in different detention centers, before taking him to the notorious Al Wathba Central Prison, and brutally tortured and traumatized. 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 and were held as a shield against their aggravated crimes.

As a police state,  under a military ruler, the state police struggled hard almost seven months to fabricate false evidence, after framing charges against the Petitioner while keeping him incarcerated, but they completely failed in front of Jurors. The police dropped charges framed against the Petitioner and plead guilty in the Legal Court after an investigation orders passed against Abu Dhabi policemen.

The investigation order was also approved by the highest Appellate Full-Court. The conduct of the Prosecutor too was condemned. Then followed several other Court Judgments and orders in absolute favour of the petitioner including the order for immediate release of petitioner with compensation for all his sufferings illegally inflicted upon him and to restore other rights and privileges.

The enforcement of a Judgment is regarded as an integral part of the fundamental Human Right to a fair trial in a reasonable time. That has been violated. Worst still, the debtor, the UAE ruler, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, by deporting him from UAE, thus to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, images and reputation in the UAE, hard earned by his blood and sweat and valuable expertise in profession.

Two Judicial Orders were also passed by the High Court of Delhi to the Government of India (after approaching the Supreme Court) to the enforcement of UAE Judgments. The Government of India has colluded with UAE and betrayed, mentally tortured and abandoned the ‘Judgment Creditor’ for the last 22 years that followed, only to deny him justice, thus, defaming the Judicial organs of both the countries.

The Embassy is duty bound to act in accordance with the Constitution, laws, generally accepted rules of international law and ratified international treaties such as Vienna Convention on Consular Relations (VCCR) 1963 &  Vienna Convention on Diplomatic Relations (VCDR) 1961.

We were over-excited and rather too fast to support Devyani Khobragade, an Indian diplomat, indicted for visa fraud in the U.S. Court and we were on the same footing to support Kulbhushan Jadhav, an ex-Naval officer, convicted in a Pak Military Court on the charge of spying.

As you know, Khobragade’s arrest in U.S. that led to a diplomatic standoff between the two nations. All activities were interrupted or turned upside down, as a world we have never seen it before. Even bulldozers were pressed into service to remove security barriers outside the US Embassy in Delhi.

In Kulbhushan Jadhav’s case, India has moved the ICJ under Article 36(1) of the Court’s statute. This provision is independent of the compulsory jurisdiction norm and relies on treaties in which both countries accept the Court’s jurisdiction.

It is inconceivable that when anti-social elements hatch a conspiracy and attempt virtual destruction of a continued life, the violators of law in the State are protected by the UAE administration. The situation cannot be allowed to pass unnoticed by a responsible and civilized Governments in India, when the facts and files establish such wanton violations of Human Rights against a citizen. The injustices and cruelties by the UAE administration, against the ‘Judgment Creditor’, remains a serious case with highest credibility over any other case in India for the World Court.

‘The US Authority was keen and honest to take up the case of its citizen with the UAE government and the claim was settled just in 3 years’. The U.S. Human Rights Lawsuit against Abu Dhabi’s Crown Prince Sheikh Mohammed bin Zayed Al Nahyan is a living example of successful foreign relations among responsible States who value the dignity of its citizens’.

On the other hand, the Government of India did an unpardonable mistake of dragging the most legitimate case of an Indian investor and trader in UAE for a long period of 22 years to date, despite a portfolio of six legal judgments from different Courts against the perpetrators, the Executive of Abu Dhabi, UAE, who are also accountable for the guilty of ‘Contempt of Courts’.

The Embassy may indicate to UAE that the publication of details of violation of Investor’s Rights in UAE, concern over the disregard for Court orders, contempt of Court, defrauding Judgment creditors etc., will undoubtedly hamper UAE’s goal to attract foreign direct investments (FDI), further operation of ‘quality investing’ in India, particularly having regard to the force of social media (Utmost restraint has been practiced by the petitioner hitherto).

The Embassy can persuade UAE to settle the matter amicably, without any delay whatever. The time is extended for reaching an amicable settlement with UAE or at least an interim payment till 31-05-2018.

All the relevant records had been made available to the Govt. of India, many times, the latest being on 12th April, 2018, however, a set of those documents are attached herewith afresh, for your ready reference.

The petitioner, the undersigned, remain yours in good faith,

Thanking you,

Yours truly,
Panikkaveettil K. Jabir (Petitioner)

Encl:

Your letter dated 29-04-2018 with all relevant documents

Copy to:

Mr. Bimal Saigal,
Consultant (Gulf), The Ministry of External Affairs,
Patiala House, New Delhi – 110 001.

CASE [TIMELINE] EXHIBITS: http://www.uae.jabir.net/

Open Letter to H.E. Jamal Hussain Al Zaabi, The Consular General of the UAE, UAE Consulate, Thiruvananthapuram, Kerala, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration

20th April, 2018 New Delhi.

‘OPEN LETTER TO H.E. JAMAL HUSSAIN AL ZAABI, THE CONSULAR GENERAL OF THE UAE, UAE CONSULATE, THIRUVANANTHAPURAM, KERALA, TO CLAIM DAMAGES FOR NON-ENFORCEMENT OF A SET OF JUDGMENTS OF UAE COURTS & OUTRIGHT FRAUD BY THE UAE ADMINISTRATION’

Download the Authentic  Open Letter to H.E. Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of Judgments of UAE Courts & Outright Fraud, in PDF (Size: 530 kb)

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
H.E. Jamal Hussain Al Zaabi,
The Consular General of the UAE, UAE Consulate, Thiruvananthapuram, Kerala – 695 009.

Sub. “Damages For Non-Enforcement of Judgments of UAE Courts &
Outright Fraud by the UAE Administration”

His Excellency,

This ‘Open Letter’ is a reminder of the previous letter to H.E. Dr. Ahmed Al Banna, UAE Ambassador to India, Dated 28th Feb, 2018. Full text.

The Petitioner is forwarding herewith a copy of his latest representation to the Ministry of External Affairs, Government of India, dated 09th Feb-2018 for redressal of sufferings and deprivation of all his Rights and assets consequent on his fraudulent and inhuman deportation from the UAE in the year 1996 over-riding the fact that 4 successive Judgments in his favour from Abu Dhabi Courts, finding the UAE officials guilty of the most heinous crimes against him.

The petitioner was closely associated with the Private Departments of (Late) H,H.Shaikh Zayed Bin Sultan Al-Nahyan, from 1982 onwards, the then Emir of Abu Dhabi and also the President of United Arab Emirates, H.H. Sheikh Khalifa bin Zayed Al Nahyan, who succeeded Sheikh Zayed as ruler and many others in the ruling family. He had registrations with all the major Oil & Gas Companies on behalf of his firms General Contracting & Trading Est., with all mandatory Governmental Licences, for bidding/tendering/projects/participations etc., and contributed much to the developments of Abu Dhabi Emirate. The petitioner was one of the first India-born real estate investors in Abu Dhabi, UAE, which is a multi-trillion US dollar industry today.

This is a case of personal and racially aggravated attack with malicious motives by ‘higher officials of Abu Dhabi’, UAE, in collaboration with Police, to stop an ‘execution of a Decree’ awarded by the Civil Court on an Apartment Tower  contract  in 1995,  which involves extortion, trespassing, inhuman torture, illegal detention,  criminal conspiracy and fraud against an Indian investor.

[The following part was a significant turning point in this case, it also exposes the deplorable state of affairs in the Administration of Abu Dhabi Police, during the period of the petitioner’s case; in the year 1995].

“In the instant case, the Abu Dhabi policemen did their atrocious acts towards the petitioner in a terrible manner and were caught red-handed by the Petitioner while committing burglary at his office. Thereby they already lost their face.

The policemen who came responding to the alert of the Petitioner, unjustifiably protected the trespassers who were the  law breakers and jointly attacked the petitioner so horribly, worse than death, at the instance of the local Emirati  (the friend of ‘Crown Prince Mohammed bin Zayed al-Nahyan’) for getting illegal gains and to circumvent the Court’s order in force against him. The Petitioner and his younger brother were literally kidnapped from their office by the policemen and were held as a shield against their aggravated crimes.

The Criminal Court found the offenders (A group of policemen and the local Emirati) were guilty and, therefore, passed orders to investigate the crime committed by them. Then followed several other Court Judgments and orders in absolute in favour of the petitioner including the highest Court of Abu Dhabi, against the culprits”.

An excerpt from the Apex Court Judgment reads 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 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….” (Apex Court Judgment, 188/1996 dated 19/5/1996 Abu Dhabi, United Arab Emirates).

The enforcement of a Judgment is regarded as an integral part of the fundamental Human Right to a fair trial in a reasonable time. That has been violated. Worst still, the Judgment-debtor, the UAE ruler, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, images and reputation in the UAE, hard earned by his blood and sweat and valuable expertise in profession.

After arriving India in 1996, the petitioner had submitted very many representations to your Excellency, as a respondent in the case, detailing his inordinate sufferings due to the patent violations of Human Rights perpetrated against him by your country. Two Judicial Orders were also passed by the High Court of Delhi to you (after approaching the Supreme Court) to settle the case.  A period of twenty two years is passed by till date, but there was no response/acknowledgement was received to any of them.

The Petitioner is yet to receive any relief from the country you are privileged to represent in India.  In recent times, the scenario  in legal area has changed entirely.  That a citizen of any country can seek relief from another country (including UAE) has been established, and also acquiesced in by UAE.

The issue of summons to the UAE Ambassador in America, in a Civil Suit instituted in 2009 in a U.S. District Court against UAE (against the top three members of the UAE’s ruling family, who were accused of roles in the abduction and torture) has led to this important development.  Though the charges and jurisdiction of American Court were questioned initially by UAE, it was conceded as evidenced by settlement reached in between the U.S. citizen and UAE.  It is, therefore, open to Indian Courts or authorities to give relief to a person in India, to sue your Government as well in the light of the legal development.

In the present case, UAE Government has additionally made investments in various parts of India.  Your Government is also engaging in trading and commercial activities worth billions of US dollars.  UAE owns properties in the State of Kerala as well.

Before instituting a Suit against you and your country in the light of subsequent development, the Petitioner felt, and he was advised by the Legal Cell of the Indian Society of Authors (with a former Judge of Kerala High Court as Chairman), and members like Judges of the Mumbai and Kerala High Courts and other Government Lawyers that,  it would be desirable to appraise you about his intention to file a Suit in Kerala for securing relief overdue.

The Petitioner would certainly like to avoid a legal battle, wasteful and long drawn out. This letter is to request you humbly, to compensate him for the damages he has sustained under the various counts including violation and deprivation of the Human Rights, and torture and for the deprivation of all his businesses, assets and earnings situated in UAE at the time of his illegal deportation.  The compensation due to him, would be very substantial, aggregating to very many millions of US Dollars. The Petitioner would be only happy in the circumstances, if you could settle his claim, or agree for a settlement by known legal methods including Arbitration as regards quantum of compensation;  Arbitration by a mutually agreed authority.  He would prefer the direct settlement between the parties.

The UAE is liable to pay the petitioner for all the natural and direct consequences of its wrongful act. Apart from actual loss and exemplary or punitive damages, he is entitled to get compensatory damages for pecuniary and non-pecuniary losses, aggravated damages for pain and sufferings, violation of his dignity, respect and rights,  as detailed in the representation filed before the Government of India, towards the price of his business assets, real estate investments left behind in the UAE when he was illegally deported; and the business profits and gains and its market value he would have earned, as well as other expenses for all these years that followed.

There was not merely criminal failure on the part of the authorities in the implementation of a set of Judgements of the Court of Law (in the case relating to aggravated assault, burglary etc.) The authorities are also liable to compensate the petitioner for his intangible injuries as damages suffered from physical and psychological pain as result of the unjust and illegal actions of the authorities, continued up to the deportation and resultant deprivation when he landed in his home land, bereft of any assets whatever.

The (irremediable) damages inflicted on Petitioner by UAE authorities and its far-reaching repercussions:-

Mental distress (by aggravated assault, abduction, detention, extortion, and inhuman torture);

Anguish (resulting from the impact of torture, and deprivation of businesses, investments, company staffs and employees and mental peace of the members of his family and relatives);

Grief (about the state of affairs of himself and the members of his family);

Anxiety (about his own health, ailments, and worries about his staffs, employees and his family) He had to suffer pancreas disorders, heart ailments, compelling him to be an inpatient in hospitals, and continuing to suffer such ailments requiring constant and massive medication;

Vexation (including that caused by the feelings of agony to himself and the members of his family);

Indignation (against the inhumanities of the administration);

Outrage (about the total lack of Rule of Law, and the feeling that even the judiciary is treated with contempt);

Wounded Pride (in the background of the loss of high esteem and dignity he enjoyed in UAE and his homeland India);

Loss of Faith (regarding the petitioner in friends and colleagues and the like. Such persons included businessmen attached to very prestigious investing establishments).

The petitioner  is entitled to compensation for this unique case of  repeated defrauding of the ‘Judgement Creditor’, torturing him to near death, and violating ‘Four Judgements of the UAE Courts’ in his favour and the like. Having regard to the serious nature of the loss and injuries suffered and continuing to be suffered, he is also entitled to an interim relief, on urgent basis, fixed at 120 million US Dollars [INR.782 crore].

The Petitioner seeks an expeditious remedy, in view of the sufferings undergone by him for a long duration of nearly twenty-two years.  As a founder member of ‘INSA’, (Indian Society of Authors, Kerala Chapter), the Petitioner have already requested ‘INSA’ to offer him assistance through their Legal Cell, and he expect that, the organization and its Legal Cell (with very many former Judges of the High Courts and Subordinate Courts and Senior Lawyers) to help him in the just and equitable cause.

The Petitioner expects a  response and reply before 14th May, 2018.  If there is no response, he will be constrained to resort to legal proceedings, holding you and your country responsible for all the costs and consequences thereof.

Yours faithfully,

Panikkaveettil K. Jabir, [Petitioner],

Encl:
Ref. Letter to Smt. Sushma Swaraj, Hon’ble Minister for External Affairs, dated 09-02-2018.

Open Letter [Main] to:
H.E Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration’

Open Letter [Copies] to:
1) H.H Sheikh Khalifa bin Zayed Al Nahyan, The President of UAE & Ruler of Abu Dhabi.
2) H.H Sheikh Mohammed bin Rashid Al Maktoum, Vice-President & Prime Minister of UAE and Ruler of Dubai.
3) H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.
4) H.H Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs of UAE and International Cooperation.
5) H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister of UAE and Minister of the Interior.
6) H.E Jamal Hussain Al Zaabi, The Consular General of the UAE, UAE Consulate, Thiruvananthapuram, Kerala.

Last Update: 20th April, 2018, New Delhi.

Return to the Legal Cell’s Founder CEO

Visit Case Exhibits: UAE.JABIR.NET

MISSION STATEMENT

Safeguard the Rule of Law by ensuring Justice, Freedom and Peace in society.

CASE LAW   |   RESOURCES   |  SOCIAL MEDIA   |   PUBLICATIONS   |   NEWS ROOM

]]> https://www.reparationlaw.com/news/open-letter-to-jamal-hussain-al-zaabi-consular-general-of-uae-consulate-thiruvananthapuram-kerala-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/feed/ 0 https://www.reparationlaw.com/news/open-letter-to-sheikh-saif-bin-zayed-al-nahyan-minister-of-interior-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/ https://www.reparationlaw.com/news/open-letter-to-sheikh-saif-bin-zayed-al-nahyan-minister-of-interior-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/#comments Fri, 20 Apr 2018 11:36:15 +0000 admin http://www.reparationlaw.com/news/?p=1228 Read more »]]>

Open Letter to H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister and Minister of the Interior, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud

20th April, 2018 New Delhi.

‘OPEN LETTER TO H.H LT. GENERAL SHEIKH SAIF BIN ZAYED AL NAHYAN, DEPUTY PRIME MINISTER AND MINISTER OF THE INTERIOR, TO CLAIM DAMAGES FOR NON-ENFORCEMENT OF A SET OF JUDGMENTS OF UAE COURTS & OUTRIGHT FRAUD’

Download the Authentic  Open Letter to H.E. Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of Judgments of UAE Courts & Outright Fraud, in PDF (Size: 530 kb)

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
H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister and Minister of the Interior, United Arab Emirates.

Sub. “Damages For Non-Enforcement of Judgments of UAE Courts &
Outright Fraud by the UAE Administration”

His Highness,

This ‘Open Letter’ is a reminder of the previous letter to H.E. Dr. Ahmed Al Banna, UAE Ambassador to India, Dated 28th Feb, 2018. Full text.

The Petitioner is forwarding herewith a copy of his latest representation to the Ministry of External Affairs, Government of India, dated 09th Feb-2018 for redressal of sufferings and deprivation of all his Rights and assets consequent on his fraudulent and inhuman deportation from the UAE in the year 1996 over-riding the fact that 4 successive Judgments in his favour from Abu Dhabi Courts, finding the UAE officials guilty of the most heinous crimes against him.

The petitioner was closely associated with the Private Departments of (Late) H,H.Shaikh Zayed Bin Sultan Al-Nahyan, from 1982 onwards, the then Emir of Abu Dhabi and also the President of United Arab Emirates, H.H. Sheikh Khalifa bin Zayed Al Nahyan, who succeeded Sheikh Zayed as ruler and many others in the ruling family. He had registrations with all the major Oil & Gas Companies on behalf of his firms General Contracting & Trading Est., with all mandatory Governmental Licences, for bidding/tendering/projects/participations etc., and contributed much to the developments of Abu Dhabi Emirate. The petitioner was one of the first India-born real estate investors in Abu Dhabi, UAE, which is a multi-trillion US dollar industry today.

This is a case of personal and racially aggravated attack with malicious motives by ‘higher officials of Abu Dhabi’, UAE, in collaboration with Police, to stop an ‘execution of a Decree’ awarded by the Civil Court on an Apartment Tower  contract  in 1995,  which involves extortion, trespassing, inhuman torture, illegal detention,  criminal conspiracy and fraud against an Indian investor.

[The following part was a significant turning point in this case, it also exposes the deplorable state of affairs in the Administration of Abu Dhabi Police, during the period of the petitioner’s case; in the year 1995].

“In the instant case, the Abu Dhabi policemen did their atrocious acts towards the petitioner in a terrible manner and were caught red-handed by the Petitioner while committing burglary at his office. Thereby they already lost their face.

The policemen who came responding to the alert of the Petitioner, unjustifiably protected the trespassers who were the  law breakers and jointly attacked the petitioner so horribly, worse than death, at the instance of the local Emirati  (the friend of ‘Crown Prince Mohammed bin Zayed al-Nahyan’) for getting illegal gains and to circumvent the Court’s order in force against him. The Petitioner and his younger brother were literally kidnapped from their office by the policemen and were held as a shield against their aggravated crimes.

The Criminal Court found the offenders (A group of policemen and the local Emirati) were guilty and, therefore, passed orders to investigate the crime committed by them. Then followed several other Court Judgments and orders in absolute in favour of the petitioner including the highest Court of Abu Dhabi, against the culprits”.

An excerpt from the Apex Court Judgment reads 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 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….” (Apex Court Judgment, 188/1996 dated 19/5/1996 Abu Dhabi, United Arab Emirates).

The enforcement of a Judgment is regarded as an integral part of the fundamental Human Right to a fair trial in a reasonable time. That has been violated. Worst still, the Judgment-debtor, the UAE ruler, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, images and reputation in the UAE, hard earned by his blood and sweat and valuable expertise in profession.

After arriving India in 1996, the petitioner had submitted very many representations to your Excellency, as a respondent in the case, detailing his inordinate sufferings due to the patent violations of Human Rights perpetrated against him by your country. Two Judicial Orders were also passed by the High Court of Delhi to you (after approaching the Supreme Court) to settle the case.  A period of twenty two years is passed by till date, but there was no response/acknowledgement was received to any of them.

The Petitioner is yet to receive any relief from the country you are privileged to represent in India.  In recent times, the scenario  in legal area has changed entirely.  That a citizen of any country can seek relief from another country (including UAE) has been established, and also acquiesced in by UAE.

The issue of summons to the UAE Ambassador in America, in a Civil Suit instituted in 2009 in a U.S. District Court against UAE (against the top three members of the UAE’s ruling family, who were accused of roles in the abduction and torture) has led to this important development.  Though the charges and jurisdiction of American Court were questioned initially by UAE, it was conceded as evidenced by settlement reached in between the U.S. citizen and UAE.  It is, therefore, open to Indian Courts or authorities to give relief to a person in India, to sue your Government as well in the light of the legal development.

In the present case, UAE Government has additionally made investments in various parts of India.  Your Government is also engaging in trading and commercial activities worth billions of US dollars.  UAE owns properties in the State of Kerala as well.

Before instituting a Suit against you and your country in the light of subsequent development, the Petitioner felt, and he was advised by the Legal Cell of the Indian Society of Authors (with a former Judge of Kerala High Court as Chairman), and members like Judges of the Mumbai and Kerala High Courts and other Government Lawyers that,  it would be desirable to appraise you about his intention to file a Suit in Kerala for securing relief overdue.

The Petitioner would certainly like to avoid a legal battle, wasteful and long drawn out. This letter is to request you humbly, to compensate him for the damages he has sustained under the various counts including violation and deprivation of the Human Rights, and torture and for the deprivation of all his businesses, assets and earnings situated in UAE at the time of his illegal deportation.  The compensation due to him, would be very substantial, aggregating to very many millions of US Dollars. The Petitioner would be only happy in the circumstances, if you could settle his claim, or agree for a settlement by known legal methods including Arbitration as regards quantum of compensation;  Arbitration by a mutually agreed authority.  He would prefer the direct settlement between the parties.

The UAE is liable to pay the petitioner for all the natural and direct consequences of its wrongful act. Apart from actual loss and exemplary or punitive damages, he is entitled to get compensatory damages for pecuniary and non-pecuniary losses, aggravated damages for pain and sufferings, violation of his dignity, respect and rights,  as detailed in the representation filed before the Government of India, towards the price of his business assets, real estate investments left behind in the UAE when he was illegally deported; and the business profits and gains and its market value he would have earned, as well as other expenses for all these years that followed.

There was not merely criminal failure on the part of the authorities in the implementation of a set of Judgements of the Court of Law (in the case relating to aggravated assault, burglary etc.) The authorities are also liable to compensate the petitioner for his intangible injuries as damages suffered from physical and psychological pain as result of the unjust and illegal actions of the authorities, continued up to the deportation and resultant deprivation when he landed in his home land, bereft of any assets whatever.

The (irremediable) damages inflicted on Petitioner by UAE authorities and its far-reaching repercussions:-

Mental distress (by aggravated assault, abduction, detention, extortion, and inhuman torture);

Anguish (resulting from the impact of torture, and deprivation of businesses, investments, company staffs and employees and mental peace of the members of his family and relatives);

Grief (about the state of affairs of himself and the members of his family);

Anxiety (about his own health, ailments, and worries about his staffs, employees and his family) He had to suffer pancreas disorders, heart ailments, compelling him to be an inpatient in hospitals, and continuing to suffer such ailments requiring constant and massive medication;

Vexation (including that caused by the feelings of agony to himself and the members of his family);

Indignation (against the inhumanities of the administration);

Outrage (about the total lack of Rule of Law, and the feeling that even the judiciary is treated with contempt);

Wounded Pride (in the background of the loss of high esteem and dignity he enjoyed in UAE and his homeland India);

Loss of Faith (regarding the petitioner in friends and colleagues and the like. Such persons included businessmen attached to very prestigious investing establishments).

The petitioner  is entitled to compensation for this unique case of  repeated defrauding of the ‘Judgement Creditor’, torturing him to near death, and violating ‘Four Judgements of the UAE Courts’ in his favour and the like. Having regard to the serious nature of the loss and injuries suffered and continuing to be suffered, he is also entitled to an interim relief, on urgent basis, fixed at 120 million US Dollars [INR.782 crore].

The Petitioner seeks an expeditious remedy, in view of the sufferings undergone by him for a long duration of nearly twenty-two years.  As a founder member of ‘INSA’, (Indian Society of Authors, Kerala Chapter), the Petitioner have already requested ‘INSA’ to offer him assistance through their Legal Cell, and he expect that, the organization and its Legal Cell (with very many former Judges of the High Courts and Subordinate Courts and Senior Lawyers) to help him in the just and equitable cause.

The Petitioner expects a  response and reply before 14th May, 2018.  If there is no response, he will be constrained to resort to legal proceedings, holding you and your country responsible for all the costs and consequences thereof.

Yours faithfully,

Panikkaveettil K. Jabir, [Petitioner],

Encl:
Ref. Letter to Smt. Sushma Swaraj, Hon’ble Minister for External Affairs, dated 09-02-2018.

Open Letter [Main] to:
H.E Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration’

Open Letter [Copies] to:
1) H.H Sheikh Khalifa bin Zayed Al Nahyan, The President of UAE & Ruler of Abu Dhabi.
2) H.H Sheikh Mohammed bin Rashid Al Maktoum, Vice-President & Prime Minister of UAE and Ruler of Dubai.
3) H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.
4) H.H Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs of UAE and International Cooperation.
5) H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister of UAE and Minister of the Interior.
6) H.E Jamal Hussain Al Zaabi, The Consular General of the UAE, UAE Consulate, Thiruvananthapuram, Kerala.

Last Update: 20th April, 2018, New Delhi.

Return to the Legal Cell’s Founder CEO

Visit Case Exhibits: UAE.JABIR.NET

MISSION STATEMENT

Safeguard the Rule of Law by ensuring Justice, Freedom and Peace in society.

CASE LAW   |   RESOURCES   |   PUBLICATIONS   |   NEWS ROOM

]]> https://www.reparationlaw.com/news/open-letter-to-sheikh-saif-bin-zayed-al-nahyan-minister-of-interior-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/feed/ 0 https://www.reparationlaw.com/news/open-letter-to-sheikh-mohammed-bin-zayed-al-nahyan-crown-prince-of-abu-dhabi-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/ https://www.reparationlaw.com/news/open-letter-to-sheikh-mohammed-bin-zayed-al-nahyan-crown-prince-of-abu-dhabi-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/#comments Fri, 20 Apr 2018 09:22:11 +0000 admin http://www.reparationlaw.com/news/?p=1203 Read more »]]>

Open Letter to H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud

20th April, 2018 New Delhi.

‘OPEN LETTER TO H.H SHEIKH MOHAMMED BIN ZAYED AL NAHYAN, CROWN PRINCE OF ABU DHABI AND DEPUTY SUPREME COMMANDER OF THE UAE ARMED FORCES, TO CLAIM DAMAGES FOR NON-ENFORCEMENT OF A SET OF JUDGMENTS OF UAE COURTS & OUTRIGHT FRAUD’

Download the Authentic  Open Letter to H.E. Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of Judgments of UAE Courts & Outright Fraud, in PDF (Size: 530 kb)

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
H.H Sheikh Mohammed bin Zayed Al Nahyan,
Crown Prince of Abu Dhabi and Deputy Supreme Commander -
of the UAE Armed Forces.

Sub. “Damages For Non-Enforcement of Judgments of UAE Courts &
Outright Fraud by the UAE Administration”

His Highness,

This ‘Open Letter’ is a reminder of the previous letter to H.E. Dr. Ahmed Al Banna, UAE Ambassador to India, Dated 28th Feb, 2018. Full text.

The Petitioner is forwarding herewith a copy of his latest representation to the Ministry of External Affairs, Government of India, dated 09th Feb-2018 for redressal of sufferings and deprivation of all his Rights and assets consequent on his fraudulent and inhuman deportation from the UAE in the year 1996 over-riding the fact that 4 successive Judgments in his favour from Abu Dhabi Courts, finding the UAE officials guilty of the most heinous crimes against him.

The petitioner was closely associated with the Private Departments of (Late) H,H.Shaikh Zayed Bin Sultan Al-Nahyan, from 1982 onwards, the then Emir of Abu Dhabi and also the President of United Arab Emirates, H.H. Sheikh Khalifa bin Zayed Al Nahyan, who succeeded Sheikh Zayed as ruler and many others in the ruling family. He had registrations with all the major Oil & Gas Companies on behalf of his firms General Contracting & Trading Est., with all mandatory Governmental Licences, for bidding/tendering/projects/participations etc., and contributed much to the developments of Abu Dhabi Emirate. The petitioner was one of the first India-born real estate investors in Abu Dhabi, UAE, which is a multi-trillion US dollar industry today.

This is a case of personal and racially aggravated attack with malicious motives by ‘higher officials of Abu Dhabi’, UAE, in collaboration with Police, to stop an ‘execution of a Decree’ awarded by the Civil Court on an Apartment Tower  contract  in 1995,  which involves extortion, trespassing, inhuman torture, illegal detention,  criminal conspiracy and fraud against an Indian investor.

[The following part was a significant turning point in this case, it also exposes the deplorable state of affairs in the Administration of Abu Dhabi Police, during the period of the petitioner’s case; in the year 1995].

“In the instant case, the Abu Dhabi policemen did their atrocious acts towards the petitioner in a terrible manner and were caught red-handed by the Petitioner while committing burglary at his office. Thereby they already lost their face.

The policemen who came responding to the alert of the Petitioner, unjustifiably protected the trespassers who were the  law breakers and jointly attacked the petitioner so horribly, worse than death, at the instance of the local Emirati  (the friend of ‘Crown Prince Mohammed bin Zayed al-Nahyan’) for getting illegal gains and to circumvent the Court’s order in force against him. The Petitioner and his younger brother were literally kidnapped from their office by the policemen and were held as a shield against their aggravated crimes.

The Criminal Court found the offenders (A group of policemen and the local Emirati) were guilty and, therefore, passed orders to investigate the crime committed by them. Then followed several other Court Judgments and orders in absolute in favour of the petitioner including the highest Court of Abu Dhabi, against the culprits”.

An excerpt from the Apex Court Judgment reads 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 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….” (Apex Court Judgment, 188/1996 dated 19/5/1996 Abu Dhabi, United Arab Emirates).

The enforcement of a Judgment is regarded as an integral part of the fundamental Human Right to a fair trial in a reasonable time. That has been violated. Worst still, the Judgment-debtor, the UAE ruler, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, images and reputation in the UAE, hard earned by his blood and sweat and valuable expertise in profession.

After arriving India in 1996, the petitioner had submitted very many representations to your Excellency, as a respondent in the case, detailing his inordinate sufferings due to the patent violations of Human Rights perpetrated against him by your country. Two Judicial Orders were also passed by the High Court of Delhi to you (after approaching the Supreme Court) to settle the case.  A period of twenty two years is passed by till date, but there was no response/acknowledgement was received to any of them.

The Petitioner is yet to receive any relief from the country you are privileged to represent in India.  In recent times, the scenario  in legal area has changed entirely.  That a citizen of any country can seek relief from another country (including UAE) has been established, and also acquiesced in by UAE.

The issue of summons to the UAE Ambassador in America, in a Civil Suit instituted in 2009 in a U.S. District Court against UAE (against the top three members of the UAE’s ruling family, who were accused of roles in the abduction and torture) has led to this important development.  Though the charges and jurisdiction of American Court were questioned initially by UAE, it was conceded as evidenced by settlement reached in between the U.S. citizen and UAE.  It is, therefore, open to Indian Courts or authorities to give relief to a person in India, to sue your Government as well in the light of the legal development.

In the present case, UAE Government has additionally made investments in various parts of India.  Your Government is also engaging in trading and commercial activities worth billions of US dollars.  UAE owns properties in the State of Kerala as well.

Before instituting a Suit against you and your country in the light of subsequent development, the Petitioner felt, and he was advised by the Legal Cell of the Indian Society of Authors (with a former Judge of Kerala High Court as Chairman), and members like Judges of the Mumbai and Kerala High Courts and other Government Lawyers that,  it would be desirable to appraise you about his intention to file a Suit in Kerala for securing relief overdue.

The Petitioner would certainly like to avoid a legal battle, wasteful and long drawn out. This letter is to request you humbly, to compensate him for the damages he has sustained under the various counts including violation and deprivation of the Human Rights, and torture and for the deprivation of all his businesses, assets and earnings situated in UAE at the time of his illegal deportation.  The compensation due to him, would be very substantial, aggregating to very many millions of US Dollars. The Petitioner would be only happy in the circumstances, if you could settle his claim, or agree for a settlement by known legal methods including Arbitration as regards quantum of compensation;  Arbitration by a mutually agreed authority.  He would prefer the direct settlement between the parties.

The UAE is liable to pay the petitioner for all the natural and direct consequences of its wrongful act. Apart from actual loss and exemplary or punitive damages, he is entitled to get compensatory damages for pecuniary and non-pecuniary losses, aggravated damages for pain and sufferings, violation of his dignity, respect and rights,  as detailed in the representation filed before the Government of India, towards the price of his business assets, real estate investments left behind in the UAE when he was illegally deported; and the business profits and gains and its market value he would have earned, as well as other expenses for all these years that followed.

There was not merely criminal failure on the part of the authorities in the implementation of a set of Judgements of the Court of Law (in the case relating to aggravated assault, burglary etc.) The authorities are also liable to compensate the petitioner for his intangible injuries as damages suffered from physical and psychological pain as result of the unjust and illegal actions of the authorities, continued up to the deportation and resultant deprivation when he landed in his home land, bereft of any assets whatever.

The (irremediable) damages inflicted on Petitioner by UAE authorities and its far-reaching repercussions:-

Mental distress (by aggravated assault, abduction, detention, extortion, and inhuman torture);

Anguish (resulting from the impact of torture, and deprivation of businesses, investments, company staffs and employees and mental peace of the members of his family and relatives);

Grief (about the state of affairs of himself and the members of his family);

Anxiety (about his own health, ailments, and worries about his staffs, employees and his family) He had to suffer pancreas disorders, heart ailments, compelling him to be an inpatient in hospitals, and continuing to suffer such ailments requiring constant and massive medication;

Vexation (including that caused by the feelings of agony to himself and the members of his family);

Indignation (against the inhumanities of the administration);

Outrage (about the total lack of Rule of Law, and the feeling that even the judiciary is treated with contempt);

Wounded Pride (in the background of the loss of high esteem and dignity he enjoyed in UAE and his homeland India);

Loss of Faith (regarding the petitioner in friends and colleagues and the like. Such persons included businessmen attached to very prestigious investing establishments).

The petitioner  is entitled to compensation for this unique case of  repeated defrauding of the ‘Judgement Creditor’, torturing him to near death, and violating ‘Four Judgements of the UAE Courts’ in his favour and the like. Having regard to the serious nature of the loss and injuries suffered and continuing to be suffered, he is also entitled to an interim relief, on urgent basis, fixed at 120 million US Dollars [INR.782 crore].

The Petitioner seeks an expeditious remedy, in view of the sufferings undergone by him for a long duration of nearly twenty-two years.  As a founder member of ‘INSA’, (Indian Society of Authors, Kerala Chapter), the Petitioner have already requested ‘INSA’ to offer him assistance through their Legal Cell, and he expect that, the organization and its Legal Cell (with very many former Judges of the High Courts and Subordinate Courts and Senior Lawyers) to help him in the just and equitable cause.

The Petitioner expects a  response and reply before 14th May, 2018.  If there is no response, he will be constrained to resort to legal proceedings, holding you and your country responsible for all the costs and consequences thereof.

Yours faithfully,

Panikkaveettil K. Jabir, [Petitioner],

Encl:
Ref. Letter to Smt. Sushma Swaraj, Hon’ble Minister for External Affairs, dated 09-02-2018.

Open Letter [Main] to:
H.E Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration’

Open Letter [Copies] to:
1) H.H Sheikh Khalifa bin Zayed Al Nahyan, The President of UAE & Ruler of Abu Dhabi.
2) H.H Sheikh Mohammed bin Rashid Al Maktoum, Vice-President & Prime Minister of UAE and Ruler of Dubai.
3) H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.
4) H.H Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs of UAE and International Cooperation.
5) H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister of UAE and Minister of the Interior.
6) H.E Jamal Hussain Al Zaabi, The Consular General of the UAE, UAE Consulate, Thiruvananthapuram, Kerala.

Last Update: 20th April, 2018, New Delhi.

Return to the Legal Cell’s Founder CEO

Visit Case Exhibits: UAE.JABIR.NET

MISSION STATEMENT

Safeguard the Rule of Law by ensuring Justice, Freedom and Peace in society.

CASE LAW   |   RESOURCES   |   PUBLICATIONS   |  SOCIAL MEDIA   |   NEWS ROOM

]]> https://www.reparationlaw.com/news/open-letter-to-sheikh-mohammed-bin-zayed-al-nahyan-crown-prince-of-abu-dhabi-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/feed/ 0 https://www.reparationlaw.com/news/open-letter-to-sheikh-mohammed-bin-rashid-prime-minister-of-uae-and-ruler-of-dubai-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/ https://www.reparationlaw.com/news/open-letter-to-sheikh-mohammed-bin-rashid-prime-minister-of-uae-and-ruler-of-dubai-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/#comments Fri, 20 Apr 2018 09:00:24 +0000 admin http://www.reparationlaw.com/news/?p=1192 Read more »]]>

Open Letter to H.H Sheikh Mohammed bin Rashid Al Maktoum, Vice-President & Prime Minister of UAE and Ruler of Dubai, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud

20th April, 2018 New Delhi.

‘OPEN LETTER TO H.H SHEIKH MOHAMMED BIN RASHID AL MAKTOUM, VICE-PRESIDENT & PRIME MINISTER OF UAE AND RULER OF DUBAI, TO CLAIM DAMAGES FOR NON-ENFORCEMENT OF A SET OF JUDGMENTS OF UAE COURTS & OUTRIGHT FRAUD’

Download the Authentic  Open Letter to H.E. Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of Judgments of UAE Courts & Outright Fraud, in PDF (Size: 530 kb)

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
H.H Sheikh Mohammed bin Rashid Al Maktoum,
Vice-President & Prime Minister of UAE and Ruler of Dubai, United Arab Emirates.

Sub. “Damages For Non-Enforcement of Judgments of UAE Courts &
Outright Fraud by the UAE Administration”

His Highness,

This ‘Open Letter’ is a reminder of the previous letter to H.E. Dr. Ahmed Al Banna, UAE Ambassador to India, Dated 28th Feb, 2018. Full text.

The Petitioner is forwarding herewith a copy of his latest representation to the Ministry of External Affairs, Government of India, dated 09th Feb-2018 for redressal of sufferings and deprivation of all his Rights and assets consequent on his fraudulent and inhuman deportation from the UAE in the year 1996 over-riding the fact that 4 successive Judgments in his favour from Abu Dhabi Courts, finding the UAE officials guilty of the most heinous crimes against him.

The petitioner was closely associated with the Private Departments of (Late) H,H.Shaikh Zayed Bin Sultan Al-Nahyan, from 1982 onwards, the then Emir of Abu Dhabi and also the President of United Arab Emirates, H.H. Sheikh Khalifa bin Zayed Al Nahyan, who succeeded Sheikh Zayed as ruler and many others in the ruling family. He had registrations with all the major Oil & Gas Companies on behalf of his firms General Contracting & Trading Est., with all mandatory Governmental Licences, for bidding/tendering/projects/participations etc., and contributed much to the developments of Abu Dhabi Emirate. The petitioner was one of the first India-born real estate investors in Abu Dhabi, UAE, which is a multi-trillion US dollar industry today.

This is a case of personal and racially aggravated attack with malicious motives by ‘higher officials of Abu Dhabi’, UAE, in collaboration with Police, to stop an ‘execution of a Decree’ awarded by the Civil Court on an Apartment Tower  contract  in 1995,  which involves extortion, trespassing, inhuman torture, illegal detention,  criminal conspiracy and fraud against an Indian investor.

[The following part was a significant turning point in this case, it also exposes the deplorable state of affairs in the Administration of Abu Dhabi Police, during the period of the petitioner’s case; in the year 1995].

“In the instant case, the Abu Dhabi policemen did their atrocious acts towards the petitioner in a terrible manner and were caught red-handed by the Petitioner while committing burglary at his office. Thereby they already lost their face.

The policemen who came responding to the alert of the Petitioner, unjustifiably protected the trespassers who were the  law breakers and jointly attacked the petitioner so horribly, worse than death, at the instance of the local Emirati  (the friend of ‘Crown Prince Mohammed bin Zayed al-Nahyan’) for getting illegal gains and to circumvent the Court’s order in force against him. The Petitioner and his younger brother were literally kidnapped from their office by the policemen and were held as a shield against their aggravated crimes.

The Criminal Court found the offenders (A group of policemen and the local Emirati) were guilty and, therefore, passed orders to investigate the crime committed by them. Then followed several other Court Judgments and orders in absolute in favour of the petitioner including the highest Court of Abu Dhabi, against the culprits”.

An excerpt from the Apex Court Judgment reads 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 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….” (Apex Court Judgment, 188/1996 dated 19/5/1996 Abu Dhabi, United Arab Emirates).

The enforcement of a Judgment is regarded as an integral part of the fundamental Human Right to a fair trial in a reasonable time. That has been violated. Worst still, the Judgment-debtor, the UAE ruler, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, images and reputation in the UAE, hard earned by his blood and sweat and valuable expertise in profession.

After arriving India in 1996, the petitioner had submitted very many representations to your Excellency, as a respondent in the case, detailing his inordinate sufferings due to the patent violations of Human Rights perpetrated against him by your country. Two Judicial Orders were also passed by the High Court of Delhi to you (after approaching the Supreme Court) to settle the case.  A period of twenty two years is passed by till date, but there was no response/acknowledgement was received to any of them.

The Petitioner is yet to receive any relief from the country you are privileged to represent in India.  In recent times, the scenario  in legal area has changed entirely.  That a citizen of any country can seek relief from another country (including UAE) has been established, and also acquiesced in by UAE.

The issue of summons to the UAE Ambassador in America, in a Civil Suit instituted in 2009 in a U.S. District Court against UAE (against the top three members of the UAE’s ruling family, who were accused of roles in the abduction and torture) has led to this important development.  Though the charges and jurisdiction of American Court were questioned initially by UAE, it was conceded as evidenced by settlement reached in between the U.S. citizen and UAE.  It is, therefore, open to Indian Courts or authorities to give relief to a person in India, to sue your Government as well in the light of the legal development.

In the present case, UAE Government has additionally made investments in various parts of India.  Your Government is also engaging in trading and commercial activities worth billions of US dollars.  UAE owns properties in the State of Kerala as well.

Before instituting a Suit against you and your country in the light of subsequent development, the Petitioner felt, and he was advised by the Legal Cell of the Indian Society of Authors (with a former Judge of Kerala High Court as Chairman), and members like Judges of the Mumbai and Kerala High Courts and other Government Lawyers that,  it would be desirable to appraise you about his intention to file a Suit in Kerala for securing relief overdue.

The Petitioner would certainly like to avoid a legal battle, wasteful and long drawn out. This letter is to request you humbly, to compensate him for the damages he has sustained under the various counts including violation and deprivation of the Human Rights, and torture and for the deprivation of all his businesses, assets and earnings situated in UAE at the time of his illegal deportation.  The compensation due to him, would be very substantial, aggregating to very many millions of US Dollars. The Petitioner would be only happy in the circumstances, if you could settle his claim, or agree for a settlement by known legal methods including Arbitration as regards quantum of compensation;  Arbitration by a mutually agreed authority.  He would prefer the direct settlement between the parties.

The UAE is liable to pay the petitioner for all the natural and direct consequences of its wrongful act. Apart from actual loss and exemplary or punitive damages, he is entitled to get compensatory damages for pecuniary and non-pecuniary losses, aggravated damages for pain and sufferings, violation of his dignity, respect and rights,  as detailed in the representation filed before the Government of India, towards the price of his business assets, real estate investments left behind in the UAE when he was illegally deported; and the business profits and gains and its market value he would have earned, as well as other expenses for all these years that followed.

There was not merely criminal failure on the part of the authorities in the implementation of a set of Judgements of the Court of Law (in the case relating to aggravated assault, burglary etc.) The authorities are also liable to compensate the petitioner for his intangible injuries as damages suffered from physical and psychological pain as result of the unjust and illegal actions of the authorities, continued up to the deportation and resultant deprivation when he landed in his home land, bereft of any assets whatever.

The (irremediable) damages inflicted on Petitioner by UAE authorities and its far-reaching repercussions:-

Mental distress (by aggravated assault, abduction, detention, extortion, and inhuman torture);

Anguish (resulting from the impact of torture, and deprivation of businesses, investments, company staffs and employees and mental peace of the members of his family and relatives);

Grief (about the state of affairs of himself and the members of his family);

Anxiety (about his own health, ailments, and worries about his staffs, employees and his family) He had to suffer pancreas disorders, heart ailments, compelling him to be an inpatient in hospitals, and continuing to suffer such ailments requiring constant and massive medication;

Vexation (including that caused by the feelings of agony to himself and the members of his family);

Indignation (against the inhumanities of the administration);

Outrage (about the total lack of Rule of Law, and the feeling that even the judiciary is treated with contempt);

Wounded Pride (in the background of the loss of high esteem and dignity he enjoyed in UAE and his homeland India);

Loss of Faith (regarding the petitioner in friends and colleagues and the like. Such persons included businessmen attached to very prestigious investing establishments).

The petitioner  is entitled to compensation for this unique case of  repeated defrauding of the ‘Judgement Creditor’, torturing him to near death, and violating ‘Four Judgements of the UAE Courts’ in his favour and the like. Having regard to the serious nature of the loss and injuries suffered and continuing to be suffered, he is also entitled to an interim relief, on urgent basis, fixed at 120 million US Dollars [INR.782 crore].

The Petitioner seeks an expeditious remedy, in view of the sufferings undergone by him for a long duration of nearly twenty-two years.  As a founder member of ‘INSA’, (Indian Society of Authors, Kerala Chapter), the Petitioner have already requested ‘INSA’ to offer him assistance through their Legal Cell, and he expect that, the organization and its Legal Cell (with very many former Judges of the High Courts and Subordinate Courts and Senior Lawyers) to help him in the just and equitable cause.

The Petitioner expects a  response and reply before 14th May, 2018.  If there is no response, he will be constrained to resort to legal proceedings, holding you and your country responsible for all the costs and consequences thereof.

Yours faithfully,

Panikkaveettil K. Jabir, [Petitioner],

Encl:
Ref. Letter to Smt. Sushma Swaraj, Hon’ble Minister for External Affairs, dated 09-02-2018.

Open Letter [Main] to:
H.E Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration’

Open Letter [Copies] to:
1) H.H Sheikh Khalifa bin Zayed Al Nahyan, The President of UAE & Ruler of Abu Dhabi.
2) H.H Sheikh Mohammed bin Rashid Al Maktoum, Vice-President & Prime Minister of UAE and Ruler of Dubai.
3) H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.
4) H.H Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs of UAE and International Cooperation.
5) H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister of UAE and Minister of the Interior.
6) H.E Jamal Hussain Al Zaabi, The Consular General of the UAE, UAE Consulate, Thiruvananthapuram, Kerala.

Last Update: 20th April, 2018, New Delhi.

Return to the Legal Cell’s Founder CEO

Visit Case Exhibits: UAE.JABIR.NET

MISSION STATEMENT

Safeguard the Rule of Law by ensuring Justice, Freedom and Peace in society.

CASE LAW   |   RESOURCES   |  SOCIAL MEDIA   |   PUBLICATIONS   |   NEWS ROOM

]]> https://www.reparationlaw.com/news/open-letter-to-sheikh-mohammed-bin-rashid-prime-minister-of-uae-and-ruler-of-dubai-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/feed/ 0 https://www.reparationlaw.com/news/open-letter-to-sheikh-khalifa-bin-zayed-al-nahyan-president-of-uae-ruler-of-abu-dhabi-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/ https://www.reparationlaw.com/news/open-letter-to-sheikh-khalifa-bin-zayed-al-nahyan-president-of-uae-ruler-of-abu-dhabi-to-claim-damages-for-non-enforcement-of-a-set-of-judgments-of-uae-courts-outright-fraud/#comments Fri, 20 Apr 2018 08:34:52 +0000 admin http://www.reparationlaw.com/news/?p=1179 Read more »]]>

Open Letter to H.H Sheikh Khalifa bin Zayed Al Nahyan, The President of UAE & Ruler of Abu Dhabi, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud

20th April, 2018 New Delhi.

‘OPEN LETTER TO H.H SHEIKH KHALIFA BIN ZAYED AL NAHYAN,

THE PRESIDENT OF UAE & RULER OF ABU DHABI, TO CLAIM DAMAGES FOR NON-ENFORCEMENT OF A SET OF JUDGMENTS OF UAE COURTS & OUTRIGHT FRAUD’

Download the Authentic  Open Letter to H.E. Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of Judgments of UAE Courts & Outright Fraud, in PDF (Size: 530 kb)

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
H.H Sheikh Khalifa bin Zayed Al Nahyan,
The President of UAE & Ruler of Abu Dhabi, United Arab Emirates.

Sub. “Damages For Non-Enforcement of Judgments of UAE Courts &
Outright Fraud by the UAE Administration”

His Highness,

This ‘Open Letter’ is a reminder of the previous letter to H.E. Dr. Ahmed Al Banna, UAE Ambassador to India, Dated 28th Feb, 2018. Full text.

The Petitioner is forwarding herewith a copy of his latest representation to the Ministry of External Affairs, Government of India, dated 09th Feb-2018 for redressal of sufferings and deprivation of all his Rights and assets consequent on his fraudulent and inhuman deportation from the UAE in the year 1996 over-riding the fact that 4 successive Judgments in his favour from Abu Dhabi Courts, finding the UAE officials guilty of the most heinous crimes against him.

The petitioner was closely associated with the Private Departments of (Late) H,H.Shaikh Zayed Bin Sultan Al-Nahyan, from 1982 onwards, the then Emir of Abu Dhabi and also the President of United Arab Emirates, H.H. Sheikh Khalifa bin Zayed Al Nahyan, who succeeded Sheikh Zayed as ruler and many others in the ruling family. He had registrations with all the major Oil & Gas Companies on behalf of his firms General Contracting & Trading Est., with all mandatory Governmental Licences, for bidding/tendering/projects/participations etc., and contributed much to the developments of Abu Dhabi Emirate. The petitioner was one of the first India-born real estate investors in Abu Dhabi, UAE, which is a multi-trillion US dollar industry today.

This is a case of personal and racially aggravated attack with malicious motives by ‘higher officials of Abu Dhabi’, UAE, in collaboration with Police, to stop an ‘execution of a Decree’ awarded by the Civil Court on an Apartment Tower  contract  in 1995,  which involves extortion, trespassing, inhuman torture, illegal detention,  criminal conspiracy and fraud against an Indian investor.

[The following part was a significant turning point in this case, it also exposes the deplorable state of affairs in the Administration of Abu Dhabi Police, during the period of the petitioner’s case; in the year 1995].

“In the instant case, the Abu Dhabi policemen did their atrocious acts towards the petitioner in a terrible manner and were caught red-handed by the Petitioner while committing burglary at his office. Thereby they already lost their face.

The policemen who came responding to the alert of the Petitioner, unjustifiably protected the trespassers who were the  law breakers and jointly attacked the petitioner so horribly, worse than death, at the instance of the local Emirati  (the friend of ‘Crown Prince Mohammed bin Zayed al-Nahyan’) for getting illegal gains and to circumvent the Court’s order in force against him. The Petitioner and his younger brother were literally kidnapped from their office by the policemen and were held as a shield against their aggravated crimes.

The Criminal Court found the offenders (A group of policemen and the local Emirati) were guilty and, therefore, passed orders to investigate the crime committed by them. Then followed several other Court Judgments and orders in absolute in favour of the petitioner including the highest Court of Abu Dhabi, against the culprits”.

An excerpt from the Apex Court Judgment reads 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 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….” (Apex Court Judgment, 188/1996 dated 19/5/1996 Abu Dhabi, United Arab Emirates).

The enforcement of a Judgment is regarded as an integral part of the fundamental Human Right to a fair trial in a reasonable time. That has been violated. Worst still, the Judgment-debtor, the UAE ruler, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, images and reputation in the UAE, hard earned by his blood and sweat and valuable expertise in profession.

After arriving India in 1996, the petitioner had submitted very many representations to your Excellency, as a respondent in the case, detailing his inordinate sufferings due to the patent violations of Human Rights perpetrated against him by your country. Two Judicial Orders were also passed by the High Court of Delhi to you (after approaching the Supreme Court) to settle the case.  A period of twenty two years is passed by till date, but there was no response/acknowledgement was received to any of them.

The Petitioner is yet to receive any relief from the country you are privileged to represent in India.  In recent times, the scenario  in legal area has changed entirely.  That a citizen of any country can seek relief from another country (including UAE) has been established, and also acquiesced in by UAE.

The issue of summons to the UAE Ambassador in America, in a Civil Suit instituted in 2009 in a U.S. District Court against UAE (against the top three members of the UAE’s ruling family, who were accused of roles in the abduction and torture) has led to this important development.  Though the charges and jurisdiction of American Court were questioned initially by UAE, it was conceded as evidenced by settlement reached in between the U.S. citizen and UAE.  It is, therefore, open to Indian Courts or authorities to give relief to a person in India, to sue your Government as well in the light of the legal development.

In the present case, UAE Government has additionally made investments in various parts of India.  Your Government is also engaging in trading and commercial activities worth billions of US dollars.  UAE owns properties in the State of Kerala as well.

Before instituting a Suit against you and your country in the light of subsequent development, the Petitioner felt, and he was advised by the Legal Cell of the Indian Society of Authors (with a former Judge of Kerala High Court as Chairman), and members like Judges of the Mumbai and Kerala High Courts and other Government Lawyers that,  it would be desirable to appraise you about his intention to file a Suit in Kerala for securing relief overdue.

The Petitioner would certainly like to avoid a legal battle, wasteful and long drawn out. This letter is to request you humbly, to compensate him for the damages he has sustained under the various counts including violation and deprivation of the Human Rights, and torture and for the deprivation of all his businesses, assets and earnings situated in UAE at the time of his illegal deportation.  The compensation due to him, would be very substantial, aggregating to very many millions of US Dollars. The Petitioner would be only happy in the circumstances, if you could settle his claim, or agree for a settlement by known legal methods including Arbitration as regards quantum of compensation;  Arbitration by a mutually agreed authority.  He would prefer the direct settlement between the parties.

The UAE is liable to pay the petitioner for all the natural and direct consequences of its wrongful act. Apart from actual loss and exemplary or punitive damages, he is entitled to get compensatory damages for pecuniary and non-pecuniary losses, aggravated damages for pain and sufferings, violation of his dignity, respect and rights,  as detailed in the representation filed before the Government of India, towards the price of his business assets, real estate investments left behind in the UAE when he was illegally deported; and the business profits and gains and its market value he would have earned, as well as other expenses for all these years that followed.

There was not merely criminal failure on the part of the authorities in the implementation of a set of Judgements of the Court of Law (in the case relating to aggravated assault, burglary etc.) The authorities are also liable to compensate the petitioner for his intangible injuries as damages suffered from physical and psychological pain as result of the unjust and illegal actions of the authorities, continued up to the deportation and resultant deprivation when he landed in his home land, bereft of any assets whatever.

The (irremediable) damages inflicted on Petitioner by UAE authorities and its far-reaching repercussions:-

Mental distress (by aggravated assault, abduction, detention, extortion, and inhuman torture);

Anguish (resulting from the impact of torture, and deprivation of businesses, investments, company staffs and employees and mental peace of the members of his family and relatives);

Grief (about the state of affairs of himself and the members of his family);

Anxiety (about his own health, ailments, and worries about his staffs, employees and his family) He had to suffer pancreas disorders, heart ailments, compelling him to be an inpatient in hospitals, and continuing to suffer such ailments requiring constant and massive medication;

Vexation (including that caused by the feelings of agony to himself and the members of his family);

Indignation (against the inhumanities of the administration);

Outrage (about the total lack of Rule of Law, and the feeling that even the judiciary is treated with contempt);

Wounded Pride (in the background of the loss of high esteem and dignity he enjoyed in UAE and his homeland India);

Loss of Faith (regarding the petitioner in friends and colleagues and the like. Such persons included businessmen attached to very prestigious investing establishments).

The petitioner  is entitled to compensation for this unique case of  repeated defrauding of the ‘Judgement Creditor’, torturing him to near death, and violating ‘Four Judgements of the UAE Courts’ in his favour and the like. Having regard to the serious nature of the loss and injuries suffered and continuing to be suffered, he is also entitled to an interim relief, on urgent basis, fixed at 120 million US Dollars [INR.782 crore].

The Petitioner seeks an expeditious remedy, in view of the sufferings undergone by him for a long duration of nearly twenty-two years.  As a founder member of ‘INSA’, (Indian Society of Authors, Kerala Chapter), the Petitioner have already requested ‘INSA’ to offer him assistance through their Legal Cell, and he expect that, the organization and its Legal Cell (with very many former Judges of the High Courts and Subordinate Courts and Senior Lawyers) to help him in the just and equitable cause.

The Petitioner expects a  response and reply before 14th May, 2018.  If there is no response, he will be constrained to resort to legal proceedings, holding you and your country responsible for all the costs and consequences thereof.

Yours faithfully,

Panikkaveettil K. Jabir, [Petitioner],

Encl:
Ref. Letter to Smt. Sushma Swaraj, Hon’ble Minister for External Affairs, dated 09-02-2018.

Open Letter [Main] to:
H.E Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration’

Open Letter [Copies] to:
1) H.H Sheikh Khalifa bin Zayed Al Nahyan, The President of UAE & Ruler of Abu Dhabi.
2) H.H Sheikh Mohammed bin Rashid Al Maktoum, Vice-President & Prime Minister of UAE and Ruler of Dubai.
3) H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.
4) H.H Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs of UAE and International Cooperation.
5) H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister of UAE and Minister of the Interior.
6) H.E Jamal Hussain Al Zaabi, The Consular General of the UAE, UAE Consulate, Thiruvananthapuram, Kerala.

Last Update: 20th April, 2018, New Delhi.

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‘Open Letter to H.E. Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration’

20th April, 2018 New Delhi.

‘OPEN LETTER TO H.E. DR. AHMED AL BANNA, THE UAE AMBASSADOR TO INDIA, TO CLAIM DAMAGES FOR NON-ENFORCEMENT OF A SET OF JUDGMENTS OF UAE COURTS & OUTRIGHT FRAUD BY THE UAE ADMINISTRATION’

Download the Authentic  Open Letter to H.E. Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of Judgments of UAE Courts & Outright Fraud, in PDF (Size: 530 kb)

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
H.E. Dr. Ahmed Al Banna, UAE Ambassador to India,
12, Chandragupta Marg, Chanakyapuri, New Delhi – 110 021.

Sub. “Damages For Non-Enforcement of Judgments of UAE Courts &
Outright Fraud by the UAE Administration”

His Excellency,

This ‘Open Letter’ is a reminder of the previous letter to H.E. Dr. Ahmed Al Banna, UAE Ambassador to India, Dated 28th Feb, 2018. Full text.

The Petitioner is forwarding herewith a copy of his latest representation to the Ministry of External Affairs, Government of India, dated 09th Feb-2018 for redressal of sufferings and deprivation of all his Rights and assets consequent on his fraudulent and inhuman deportation from the UAE in the year 1996 over-riding the fact that 4 successive Judgments in his favour from Abu Dhabi Courts, finding the UAE officials guilty of the most heinous crimes against him.

The petitioner was closely associated with the Private Departments of (Late) H,H.Shaikh Zayed Bin Sultan Al-Nahyan, from 1982 onwards, the then Emir of Abu Dhabi and also the President of United Arab Emirates, H.H. Sheikh Khalifa bin Zayed Al Nahyan, who succeeded Sheikh Zayed as ruler and many others in the ruling family. He had registrations with all the major Oil & Gas Companies on behalf of his firms General Contracting & Trading Est., with all mandatory Governmental Licences, for bidding/tendering/projects/participations etc., and contributed much to the developments of Abu Dhabi Emirate. The petitioner was one of the first India-born real estate investors in Abu Dhabi, UAE, which is a multi-trillion US dollar industry today.

This is a case of personal and racially aggravated attack with malicious motives by ‘higher officials of Abu Dhabi’, UAE, in collaboration with Police, to stop an ‘execution of a Decree’ awarded by the Civil Court on an Apartment Tower  contract  in 1995,  which involves extortion, trespassing, inhuman torture, illegal detention,  criminal conspiracy and fraud against an Indian investor.

[The following part was a significant turning point in this case, it also exposes the deplorable state of affairs in the Administration of Abu Dhabi Police, during the period of the petitioner’s case; in the year 1995].

“In the instant case, the Abu Dhabi policemen did their atrocious acts towards the petitioner in a terrible manner and were caught red-handed by the Petitioner while committing burglary at his office. Thereby they already lost their face.

The policemen who came responding to the alert of the Petitioner, unjustifiably protected the trespassers who were the  law breakers and jointly attacked the petitioner so horribly, worse than death, at the instance of the local Emirati  (the friend of ‘Crown Prince Mohammed bin Zayed al-Nahyan’) for getting illegal gains and to circumvent the Court’s order in force against him. The Petitioner and his younger brother were literally kidnapped from their office by the policemen and were held as a shield against their aggravated crimes.

The Criminal Court found the offenders (A group of policemen and the local Emirati) were guilty and, therefore, passed orders to investigate the crime committed by them. Then followed several other Court Judgments and orders in absolute in favour of the petitioner including the highest Court of Abu Dhabi, against the culprits”.

An excerpt from the Apex Court Judgment reads 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 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….” (Apex Court Judgment, 188/1996 dated 19/5/1996 Abu Dhabi, United Arab Emirates).

The enforcement of a Judgment is regarded as an integral part of the fundamental Human Right to a fair trial in a reasonable time. That has been violated. Worst still, the Judgment-debtor, the UAE ruler, bypassed all the laws to commit the offense of defrauding the Judgment Creditor in the most cruel and diabolical manner, to deny him the fruits of the decrees obtained by him, forced him to leave behind his well established three business concerns, real estate properties and other investments, images and reputation in the UAE, hard earned by his blood and sweat and valuable expertise in profession.

After arriving India in 1996, the petitioner had submitted very many representations to your Excellency, as a respondent in the case, detailing his inordinate sufferings due to the patent violations of Human Rights perpetrated against him by your country. Two Judicial Orders were also passed by the High Court of Delhi to you (after approaching the Supreme Court) to settle the case.  A period of twenty two years is passed by till date, but there was no response/acknowledgement was received to any of them.

The Petitioner is yet to receive any relief from the country you are privileged to represent in India.  In recent times, the scenario  in legal area has changed entirely.  That a citizen of any country can seek relief from another country (including UAE) has been established, and also acquiesced in by UAE.

The issue of summons to the UAE Ambassador in America, in a Civil Suit instituted in 2009 in a U.S. District Court against UAE (against the top three members of the UAE’s ruling family, who were accused of roles in the abduction and torture) has led to this important development.  Though the charges and jurisdiction of American Court were questioned initially by UAE, it was conceded as evidenced by settlement reached in between the U.S. citizen and UAE.  It is, therefore, open to Indian Courts or authorities to give relief to a person in India, to sue your Government as well in the light of the legal development.

In the present case, UAE Government has additionally made investments in various parts of India.  Your Government is also engaging in trading and commercial activities worth billions of US dollars.  UAE owns properties in the State of Kerala as well.

Before instituting a Suit against you and your country in the light of subsequent development, the Petitioner felt, and he was advised by the Legal Cell of the Indian Society of Authors (with a former Judge of Kerala High Court as Chairman), and members like Judges of the Mumbai and Kerala High Courts and other Government Lawyers that,  it would be desirable to appraise you about his intention to file a Suit in Kerala for securing relief overdue.

The Petitioner would certainly like to avoid a legal battle, wasteful and long drawn out. This letter is to request you humbly, to compensate him for the damages he has sustained under the various counts including violation and deprivation of the Human Rights, and torture and for the deprivation of all his businesses, assets and earnings situated in UAE at the time of his illegal deportation.  The compensation due to him, would be very substantial, aggregating to very many millions of US Dollars. The Petitioner would be only happy in the circumstances, if you could settle his claim, or agree for a settlement by known legal methods including Arbitration as regards quantum of compensation;  Arbitration by a mutually agreed authority.  He would prefer the direct settlement between the parties.

The UAE is liable to pay the petitioner for all the natural and direct consequences of its wrongful act. Apart from actual loss and exemplary or punitive damages, he is entitled to get compensatory damages for pecuniary and non-pecuniary losses, aggravated damages for pain and sufferings, violation of his dignity, respect and rights,  as detailed in the representation filed before the Government of India, towards the price of his business assets, real estate investments left behind in the UAE when he was illegally deported; and the business profits and gains and its market value he would have earned, as well as other expenses for all these years that followed.

There was not merely criminal failure on the part of the authorities in the implementation of a set of Judgements of the Court of Law (in the case relating to aggravated assault, burglary etc.) The authorities are also liable to compensate the petitioner for his intangible injuries as damages suffered from physical and psychological pain as result of the unjust and illegal actions of the authorities, continued up to the deportation and resultant deprivation when he landed in his home land, bereft of any assets whatever.

The (irremediable) damages inflicted on Petitioner by UAE authorities and its far-reaching repercussions:-

Mental distress (by aggravated assault, abduction, detention, extortion, and inhuman torture);

Anguish (resulting from the impact of torture, and deprivation of businesses, investments, company staffs and employees and mental peace of the members of his family and relatives);

Grief (about the state of affairs of himself and the members of his family);

Anxiety (about his own health, ailments, and worries about his staffs, employees and his family) He had to suffer pancreas disorders, heart ailments, compelling him to be an inpatient in hospitals, and continuing to suffer such ailments requiring constant and massive medication;

Vexation (including that caused by the feelings of agony to himself and the members of his family);

Indignation (against the inhumanities of the administration);

Outrage (about the total lack of Rule of Law, and the feeling that even the judiciary is treated with contempt);

Wounded Pride (in the background of the loss of high esteem and dignity he enjoyed in UAE and his homeland India);

Loss of Faith (regarding the petitioner in friends and colleagues and the like. Such persons included businessmen attached to very prestigious investing establishments).

The petitioner  is entitled to compensation for this unique case of  repeated defrauding of the ‘Judgement Creditor’, torturing him to near death, and violating ‘Four Judgements of the UAE Courts’ in his favour and the like. Having regard to the serious nature of the loss and injuries suffered and continuing to be suffered, he is also entitled to an interim relief, on urgent basis, fixed at 120 million US Dollars [INR.782 crore].

The Petitioner seeks an expeditious remedy, in view of the sufferings undergone by him for a long duration of nearly twenty-two years.  As a founder member of ‘INSA’, (Indian Society of Authors, Kerala Chapter), the Petitioner have already requested ‘INSA’ to offer him assistance through their Legal Cell, and he expect that, the organization and its Legal Cell (with very many former Judges of the High Courts and Subordinate Courts and Senior Lawyers) to help him in the just and equitable cause.

The Petitioner expects a  response and reply before 14th May, 2018.  If there is no response, he will be constrained to resort to legal proceedings, holding you and your country responsible for all the costs and consequences thereof.

Yours faithfully,

Panikkaveettil K. Jabir, [Petitioner],

Encl:
Ref. Letter to Smt. Sushma Swaraj, Hon’ble Minister for External Affairs, dated 09-02-2018.

Open Letter [Main] to:
H.E Dr. Ahmed Al Banna, the UAE Ambassador to India, to Claim Damages For Non-Enforcement of a Set of Judgments of UAE Courts & Outright Fraud by the UAE Administration’

Open Letter [Copies] to:
1) H.H Sheikh Khalifa bin Zayed Al Nahyan, The President of UAE & Ruler of Abu Dhabi.
2) H.H Sheikh Mohammed bin Rashid Al Maktoum, Vice-President & Prime Minister of UAE and Ruler of Dubai.
3) H.H Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces.
4) H.H Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs of UAE and International Cooperation.
5) H.H Lt. General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister of UAE and Minister of the Interior.
6) H.E Jamal Hussain Al Zaabi, The Consular General of the UAE, UAE Consulate, Thiruvananthapuram, Kerala.

Last Update: 20th April, 2018, New Delhi.

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]]> https://www.reparationlaw.com/news/open-letter-to-uae-ambassador-to-india-to-claim-damages-for-non-enforcement-of-judgments-of-uae-courts-and-outright-fraud/feed/ 0 https://www.reparationlaw.com/news/the-gravest-injustice-towards-an-indian-investor-in-uae-open-letter-to-smt-sushma-swaraj-minister-for-external-affairs/ https://www.reparationlaw.com/news/the-gravest-injustice-towards-an-indian-investor-in-uae-open-letter-to-smt-sushma-swaraj-minister-for-external-affairs/#comments Wed, 18 Apr 2018 07:31:53 +0000 admin http://www.reparationlaw.com/news/?p=1150 Read more »]]> ‘The Gravest Injustice Towards An Indian Investor In UAE’ – Open Letter to Smt. Sushma Swaraj, Minister for External Affairs

18th  April, 2018 New Delhi

Download the authentic ‘Representation to Smt. Sushma Swaraj, Minister for External Affairs’, in PDF (Size: 530 kb)

‘The Gravest Injustice Towards An Indian Investor In UAE’ – Open Letter to Smt. Sushma Swaraj, Minister for External Affairs

To

Hon’ble Minister for External Affairs, Smt. Sushma Swaraj,
8, Safdarjung Lane, New Delhi – 110 011.

Sub. ’The Gravest Injustice Towards An Indian Investor In UAE’ – Open Letter to Smt. Sushma Swaraj, Minister for External Affairs

Respected Madam,

This representation is in continuation of the letter dated 16.07.2014 addressed to the Hon’ble Minister for the MEA; and further the latest representation dated 09-02-2018 to Smt. Sushma Swaraj, the External Affairs Minister of India. A copy of the same is enclosed herewith for ready reference as Annexure-1.

[Special Note: The Petitioner wishes to emphasize that unlike the common types of cases, this representation before the Govt. of India involves some important issues of great legal significance; namely,

(I) The Petitioner's case had already been decided in absolute, in his favour,  in different  Courts of Abu Dhabi, UAE, including its Apex Court, way back in 1996.

(II) The 'UAE regime' has ignored and violated the 'Four Consecutive Court Judgments' against them. What's more, an endorsement was made in the passport of the petitioner, in support of an 'administrative order',  to the effect that the petitioner was deported in the light of the case before the Criminal Court.

(III) This order was false to the knowledge of the authority and was deliberately incorporated constituting the gravest crime of false representation making out a case of 'Outright Fraud' against the UAE administration. It's perhaps unparalleled in the whole history of the world!].

The Petitioner was subjected to acute torture, detention in prison, and repatriation without any of his assets, whatever, to the homeland, India.

The violation of human rights of the acutest kind, which has virtually deprived him of the life and liberty guaranteed under article 21 of the Constitution of India.

The Hon’ble Supreme Court has laid down the steps to be taken by the State, whenever a citizen is arrested by the Police, in D.K. Basu’s case. They include intimation by Police about the case to the near relatives of the accused and the production by the accused before Court. A copy of the guidelines for arrest is produced herewith as Annexure-2.

The Petitioner migrated to UAE in 1979, when he had education as an engineer with expertise and experience in Refrigeration and Electro-Mechanical works with Voltas & Lufthansa in Bombay.

UAE at the time was a poorly developed area. The under developed condition called for immense developmental activities including construction of buildings and ports, and other massive commercial structures. The expertise of the Petitioner was mostly needed for the country at that time, as in Electro-Mechanical activities were primary requirements for a country with desert like condition.

By hard work in the industry, and with full devotion for the developmental activities, the Petitioner also contributed his humble but impressive expertise and work for his host country, UAE.

The Petitioner had diverse activities as an investor, contractor and supplier. He could earn substantial assets by his long and untiring work. The assets including businesses, properties and real estate investment were substantial. His assets were estimated above 100 million US Dollars in 1995.

The UAE had essentially a feudal regime at that time. The King was all powerful. So was the ‘Crown Prince’. The worst cruelties of the rulers had to be suffered by anyone placed in that country.

Quite often the Kings and Princes had their own secret circle of friends, who would not heed to principles or tenets of law. The Petitioner was an unfortunate victim of such an agonizing situation.
A local Emirati, a friend of Abu Dhabi ‘Crown Prince‘ with malicious intention, tried to appropriate the substantial assets of the Petitioner.

As a law abiding citizen with legal and democratic tradition like rule of law of India, with great tradition, constitutional function in all branches like Executive, Legislative and Judiciary, the Petitioner sought remedies from the Courts of Law. The Civil lawsuit filed by the Petitioner, 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.

The local Emirati, schemed in collaboration with the ‘Crown Prince’, many activities, which seriously threatened the Petitioner’s life. He joined hands with the police to stop an ‘execution of the decree’ awarded by the Civil Court on an Apartment Tower, which was in favour of the Petitioner.

The local Emirati and his cronies, the plainclothes police, trespassed into the office of the Petitioner armed with heavy steel rods and chains. The Petitioner was racially abused (They were shouting openly that all ‘Indians are thieves and procurers’, a fact that stated in the Apex Court Judgment), assaulted, ransacked his entire office and robbed of money and valuables worth .4 million US Dollars.

The Petitioner was maliciously implicated in a criminal case with a preposterous allegation of ‘Using force against government employee and assault’. He was arrested and incarcerated in different detention centers, torturing him brutally, denying him food and drink,  and condemning him to hell like life.

The inhuman detention extended over a period of 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 massive evidences established the innocence of the Petitioner and the inhuman commissions of crimes by the UAE officials.

The Criminal Court acquitted the Petitioner; directed to release him immediately and what’s more to prosecute both the Policemen and the local person. The Hon’ble Court further passed orders to investigate the crime committed by them.

“The Policemen and the local dropped all the charges against Petitioner and pleaded guilty in the second stage of the criminal proceedings”.

The Apex Court upheld the findings of the Trial Court. It directed the authorities to restore to the Petitioner all the Rights he was deprived of and ‘TO COMPENSATE HIM’ for all losses and sufferings inflicted upon by the Abu Dhabi Police.

Strangely enough all the four expeditious judicial verdicts of the Abu Dhabi Court were wantonly obstructed, kicked off and violated by the regime. The regime even went to the extent of committing criminal fraud to deport the Petitioner arbitrarily, in order to avoid honouring its moral obligations. On his return to his motherland India, he had to struggle much to preserve his very life.

The Petitioner approached the Courts in India, the Hon’ble Supreme Court and the High court of Delhi for Justice in 1996, 1997 and 2003 respectively.

The High court at Delhi repeatedly directed the Government of India to dispose of his representation and pass appropriate orders in relation to the violation of laws as detailed in the representation.

The Petitioner had waited patiently all these years, but could not get any relief whatever till this day.

The Petitioner reminded the Government  about the pending representation. After a long delay he was informed that the representation was missing in the office of the Govt. of India. He was directed to file a further representation. This too was promptly done.

It is unfortunate that even now no orders have been passed in his representation.

The compensation payable for the violation of Human Rights, torture, incarceration in jail, and virtually appropriating all his businesses and assets, in UAE, merits redressal of the long pending grievances by the Govt. of India.

The damages under the various counts would come to many hundred millions of dollars. Interest is also due on the amount determined as the liability. Some important intervening developments may also be adverted to:

(a), In a similar situation, the Court in the United States has taken suit, wherein compensation was claimed in USA by an American citizen against the State of UAE. Though the jurisdiction of the US Court was initially questioned, the State of UAE acquiesced in the jurisdiction of the Court, ultimately a settlement between the US citizen and the defended UAE state, the later agreeing to pay 10 million US dollars by way of settlement.

(b), UAE has opened consulate at Thiruvananthapuram in the state of Kerala where the Petitioner resides. UAE has very recently concluded very many investment contracts which involves collaboration between the UAE and India, and between the citizens of both countries.

(c), UAE, it is understood, has resorted to recovery proceedings for the amounts claimed by the UAE Banks. This will imply sale of properties of an Indian citizen in India for satisfying the debts of the UAE banks and the Govt. of UAE. This circumstance will also justify active intervention by the Govt, of India for securing justice to an Indian citizen and repatriation of his assets and the dues awarded by the UAE Courts to the Indian Union.

The Petitioner had suffered injustice from both the governments, India and the UAE, for unduly long periods of over 22 years. The very life of the Petitioner and the members of his family are imperiled by the violation of their Human Rights. An interim relief of 20 million US dollars would be highly just and equitable in the circumstances.

‘The principles enunciated in a Judgment of the Kerala High Court in Radhakumari’s case is a historical example. The decision has been approvingly followed by all other Courts in India. (Radhakumari vs K.M.K. Nair (1983)’.

The Petitioner  earnestly appeals for an early disposal of his representation at any rate before 31.03.2018. If the Petitioner is denied an interim relief even at this stage, he will be constrained to initiate appropriate legal proceedings for vindication of his Constitutional Rights.

The Petitioner prays that he may be heard in the matter before final orders are passed.

Yours faithfully,

Panikkaveettil K. Jabir, [Petitioner],
501, Metro Plaza Building, Market Road, Near High Court,
Kochi, Kerala – 682018.

Encl:
1) Ref. Letter to Smt. Sushma Swaraj, Hon’ble Minister for External Affairs, dated 16.07.2014

2) The principles laid down by Hon’ble Supreme Court, in D.K.Basu Vs State of West Bengal.

Representation [09-02-2018] to:

Hon’ble External Affairs Minister of India, Smt. Sushma Swaraj;

Representation [Copies] to:

1) Hon’ble Prime Minister of India, Shri. Narendra Modi;

2) Shri. Vijay Keshav Gokhale, Secretary to Government of India, MEA;

3) H.E. Dr. Ahmed Al Banna Ambassador of the U.A.E., New Delhi.

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Last updated on 18th  April, 2018

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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

• “A Set of UAE Judgments was Unpaid, remained Unexecuted for the last 22 years! Both the Governments, the Government of India and the UAE Federation are Playing with Fire!”
• ‘“Thanks to State Department Cables, a U.S.Torture Victim Won a Rare $10 Million Settlement against UAE ruling family” – The condition: ‘Silence in the Press’!
• ‘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 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!

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