Therefore, the distance between the monster and the successful entrepreneur may not be so very far.

Jabir P.K.  Friday, January 19, 2022. New Delhi, Reparation Law News Service

Lulu Group announces new malls in Kozhikode, Kottayam; fish processing unit in Kochi. Photo courtesy of Mathrubhumi daily.

Therefore, the distance between the monster and the successful entrepreneur may not be so very far.

‘Download Article: ”The distance between the monster and the successful entrepreneur may not be so very far”, in PDF (Size: 710 Kb)’

[Statement on the 26th Anniversary of Armed Robbery, Kidnapping, Torture, Embezzlement of Huge Funds, etc., by Abu Dhabi Police, the notorious state police, in collusion with Sheikh Mohamed bin Zayed Al Nahyan, who perpetrated, masterminded, and triggered many different violent crimes against an India-born UAE investor, and the prolonged Non-enforcement of its half a dozen Court-Judgments, casting shame on both India and UAE and its much-hyped years of diplomatic ties.]

The politicians from Kerala profusely praised the prominent Indian businessman Yusuff Ali MA, Chairman and Managing Director of the Abu Dhabi-based LuLu Group, on the inaugural function of Lulu mall in Thiruvananthapuram on 16th December 2021.

The person behind the $8 billion turnovers of Lulu Group International, unknown to many, is in fact, the unofficial Ambassador for UAE Food Security. His primary duty is to ensure the continuous supply of Agricultural products from India (where else can he fetch it!) to Abu Dhabi, UAE. Indeed, Yusuff Ali is only a tool in the hands of UAE’s so-called de facto head, the crown prince of Abu Dhabi, Sheikh Mohamed bin Zayed Al Nahyan, widely known by his initials as MbZ, who maintains a dubious relationship with Ali.

The UAE is comprised of seven Emirates, including Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al-Quwain, Fujairah, and Ras Al Khaimah. The capital city is Abu Dhabi, located in the largest and wealthiest of the seven emirates. All of us should necessarily understand that out of its total land area, less than five per cent thereof is actually suitable for agriculture and water is being a scarce commodity.

UAE’s self-reliance on food is a critical issue since 90 per cent of its food is sourced from outside the country. Mr Yusuff Ali is building up a strategy for not only self-sufficiency of food products for the UAE, but also for making a stockpile of food and supplies for large-scale disasters, likely the least expected territorial conflict with Riyadh or a military confrontation with the Islamic Republic of Iran. Ali was recently appointed as the vice-chairman of the Abu Dhabi Chamber of Commerce and Industry (ADCCI), the apex government body for all businesses operating from Abu Dhabi, the UAE’s capital city.

href="http://www.reparationlaw.com/news/european-parliament-votes-to-boycott-uae-expo-due-to-human-rights-issues/">The European Parliament, the EU’s law-making body, passed a resolution on 16 September 2021, calling on the Member States to boycott the World Expo in Dubai, and for international companies to withdraw their sponsorship, due to the UAE’s horrible human rights track record. The UAE is already an ugly repressive regime, systematically carrying out grave human rights violations on scores of independent lawyers, judges, academics, writers, and critics, and state crushing the dissent simply because of their insistence on their right to freedom of expression.

The UAE’s leaders have marketed their country as a place that’s open to all kinds of businesses, with secrecy, complexity and control. Many members of Emirati royal families have greatly facilitated the procedure in return for commissions that can equal as much as 25% of the profits. The ‘Pandora Papers’ (ICIJ) revealed it as an invitation to criminals to make the most of it. The ICIJ document defines how strategies used to launder dirty money, conflict gold trade, and other financial crimes and ways to build wealth through investing in free trade zones (FTZs), a network of offshore secrecy hubs in the UAE.

Yusuff Ali operates hypermarkets and retail companies in many Arab countries as well as in Egypt, Indonesia, Malaysia, and India, representing investment funds from Abu Dhabi Government and Saudi Arabian Governments. Last year Yusuff Ali has engaged in a false or misleading representation, in line with Emirati royals, on a campaign for UAE golden visa investment scheme. The media has published his images along with href="https://www.judgmentforsale.com/uae_golden_visa_buyer_beware.html">south Indian movie actors Mammootty and Mohanlal who are holding their passports with the UAE golden visa stamp on them. The rise in celebrities and influencers being granted coveted visas have already sparked debate over the UAE citizenship laws.

According to Sofia Kaltenbrunner, campaign manager for Freedom in the UAE, an international NGO, the UAE’s increasing efforts to issue golden visas to social media influencers and celebrities is part of the country’s PR campaign to portray itself as a “modern, open and tolerant state”. “It is time to end the glaring hypocrisy of UAE citizenship laws and recognise children of Emirati mothers and stateless groups as Emirati nationals on an equal basis. The UAE is one of the most repressive states in the MENA region and any prisoners’ families have been stripped of their citizenship to intimidate them into silence,” she says.

Nicholas McGeehan, the UAE researcher for Human Rights Watch (HRW), branded the country as a ‘black hole’ for many basic human rights. UAE prisons are notorious for unhygienic conditions detainees are packed like sardines with widespread denial of adequate medical care. The UAE authorities often considered Indian citizens merely as ‘thieves and procurers’. This mentality has been changed or set aside when the food security issue has become at the top of the UAE agenda. Another factor is that Indians have become the largest non-Arab investors in UAE real estate.

The href="http://www.judgmentforsale.com/blog/solidarity-with-uae-lawyers/">UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, criticized the judicial system of the United Arab Emirates being hijacked by the executive branch of the government, after conducting an official visit to the UAE in February 2014.”

The ruling regime controls others with aggression, extortion, torture, etc., and shows no guilt or remorse for their actions. The cases decided in the U.S. Federal Court, the High Court of Delhi, and the UAE Court itself, against Sheikh Mohamed bin Zayed and his brothers in high profile torture cases established that many of the members in the ruling regime of UAE are genetically criminals and psychopaths.

A UAE court acquitted Sheikh Issa bin Zayed, a brother of Sheikh Mohammed and Sheikh Khalifa (President of the UAE) in a torture case in 2010. The court did not dispute the fact that Sheikh Issa was among those depicted in a graphic video, alongside Abu Dhabi Police torturing his former business partner who lost a load of grain worth 5,000 dollars. The torture involved shooting an automatic rifle around the victim in close proximity as the victim was screaming.  At one point, Sheikh uses an electric cattle prod, a relatively high-voltage electric shock device against the man’s testicles and inserts it in his anus. As the man wails in pain, the Sheikh pours lighter fluid on the man’s testicles and sets them aflame. The final scene on the video shows the Sheikh positioning his victim on the desert sand and then running him over repeatedly with a sport-utility vehicle.

THE US AUTHORITY was honest and reliable to take up the case of a naturalized U.S. citizen, Khaled Hassen, who was allegedly tortured by Mohamed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi, and the claim was settled roughly 3 years after filing the lawsuit in a U.S. District Court. Hassen, who was held for two years captive in Abu Dhabi prison from at least 1984, brought the suit only in 2009 the >href=”http://www.judgmentforsale.com/articles/us-man-secures-10-million-torture-settlement-against-abu-dhabi-uae/”>Intercept reports.

On the other hand, an Indian-origin UAE investor has fought an excellent fight against Sheikh Mohamed Bin Zayed, Abu Dhabi, the real culprit in a landmark case (#JabirVsUAE), involving armed robbery, kidnapping, torture, contempt of Courts etc. This habitual offender is still at large despite 4 Judicial Awards from the UAE including the Apex Court of Abu Dhabi (No. 188/1996) and 2 Judicial Awards from the High Court of Delhi (1997-2007).

In this landmark UAE case, an investor, developer-cum-contractor from India was beaten in cold blood by Abu Dhabi Police, kidnapped, extorted money, embezzled huge funds, and kept arbitrarily, often thrown into solitary confinement. The investor was threatened to be killed to stop an ‘execution of a decree’ awarded to him by a Civil Court of Abu Dhabi on building-tower litigation, which was against an associate of Sheikh Mohamed bin Zayed.

The investor has been brutally tortured by a group of state police. During a lengthy torture session in an underground torture chamber, one of the fingernails of the investor was entirely torn apart with the skin surrounding the nail. It was terrible the excruciating pain by the policemen ripping off his nail from the nail bed. But the real horror was when policemen forced the investor to lie down on the floor and took some rag clothes consisting of a long length and rolled it on his head, covering the entire face. His hands were tied behind his back and his feet were tied together and blindfolded. His mouth and nose were shut tight with the same rag clothes and started hitting and kicking and was traumatized. The pressure was exerted on his head, neck and all over his body. As a result of the harrowing torture methods, he was coughing and gasping for breath, and he cried for breath for a long time. Soon thereafter the Investor became unconscious and eventually, he was taken to Central hospital-emergency, Abu Dhabi.

There was an inevitable backlash against racketeering, police response and the escalation of concocted stories by authority. The investor remain incarcerated and tortured for around 30 days and was released unilaterally. The defiant Executive, however, continued the violation of Human Rights. In just 3 days, the investor had been abducted once again by the same captors, the powerful criminal-police nexus in the Emirate, and inflicted severe trauma.

As a police state, under a military head, the state police was forced to struggle hard for almost seven months to fabricate false evidence, after framing frivolous charges against the investor while keeping him imprisoned under squalid conditions at the notorious Al Wathba Central Prison and was not permitted and was inaccessible by any of his staff or counsels. But they completely failed in front of the enormous volume of evidence against them. The Abu Dhabi Criminal Court expressed its shock while hearing the incident of police brutality. Hence a speedy trial was announced.

Eyewitnesses were called to testify in Court. A Pakistani witness said that a policeman was holding an iron bar of one-meter length in his hand, threatening anyone who came near the office premises of the investor and was shouting “Indian, Pakistani and Bengalis all are thieves and procurers”. A good number of witnesses from different nationalities, who did not care about the threat of the notorious State-police and public prosecution, dared to explain the facts. This was an unusual occurrence in this country and this indeed helped the Court.

The First Instance Court has issued several orders including releasing the investor from prison, to investigate the crime committed by policemen, and to prosecute the policemen etc. The Appellate Court has held the case on daily basis despite their hectic schedules. The conduct of the Prosecutor was also condemned. A declaration in the Final Judgment by the Apex Court of UAE reads:- ‘All the evidence indicates the properness of the behaviour of the investor’.

The policemen and the local Emirati involved in the crime pleaded guilty by written statements duly attested by Notary. The Prosecution has declared itself willing to accept responsibility to avoid further investigation against the heinous crimes committed by policemen and for their role in subsequent cover-ups.

The Hon. Appellate Full-Court ordered the restoration of the victim’s dignity, rights, and privileges, and to compensate him for all his sufferings illegally inflicted upon him. Any civilized Government, more so a member of the United Nations, should have hastened to implement the Judicial directives. Worst still, the debtor, the UAE government deported the Judgment Creditor in the cruellest and diabolical manner, 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 Apex Court of UAE, thus to deny him the fruits of the decrees obtained by him, the deprivation of his liberty, dignity, and property, as such embezzlement of his huge funds, business assets, real estate and other investments in the country.

While the UAE government exercised its fraudulent attitude by flouting the 4 consecutive Judgments of the UAE Judiciary, href="http://www.lawyersindia.com/outsourcing/exhibits_main_2557_case_uae.html">the corrupt and criminal actors of the Union of India outwitted the UAE regime by dragging the most genuine case of an Indian citizen for all these 26 years, despite a total number of 6 Judicial awards from UAE and Indian Courts for securing reliefs.

It is inconceivable that when anti-social elements hatch a conspiracy and attempt virtual destruction of 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 Government 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’, remain a serious case with the highest credibility over any other case in India for the World Court.

In this background, the commencement of a new project by the Lulu Group Chairman, the most accomplished ‘double-dealer’, envisaging a massive Fish Processing Plant in Kochi to export fish products to UAE, is never going to be a boon for Kerala, which will only cause to drain out all its precious catches from the sea, the rights and solemn privileges of Keralites, under a largely camouflaged and manipulated trap which will ultimately destroy the marine life across the region.

Conclusion

Sheikh Mohamed bin Zayed (MbZ), is arguably the world’s only trillionaire today with a fortune estimated at greater than $1.3 trillion. He is spying on US citizens, carrying out high-profile href="https://www.buzzfeednews.com/article/aramroston/mercenaries-assassination-us-yemen-uae-spear-golan-dahlan">assassinations, and playing a lead role in producing the worst humanitarian catastrophe in Yemen, Libya, Egypt, Somalia, and destabilizing a wider region in the Middle East and Africa.

MbZ shaped the U.S. foreign policy and influenced public opinion in favour of UAE interests during the presidency of Donald Trump through his growing legion of lobbyists. “We have created a little Frankenstein, ” Tamara Cofman Wittes, a former US State Department official and fellow at the Brookings Institution told the New York Times, referring to Prince Mohamed bin Zayed.

This Frankenstein, a monster in the shape of a man, strong enough to unleash the biggest threats to humanity, must be destroyed for the safety of people, civil and political rights in the UAE and in the neighbouring regions.

[Article submitted by Jabir P.K., Founder-CEO, M/s. Overseas Indians Legal Cell. ]

EndNote

On behalf of the “Alliance Judgment Recovery“, I, the undersigned, do hereby request to the citizens of India, the United Nations, the European Parliament, the United States, the United Kingdom, and all other Nations, International Organizations and all the people who believe in democratic values and principles to kindly support us wholeheartedly for the success of this challenging task.

Heavy damages and injuries have already been done by the UAE Government in the past hurting and torturing thousands of helpless people.  Let us do our little might to halt similar torture and other human rights violations.  A calm and quiet life for self and family, free from the inhuman or degrading treatment of any kind is the Universal Right of every individual; we need NOT beg for it or sacrifice for the same.  We can win our goal with a collective and concerted effort. Thank you.

Please feel free to contact us if you need any further information. (Email to: info@legalcell.com)

Twitter.Com/JabirOrg

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Last updated: Friday, January 19, 2022

***

Reference Links 

• “Open Letter to Mr Yusuffali M A, Vice-Chairman of Abu Dhabi Chamber of Commerce and Industry (ADCCI)“
• “UAE Golden Visa Marketing & Caveat Emptor, a Latin phrase, that means “Let The Buyer Beware”
• “US$10m Rewards for Help in Leading to the Arrest and Conviction of the Crown Prince of Abu Dhabi, UAE!”
• “25th Year of Abu Dhabi Police-looting: Govt Keen On Making New Laws For UAE But Brutally Denied Justice To Victim Who Is A Real Judgment Creditor!
• “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 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 the 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 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!
• The chapter on BCCI’s early history describes in detail the early history of Abu Dhabi and its fraudulent activities!

Link To Articles
Legal Instruments & References

The Multi-Billion Dollars Judgment Portfolios of UAE, are now on sale. As a lawful owner of the Judicial Awards of the top Court of United Arab Emirates [UAE], the Decree-holder has the right to offer his Judgment for sale and make efforts to legally enforce and recover his rights from the debtors specified in the Judgments.

‘26th Year of Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration!’
Be the next person to support @JabirVsUAE for the Enforcement of UAE Judgments, Indian Judgments by becoming a Shareholder today.

“Open Letters to the UAE Administration
‘Open Letters’

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)

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.

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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

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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.

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

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‘Mohammed bin Zayed, Crown Prince and de facto ruler of the UAE Federation, visits Trump in Washington on May 15, 2017 ahead of US president’s trip to Saudi Arabia’

“A SET OF UAE JUDGMENTS WAS UNPAID, REMAINED UNEXECUTED FOR THE LAST 22 YEARS! – BOTH THE GOVERNMENTS, THE GOVERNMENT OF INDIA AND THE U.A.E FEDERATION ARE PLAYING WITH FIRE!”
04 August,2017 New Delhi.  ['Reparation Law, News]

“A SET OF UAE JUDGMENTS WAS UNPAID, REMAINED UNEXECUTED FOR THE LAST 22 YEARS! – BOTH THE GOVERNMENTS, THE GOVERNMENT OF INDIA AND THE U.A.E FEDERATION ARE PLAYING WITH FIRE!”

“UAE paid $10m to settle the U.S. Torture case of its citizen while he was in UAE way back in 1984. The most genuine case of an Indian Investor and Trader in Abu Dhabi, UAE, in 1995, the most heinous and multifarious crimes perpetrated by ‘the de facto head of the UAE Federation, Mohammed bin Zayed Al Nahyan, on UAE soil, stands unsettled even after twenty two years ridiculing the ‘Judgment Creditor’ of the case, and casting shame on both India and UAE”

We should all be ashamed of the government of India’s rotten and unprincipled diplomacy, in spite of the passing of 4 consecutive Judgments from the UAE Courts, including the ‘Landmark Judgment’ from Apex Court of Abu Dhabi in absolute, in favour of an India-born, Abu Dhabi-based investor and trader, as well as two other judgments from the High Court of Delhi, which was moved after approaching the Hon. Supreme Court of India, against the de facto head of the UAE, the Crown Prince Sheikh Mohammed bin Zayed Al Nahyan, who perpetrated, masterminded, and triggered many different kinds of violent crimes against an Indian investor in UAE, including fraud, torture and looting, in order to withdraw a civil lawsuit against his associate, on a building tower contract in 1995.

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 United Arab Emirates. 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 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’.  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 as of now, despite a portfolio of six legal judgments from different Courts in his favour.

‘It would appear that, the big heads in the Ministry of External Affairs, Government of India, is hand in glove with the criminal nexus in the UAE. Why should the Indian authorities stand in the way and resist an Indian citizen seeking redress and enforcement of a set of foreign judgments in Indian Courts?

The transformation of a U.S. Human Rights Lawsuit against Abu Dhabi’s Crown Prince Sheikh Mohammed bin Zayed Al Nahyan to a $10 million settlement is a living example of successful foreign relations among responsible States who value the dignity of its citizens’. Honestly, the Government of India should awake and act now or the next generation will feel ashamed of being born in India!

‘KHALED AL HASSEN V. SHEIKH KHALIFA BIN ZAYED AL NAHYAN’
[District Court, California, United States]

Nearly three decades after the UAE bought the silence of Khaled al-Hassen, a naturalized U.S. citizen, who was allegedly tortured by Mohammed bin Zayed Al Nahyan, crown prince of Abu Dhabi, during the 1980s, according to documents leaked from the hacked email account of Yousef al-Otaiba, the Emirati ambassador to the US, obtained media outlets.

Khaled Hassen secured a $10 million settlement in 2013 roughly 3 years after filing the lawsuit in a U.S. District Court, against the top three members of the UAE’s ruling family. As a condition of his settlement, Hassen is not allowed to speak about the case.

Khalid Hassan’s case against three senior members of the UAE ruling family, Crown Prince of Abu Dhabi Mohammed bin Zayed Al Nahyan, UAE President Khalifa bin Zayed Al Nahyan and retired Brigadier General Saeed Hilal Al-Darmaki, was brought in 2009  before the Federal Court in Los Angeles when Hassan’s lawyers cited the State Department’s telegrams as an evidence of his detention in the UAE, which were published in 2006, that highlight attempts by the US embassy to locate and secure his release.

Khaled Hassen alleged that he was abducted, taken to a secret location, tortured and forced to sign a false confession while working in the United Arab Emirates. The lawsuit seeking civil monetary damages from three members of the royal family in Abu Dhabi, including the Emir, a key U.S. ally in the Middle East.”

After initially denying the charges, the UAE admitted that Hassan was being held by a state security agency under high level government supervision. The attorneys for defendants argued that, litigating plaintiff’s claim in California District would be inefficient and unfair for defendants, who reside in the UAE and hold extremely high governmental positions which require their presence and attention. Therefore, Plaintiff’s claims should be dismissed.

While the judge Dolly Gee, Central District court, warned that the lawsuit may be rejected because the defendants were in the UAE, lawyers argued that the ambassador of the United Arab Emirates was in the US and the judge to accept the case.

Although U.S. Courts normally only hear trials in cases where due process has been exhausted in the country where the crimes were committed, Hassan argued that judiciary in the UAE is run and governed by the same people who tortured him and therefore the trial would not be independent.

During the case the Emirati ambassador to the US was worked behind the scenes to protect members of the ruling family. The president’s name was removed from the case for diplomatic reasons. However, the trial judge would not accept the argument of diplomatic immunity for Crown Prince Mohammed bin Zayed Al Nahyan and General Saeed al-Darmaki.

By May 2013, a $10 million reparation package had been signed secretly for the closure of the case and for details of it not to be made public.  … Read full text ‘Khaled Hassen v. Sheikh Khalifa’

INVEST IN #UAE JUDGMENTS – Earn FIVE TIMES Value Without Losing Your MONEY! https://t.co/QrNuTcgC7W#AJEnglish #Doha #Qatar #AbuDhabi #IDPO pic.twitter.com/o9dckZSFNn

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‘‘P.K. JABIR V. SHEIKH MOHAMMED BIN ZAYED AL NAHYAN’ 

The points raised by the U.S. attorneys for defendants in the torture case, United States, stood a powerful deterrent against his ‘defendants’ in UAE whereas the Indian investor had taken up his case soon after he was attacked, looted and kidnaped, further arbitrarily detained for over a year in different torture chambers in Abu Dhabi, UAE.

All his claims were proved in the legal Courts of Abu Dhabi, United Arab Emirates (UAE). The Hon. Court has  issued investigation orders against the conspirators, the Abu Dhabi police and others. To escape from prosecution in the UAE Courts, the winner, the India-born Investor was fraudulently deported to India by the de facto head of UAE, Mohammed bin Zayed Al Nahyan, kicked off all the Judgments pronounced by the Judiciary, absolutely in favour of the Indian investor. It also questions the integrity of the executive branch and officials of Abu Dhabi, UAE.

The Judgment Creditor, Abu Dhabi-based Indian Investor, contractor and supplier, who has been unable to get justice, lost his entire property, assets and real estate investments; irrecoverable loss of his 3 different business establishments & projects including General Contracting, Electro-Mechanical Est., Building Material Trading etc., worth above US$100 million in 1996, (Ten times the settlement amount won by the U.S. citizen who was tortured by the UAE royals in 1984) brought him in a deplorable health condition for an unduly long period of the past 22 years in spite of the stiff punitive orders slapped by the Supreme Court of that country against the culprits. …Read full text ‘A Fugitive From Law’. 

Last updated on 04th August, 2017

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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

• ‘“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

An Open Appeal to all Indians on the Occasion of the 68th Anniversary of India’s Republic Day 2017!

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!

An Open Appeal to all Indians on the Occasion of the 68th Anniversary of India’s Republic Day 2017!

If We Really Stand For The Independent India, The Values of Democracy and Respect For Human Rights: “Observe The Republic Day of India 2017 As ‘Black Day’, on the following Crystal Clear Reasons:-

Abu Dhabi crown prince, Sheikh Mohammed Bin Zayed Al Nahyan, is invited to be the chief guest of India’s Republic Day 2017. To add fuel to the fire the “UAE Army has also been invited to participate in the Republic Day Parade 2017″ during which the chief guest will be the Crown Prince of Abu Dhabi.

Mohammed Bin Zayed represents the UAE as the de facto ruler of UAE Federation. UAE is attributed to authoritarian regime with blood-stained hands, lacks accountability and total lack of judicial independence. Any one who dares to criticize the regime risk arrest, torture, arbitrary detentions and enforced disappearance.

The Army in question was trained by the notorious company once known as ‘BlackWater’, and recruited foreign mercenaries, originally intended to butcher their citizens who claim for democracy. The UAE is a member of Saudi-led ‘anti-terror’ coalition on which the Pakistani army chief [retired] Gen Raheel Sharif is the head.

The UAE and its army both have proved by meddling its neighbouring countries that the victory of the people against any repressive regime in the Arab world is more dangerous than defeat!

ENFORCEMENT OF LANDMARK UAE JUDGMENTS – ‘JABIR CASE’

Most importantly, there’s no respect for even the Judgments of the Supreme Court of that country. The UAE Federation is the worst wilful defaulter of the 4 consecutive Judgments passed against them by the Courts of Abu Dhabi in the most shocking and gruesome case of an Indian investor’. During the course of hearing the wrong-doers pleaded guilty ‘of their framing a false case against the Indian investor’ to withdraw a civil lawsuit of a building contract.

The Court of First Instance in Abu Dhabi, UAE, had specifically ordered investigation against their corrupt and conniving officials who looted money and valuables from the office of Indian investor. The Full Bench of the Apex Court unanimously upheld the findings, precisely in line with the Lower Courts’ Judgments.

The UAE Federation did not comply with the Judicial directives of the Courts of Abu Dhabi. Instead, the Federation deliberately and maliciously deported him, the ‘Judgment Creditor’, from the UAE, denying him access even to his business assets spread over three establishments in Abu Dhabi, UAE, were worth One Hundred Million US Dollars in 1995.

This resulted his character assassination, leaving him in a whirl-pool of unimaginable mental trauma and thus the UAE Federation is accountable for its violation of Judicial decisions at first place.

His claims against UAE were recognized by both the Supreme Court and the High Court of Delhi and ordered the Government of India to settle the case in two months, way back in 1997! All that is pending is the ‘execution of those Judgements, solely due to the inhuman approach of the concerned authorities representing both India and UAE.

A vicarious liability exists under general law. The violation of a specific directive of a Court of Law, renders the Abu Dhabi, UAE Federation, as a ‘Wilful Defaulter’, liable for the compensation due to the Petitioner, the ‘Judgment Creditor’.

Under the above grave backgrounds, the Abu Dhabi crown prince cannot be made in a list of the distinguished chief guests of India’s Republic Day Celebrations. The Republic Day of India commemorates the date January 26, 1950, on which the Constitution of India came into force.

Indians celebrated Republic Day all these years to strengthen the dynamics of a democratic values and to honour India’s great men and women who had sacrificed all the way. We were quite fair so far, when we had distinguished personalities like Obama, Hollande etc., as our Chief Guests on our Republic Day ceremonies in the past.

The ‘Judgment Creditor’ is therefore soliciting your wholehearted support in his unique case to get Justice, in a portfolio of Landmark Judgments passed in absolute in his favour, by the highest Judiciary of Abu Dhabi and subsequent Judgments from Delhi High Court in the case, the benefits of which have been denied to him arbitrarily and inhumanly over an unduly long period of two decades, defeating all his relentless fight.

The ‘Judgment Creditor’ wishes to observe India’s Republic Day 2017 as a Black Day, in Protest Against the Non-enforcement of Legal Judgments” by both the Governments, the Government of UAE and the Government of India!

He requests all Indians to join him in his protest against the decision of the Government of India with all supports to him.

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Link To Articles

• 1) Multi Billion Dollar UAE Judgments’ For Sale’
• 2) ‘Judgment Creditor Booklet to Enforce UAE Judgments’
• 3) “Marking the 20th Anniversary of the Abu Dhabi Police-Looting”
• 4) Unique is the Case of ‘Judgment Creditor’ – “The White Paper“
• 5) “The Worst Cheating Scandal of Abu Dhabi, United Arab Emirates”
• 6) Real-life ‘Judgment Fraud’ by the UAE Administration Uncovered!
• 7) Khobragade Scandal sheds new light on India’s ‘Rotten Diplomacy’!
• 8) Truth and Justice are being nakedly sacrificed for “UAE Reputation”
• 9) The legacy of torture in the UAE; you may have never heard of!
• 10) India’s “National Shame”, the Ministry of External Affairs (MEA)!
• 11) Representation to Government of India for ‘Indo-Gulf Reparation Mechanisms’
• 12) Representation – Years of Human Rights Abuses in the GCC Member States!
• 13) Serious Breaches of Obligations Under Peremptory Norms of the UAE Law!
• 14) Representation to Government of India on ‘India-UAE Extradition Treaty 1997′!
• 15) First Human Rights Learning Centre in the History of United Arab Emirates (UAE)
• 16) Reparation Law
• 17) Publications
• 18) Archives

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[Cartoon: Ahmed Abdulla Abdul Khadir, a policeman from Abu Dhabi Police in plain clothes, is seen here, amidst the shameful looting operation”]

“Marking the 20th Anniversary of the ‘Abu Dhabi Police-Looting’ in Abu Dhabi, United Arab Emirates”
Abu Dhabi: Shop burgled by a policeman in plain clothes, US$ .4m worth money and valuables looted!

Statement on the occasion of the 20th Anniversary of Abu Dhabi Police-Looting in Abu Dhabi, UAE 1995 – 2015
New Delhi 15 August, 2015: ‘Reparation Law’ ‘Download the true story of ‘Abu Dhabi Police-Looting in Abu Dhabi’ in PDF (Size: 415 kb)’
[Cartoon: Ahmed Abdulla Abdul Khadir, a policeman from Abu Dhabi Police in plain clothes, is seen here, amidst the shameful looting operation". - The Apex Court of Abu Dhabi Case N0.188/1996 Also view his 'companion Emirati landlord', published in another Journal.]

Ever heard of a victim marking and celebrating the 20th anniversary of the gravest disaster in his life? It’s the tragic drama of the ‘Judgment Creditor’, in real life. He is not celebrating it with cheers, but with agonizing memories of the nightmare of the disaster which shattered all his fortunes and pushed him to a state of complete derailment of his enviable physical, mental, financial and social well-being; and made him to live a lost life for all the years that followed.

Regrettably, the credit goes to ‘the Executive Branch of Abu Dhabi’, who set ablaze the destruction, by issuing an extremely “Fraudulent Misrepresentation” to deport the ‘Judgment Creditor’ from that country. Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false; allows for a remedy of damages and rescission. Had the judicious judgment of the Apex Court of Abu Dhabi in absolute terms in favour of the Judgment Creditor been executed in time, his agonies could have been abated two decades back!.

The apparent inaction by ‘the Government of India’, despite the specific directives and orders of the Delhi High Court, and the serious failures and inadequacies to comply with statutory obligations on the part of ‘the Ministry of External Affairs (MEA)’ has also to be blamed in this regard.

The victim, the ‘Judgment Creditor’ was an investor in Abu Dhabi, his ‘Business Assets’, contracting and trading firms, stood valued at a minimum of One Hundred Million U.S. Dollars when the dreadful tragedy took place at the prime of his life. The ‘Judgment Creditor’ is forced to mark this twentieth anniversary of ‘Looting and Extortion’ by the Abu Dhabi police, in Abu Dhabi, United Arab Emirates (UAE), due to the Non-execution of the country’s ‘Landmark Judgments’.

Read the shocking story of police looting, the bizarre twist in the case of police extortion in Abu Dhabi, United Arab Emirates (U.A.E)

“Shop burgled by Abu Dhabi police in plain clothes, US$ .4m worth money and valuables looted” – a real-life story:
Abu Dhabi, UAE; Thursday 26th October, 1995

The expatriates being robbed of their wealth and valuables and exploited by local people pretending to be cops is not at all sensational news in the UAE. But in this true incident under report which took place on Thursday, 26th October, 1995 the policeman who played the lead role in looting was ‘a real police officer who was working in Abu Dhabi police department’.

The victim, in the incident was a high earning engineering expert and investor, deeply committed to his profession with his three major business establishments including ‘Engineering, Contracting and Trading’ in Abu Dhabi, UAE.

A brief background of the story
On behalf of his principal company, the ‘Premier General Contracting Establishment’, the contractor had signed a business contract with an Emirati, ‘Mr Hassan Saeed Hassan’, covering a Nine Storied Building proposed to be leased out for a sum of 10,80,000.00 UAE Dirhams (AED 1.08million) Per Annum.

When a dispute arose with Mr Hassan Saeed, the contractor, on the basis of legal advice, instituted a Civil Suit in Abu Dhabi Court for settling the issue. The ill-intention of the local was that, he wanted to cancel the lease deed when the restoration of entire building was over. The conspiracy on the part of Hassan Saeed, to avoid paying debts was one of the important and thrusting points in the civil suit.

The Honourable Judge of the Civil Court took a decision in favour of the contractor. Consequently, Hassan Saeed got annoyed and insisted the contractor to withdraw the lawsuit unilaterally.

Scene 1.
Ahmed Abdulla Abdul Khadir, a policeman in plain clothes from Abu Dhabi police (who haven’t been disclosed his identity), along with Hassan Saeed Hassan (the Emirati, accused in the civil case, who has already been warned by the Civil Court against his wrongful motives) came to the contractor’s office.

The policeman in plain clothes, who had come prepared and was shouting and rotating an iron rod of one meter length in one hand; and on the other, a chained handcuff. Hassan Saeed was walking close to him. They have entered the first floor of the office where the contractor was alone at the time.

The policeman enquired about the original documents of the building contract and job orders between Hassan Saeed and the contractor which the contractor refused to disclose.

Scene 2.
The contractor was threatened with dire consequences unless he withdrew the lawsuit. The contractor was not willing to yield to such illegal and unjust demand, which amounted to extortion.

There upon, the contractor was subjected to the most inhuman treatment with painful physical injuries and otherwise.

They wanted to grab and destroy the related documents of the contract from him by force because an ‘Interim Order’ of the Court was against Hassan Saeed. In this attempt, the entire office was ransacked, drawers opened, files thrown.

The telephone connection in the office was snapped. The policeman in civil dress beat the contractor harshly with a chained handcuff; the chain was rounded on victim’s neck and pulled around. He paid no heed to the humble requests of the victim.

The policeman forcefully broke open the office locker with the heavy iron rod in his hand. At this juncture, some of the cash, worth above AED 3,50,000 which was kept for the distribution of wages for employees was found by them.

Scene 3.
So much of money! The policeman’s eyes bulged out in wonder. He looked at his Emirati friend as if he never expected there’s such a large amount of money. The currency blurred their eyes. All in a hurry, both of them grabbed the bunches of currency, and hurriedly stuffed into their pockets. In their hurry and perplexity, part of the currencies spilled over the floor of the cabin.

In the meantime, the contractor’s younger brother arrived at the office with lunch. As he arrived the contractor asked him “to close the door and call the police”. The policeman in plain clothes managed to get out of the office with the stolen money and bundled documents.

The Emirati too tried to escape from the office of the contractor, with his hands and pockets full, protruding with the stolen money and valuables; however, he was unable to leave.

Scene 4.
The Policeman in civil dress was standing outside the office which remained closed. A crowd had gathered around the office. He was holding an iron rod of one meter length in his hand with which he was hitting the door of the office and warning any one from coming near the office and was shouting Indian, Pakistani, Bangali all are thieves and procurers.

At this point of time police patrol team arrived at the spot. They were, in fact, allies of the intruders. This batch of policemen who came responding to the alert of the contractor, immediately hit the contractor and his brother. Their faces had reflections of triumph and cruelty. They were like ferocious animals, beaten both the victims brutally, almost near to death. Then they handcuffed them behind their backs and dragged them out of the office, on through the street, and kicked them into the police car. All these brutal torture and humiliations were happening in front of a large crowd.

The frightening deadly torture continued with shocking brutality throughout the journey as well as in a detention centre and subsequently getting admitted as an unconscious victim to the hospital emergency, Abu Dhabi.

Scene 5. (UAE Torture)
Here is a narration of the haunting memories and the cruel and inhuman torture suffered by the victim, in his own painful words:

“There were four persons present (in plain clothes) when they tortured me in an underground detention centre. I was forced to lay down on the floor by them. My face was close to the floor and my hands still cuffed behind my back. They took out their Arabic turban and rolled it on my entire head and left me to suffocate; then started hitting and kicking on my head with their legs. And then they tried to pull-out my injured finger nails with a plier type nail clipper. Due to this cruel and painful torture, my finger nail were entirely torn apart”. (Full Text: UAE Police Torture’)

[The above narration is not exhaustive but only a pointer to untold miseries, losses, sufferings; the haunting memories of the ‘cruel and inhuman torture’ and social humiliation suffered by the victim; the ‘Judgment Creditor’. He had to undergo extremes of inhuman and deadly tortures from Abu Dhabi Police which no human being could withstand. However, he was spared from death. For more details and updates, please visit the website URL: www.JudgmentCreditor.com/]

Judgments & Orders:

The Legal Court of First Instance of Abu Dhabi :-
It took six months thereafter, for the contractor to have his first appearance in Court. The ‘Duty and Responsibility’ of the authority to protect a Judgment Creditor against the threats of violence was left unattended. The victim was framed a false case, alleging “Using force against Government employee and assault”.

The Legal Court of First Instance of Abu Dhabi found that the victim was innocent, the case (NO. 152/1996) was wholly false, baseless and that it was fabricated by both the plaintiffs, Hassan Saeed Hassan and Ahmed Abdulla Abdul Khadir, the policeman. The Court found that, the Prosecutor was guilty of proceeding against the contractor, who in fact, was a victim of police brutality. The Court acquitted the contractor [and his brother as well] of all the charges levelled against them and directed the authorities to investigate the violent crimes committed by the Policemen and the Landlord such as trespassing, physical aggression, looting etc. (Judgment First Instance 152/1996 dated 10/4/1996)

[The 'Judgment of the Legal Court of First Instance' has never been executed or investigated; instead the authorities were trying their best to hide the shameful act of the police. The prosecution taken-up the case to the Apex Court, the Supreme Court of Abu Dhabi, UAE].

The Apex Court of Abu Dhabi:-
The case came up before the Apex Court, comprising the three-judge panel. The prosecution found to be grossly negligent and blamed for its criminal involvement in the case. The contractor was granted bail on the filing of the appeal. However, despite the bail and sureties he was not released from the prison.

During the next hearing, the Policeman dropped his claim from his complaint with a declaration attested by the Notary Public. The landlord, Hassan Saeed followed the suit and admitted his guiltiness. The judges threw out all those papers and had cautioned them of the serious nature of their crime which calls for long term of imprisonment apart from financial penalties and confiscations.

“The Court praised the properness of the behaviour and courage of the victim and concluded that the victim is innocent; rather ‘a martyr. The appellate review highlighted the culpability of the policeman and emphasized the notoriety of his actions and violations of person’s rights. “It further reiterated the condemnation of prosecutor”. The Court ordered immediate release of the victim, ‘restoration’ of victim’s dignity, respect and reminded about the roles and responsibilities of authority towards the victim for reparation for the losses he suffered while pronouncing a ‘Landmark Judgment’.

An excerpt from the 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).

“THE ‘LANDMARK JUDGMENTS’ IN THE HISTORY OF UAE”
Having due respect, inspiring loyalty and commitment to Law, the Judiciary of Abu Dhabi, listened to, conducted and decided upon the case precisely in tune with the various provisions prevailing in that country. Download the Judgment:- (PDF Format)

VISIT ARCHIVES:-
Archive – Judgments and documents relating to ‘Jabir Case’

“FRAUDULENT MISREPRESENTATION” – A DIRTY GAME OF THE ‘WILFUL DEFAULTERS’, THE EXECUTIVE BRANCH OF ABU DHABI, UAE!
Instead of honouring the Judgments of the Legal Court of First Instance and the Apex Court, the Supreme Court of Abu Dhabi, and restoring the dignity and respect of the victim as directed therein, ‘the UAE Administration’ chose to deport the victim with “Fraudulent Misrepresentation” of truthful facts, by repeating the same false charge, that a tricky policeman had framed against the Judgment Creditor to blackmail him, (which had been dismissed later on finding it to be false by both the Courts of that country). By quoting the very same false charge to deport the Judgment Creditor (who was also a victim of police brutality), the Executive Branch of Abu Dhabi has not only tarnished the image of UAE in indelible ink; but also made a mockery of the entire Judiciary of that country.

THE SCENARIO BACK HOME, IN INDIA
And back in India, what action was taken by the Government of India?
“Nothing, except a cruel and deliberate betrayal over the past two decades”.

In India, the ‘Legal fight for Justice’ took in very many proceedings before the Supreme Court of India and the High Court of Delhi. Unfortunately, India has not made any diplomatic efforts or given any respect to the orders of Delhi High Court in 1997 and 2007.

The concurring Judgments against Abu Dhabi police from the Highest Courts of Abu Dhabi, United Arab Emirates and the ‘Concealment of the Judicial Decisions’ by that country, and to deport a Judgment Creditor, were un-challengeable F.I.R. against the Executive Branch of Abu Dhabi, who was duty-bound to compensate the victim in every respect for his physical and mental injury, illegal imprisonment and ill-health due to the near-to-death torture by policemen. In contrast there to, the illegal deportation resulted in the absolute loss of his various Business Establishments and he was forced to live a lost life for all the years that followed.

AWAIT RELEASE!
“25 Smart Reasons to take the ‘UAE Judgment Execution Case’ to the International Court of Justice (ICJ)
The Government of India is duty bound to take all necessary measures to enforce the Judgments passed by the Supreme Court of Abu Dhabi, including approaching the International Court of Justice (ICJ) for the settlement of this unique and the most barbaric action perpetrated by the head of a civilized nation, Abu Dhabi, United Arab Emirates, that caused ‘Multi-billion Dollars’ worth of damages to the Judgment Creditor’s business establishments. The ‘Laws Governing the International Community’ do require compliance by the Executive Government, in full measure, with the verdict of the Judiciary; this requirement of law was breached by the UAE Government. (‘Publications’)

Last updated 15th August, 2015.

RERERENCE LINKS:-

• 1) Unique is the case of ‘Judgment Creditor’ – White Paper
• 2) The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)
• 3) Real-life Judgment Fraud by the UAE Administration Uncovered!
• 4) Truth and Justice are being nakedly sacrificed for UAE’s Reputation
• 5) ‘Indo-Gulf Reparation Mechanisms’ – Responses, Govt of India
• 6) A Portfolio of UAE Judgments For Sale!
• 7) Articles on Diplomatic Protection 2006
• 8) The International Law
• 9) The Wilful Defaulters!
• 10) Reparation Law
• 11) Publications
• 12) Archives

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The Wanton Deployment of Secret Mercenary Armies

The Wanton Deployment of Secret Mercenary Armies
Jabir P July 10, 2014 Reparation Law News Service, New Delhi

In Afghanistan and Iraq, the U.S.-led private security contractors have been linked to anti coalition activities, murder, bribery, and kidnapping. This pattern has now been actively introduced into already volatile regions, like East Ukraine and the Middle Eastern nations.

Russia is calling on the United States to take steps to curb involvement of foreign mercenaries in the ongoing military operation in Ukraine. Engaging mercenaries is totally in violation of the rules and regulations contained in the UN Convention of the Recruitment, Use, Financing and Training of Mercenaries.

U.S. mercenaries, formerly known as Blackwater, are reportedly taking part in Ukraine’s military operations against the people fighting for their rights in south-eastern regions of Ukraine.

The U.S. State Department officials say the allegations that there are ‘U.S mercenaries’ operating in Ukraine are false.”

Blackwater is a private military contracting firm founded by former Navy SEAL Erik Prince in 1997. Blackwater mercenaries were made infamous during the invasion of Iraq for their frequent and unprovoked killings of dozens of innocent civilians. It includes the massacre of 17 civilians in Iraq by Blackwater employees, the FBI found. “I put myself and my company at the C.I.A.’s disposal for some very risky missions” says Erik Prince, the former CEO of Blackwater Worldwide.

Late last year, Prince published a book, Civilian Warriors. ‘The Inside Story of Blackwater and the Unsung Heroes of the War on Terror’. Mr. Prince writes that his company has been demonized around the world, because of the secrecy requirements of Blackwater’s contracts with the Pentagon, the State Department, and the CIA, Prince was unable to speak out; he is bound under the terms of his non-disclosure agreement with the U.S. agencies’.

Erik Prince sold his Corporation’s US-based 7,000-acre training facility in Moyock, North Carolina in 2010 to a group of investors close to his family, which is now known as ‘Academi’. Prince retained all rights to the Blackwater name as well as the control of numerous companies that once operated under the umbrella of Blackwater.

Erik Prince is now resettled in Abu Dhabi, the capital of United Arab Emirates with his so-called mercenary army grouped under Reflex Responses, known as R2, alongside the UAE Armed Force, Zayed Military City of Abu Dhabi.

Last year, the Colombia’s defense ministry was alarmed about an exodus of top soldiers to the UAE to join a highly paid American-led mercenary force organized by Erik Prince, for his security company Blackwater (rebranded “Xe”). Prince’s mercenary forces in the UAE, is made up largely of Colombian soldiers, who have acquired this capability and skill through training they have received from the Israeli, US and British experts.

Erik Prince was hired by Sheikh Mohammed bin Zayed, the crown prince of Abu Dhabi, to deliver an 800-strong first test battalion for the UAE. The $529m initial deal between Mr Prince and the Crown Prince is slated to run through May 2015. Sheikh Mohammed bin Zayed Al Nahyan, who is the immediate ruler of the United Arab Emirates.

While the actual assignment given to Mr. Prince, the founder of a controversial security company Blackwater was to silence the pro-democratic activists inside and outside the country, the UAE took a stand that they were brought only to impart training for a Special Security Group.

UAE is a federation of seven Emirates situated on the Arabian Peninsula, is attributed to authoritarian regime and most powerful among them being Emirate of Abu Dhabi, holding 9% of the world’s oil reserves and 5% of the world’s gas reserves. Abu Dhabi is the capital of the United Arab Emirates (UAE).

The late Sheikh Zayed, installed in August 1966 as head of the oil-rich Abu Dhabi, through a British-led coup against his brother, Sheikh Shakhbut (Ruled:1928-66). Zayed was in power until his death in Nov. 2, 2004. Sheikh Khalifa, the eldest son of Sheikh Zayed, succeeded him to the leadership of Abu Dhabi and UAE.

The ruling regime of UAE is notorious for its Human Rights records. It restricts people’s freedom and controls them by arbitrary arrests, torture, enforced disappearances and killings. The regime is continued to suppress the press by imposing tough laws in the Emirates, set up massive funds, men and machinery to crush down all democratic aspirations across the Arab world. This is done out of their fear that the struggles for democracy may, in turn, take over their regime as well. Hundreds of innocents are being killed in the process in neighbouring countries such as Bahrain and Egypt.

According to ‘Global Research Centre’ the force is aimed at suppressing the people’s struggles in the Gulf countries, with interventions similar to those in Bahrain. It was reported that, once the efficiency of the battalion has been tested, Abu Dhabi will fund worth billions of dollars for a whole brigade of several thousand mercenaries. Sheikh Mohammed bin Zayed is a trusted Pentagon associate. He also supports military intervention directed against Iran. The crown prince and his friend Erick Prince, however, are the executors of the project, which was decided in Washington. Its purpose was revealed in documents quoted by the New York Times.

Mercenaries are mostly former military personnel or ex-policemen who kill people just for money. By taking recourse to the formation of a brutal private mercenary army, the Crown Prince of Abu Dhabi has demonstrated his intention to resist civil uprisings with violent repression. Blackwater has been involved since the first days of the occupation in Iraq and had 30 plus casualties including in a high-profile incident in Fallujah. By organizing a private hard-core mercenary army to crush their own people, UAE has violated all norms of Human Rights and undermined the international humanitarian law and the Geneva Conventions.

The 1989 U.N. Convention represents an endeavour by the international community to outlaw mercenarism in all its manifestations and consists of 21 articles. According to Article 5 of the Convention, States Parties shall not recruit, use, finance or train mercenaries for the purpose of opposing the legitimate exercise of the inalienable right of peoples to self-determination, as recognized by international law, and shall take, in conformity with international law, the appropriate measures to prevent the recruitment, use, financing or training of mercenaries for that purpose. (Ref.2)

Threats posed by Mercenaries

“Mercenaries pose a threat not only to security, but also to human rights and potentially to the right of peoples to self-determination,” said Faiza Patel, who chaired the study. The study said mercenaries were used in the past to fight in wars between countries but recently the Governments had used mercenaries against their own populations. It said private military and security companies receive between $20 billion and $100 billion per year. (Ref.3)

Responding to complaints and questionnaire sent by Ms. Faiza Patel, Chair-Rapporteur of the U.N. Working Group, who has been studying the issues of private military and security companies, in regards with the laws regulating the activities of recruits or engaging mercenaries in the country, the UAE replied in a dishonest and fraudulent manner that no mercenary group is working in the UAE as a means of violating human rights. The foreign security companies operating in the UAE are under the supervision of the UAE Ministry of Interior, further that their scope of work is limited to “preventive security protection’. License granted to these security companies do not grant them powers of judicial control and their personnel are prohibited from acquiring or carrying any fire arms in accordance to Article 10, 12 and 16 of Federal Decree 37 of year 2006 concerning private companies and their executive regulations”. (Ref.4)

“Blackwater is the modern version of mercenaries that have been used by corrupt governments and regimes throughout history,” American investigative journalist Alex Jones said during an interview with Press TV’s US Desk. According to Jones, Blackwater, which represents the “21st century death squad,” carries out any mission it is paid to do.

The former employees of Blackwater said that in recruiting the Colombians and others from halfway around the world, subordinates were following his strict rule: hire no Muslims. Muslim soldiers, Mr. Prince warned, could not be counted on to kill fellow Muslims. For him, there is no legal accountability and no internationally accepted criteria as they will operate outside any known jurisdictions and most probably in stealth. Prince’s latest venture in the UAE has the hallmarks of government-sponsored military anarchy.

The executed contract between the Blackwater, American-led mercenaries and the UAE authority is available below for reference. “Copy of Mercenary Contract between the GHQ Armed Forces of the United Arab Emirates (UAE) and the Blackwater, now called Xe Services [Reflex Responses Management Consultancy or R2 ] of Abu Dhabi for June 2010 to May 2015” (The contract is renewable in 2015) (Ref.5)

As against these crude facts and verifiable truth, the denial of the UAE about presence of any mercenary group reflects and reinforces its Human Rights Violations, cruelties and the tendency of cheating its own people, renowned experts, academic institutions and the UN commissions as a whole. This is an alarming and disgraceful situation to every one!

The Luanda Draft Convention again stressed the responsibility of individual states to prevent their nationals from taking part in mercenary activities, as well as those individual persons defined as mercenaries. State responsibility, as such, is conveyed in Article 319 that makes government officials who undertake to employ, aid, or recruit mercenaries liable for criminal prosecution. Thus, failure by a State to carry out the prosecution of officials who had undertaken such activities would, argues Taulbee, ‘create international responsibility on the part of the offending State’. (Ref.6)

Appendage

“Live by the Sword, Die by the Sword’ is an old saying. It means those who take the sword, shall perish by the sword. Read below what others say about:
“Prince could one day turn on his employers, shoot up their palaces, and stand astride their glittering towers as lord of all he surveys. And a South African mercenary with a pencil moustache could run the Emirati justice ministry, conjuring up memories of a regime we assumed was long dead. Stranger things have happened. One hopes, for the al-Nayhan’s sake, they have a good contract in place, and a new New Model Army to counter their New Model Army. Erik Prince might turn out to be their most dangerous high-end acquisition”. DM

About the Author

The author, Mr. Jabir, an Indian businessman and investor, who was closely associated with the Private Department of Shaikh Zayed Bin Sultan Al-Nahyan, the then Emir of Abu Dhabi and also the President of United Arab Emirates. In November, 1996, Jabir became the Whistleblower, taken efforts to improve the regime’s brutal prison conditions by exposing the cruel, inhuman and degrading treatment prevailing in the Emirate of Abu Dhabi, UAE. …More about the Author

Photograph: “Academi Security Services”
First Published: CNN iReport

Research & Reference Links:

• 1) Colombia worries as troops join Arab mercenary force
• 2) International Convention against the Recruitment, Use, Financing and Training of Mercenaries – 44/34 The General Assembly
• 3) UN Expert Reports ‘Alarming Resurgence’ in Use of Mercenaries to Violate Human Rights, Often in New, Novel Ways, in Statement to Third Committee
• 4) ‘No mercenary group is working in the UAE’ – Reply by the ‘Permanent Mission of the United Arab Emirates to the United Nations New York’ under Ref: 2012/991
• 5) “Copy of Mercenary Contract between the GHQ Armed Forces of the United Arab Emirates (UAE) and the Blackwater, now called Xe Services [Reflex Responses Management Consultancy or R2 of Abu Dhabi, UAE] for June 2010 to May 2015. Size 6.05MB PDF”
• 6) Taulbee J., (1985) ‘Myths, Mercenaries and Contemporary International Law’, California Western International Law Journal Vol. 15, No. 2, p. 339-363.
• 7) Top 18 Secret Mercenary Armies of the CIA
  

UAE’s State-sponsored Terrorism & Funding for Coup in the Middle East

• 1) UAE’s Military Expenditure Database – SIPRI
• 2) Abu Dhabi’s Mubadala eyes bigger regional military supply chain role
• 3) UAE, Egypt plotting coup in Libya, say revolutionaries
• 4) UAE Funding Former Dictator’s Son for Coup in Yemen
• 5) UAE Spending Billions of Dollars to Topple Tunisia’s Marzouki
• 6) UAE Behind Egypt’s Coup
• 7) Evil prospers when good men do nothing
• 8) What, man, defy the devil: Save mankind from dictators!

Reports on ‘Human Rights in the UAE’

• 1) Real-life Judgment Fraud by the UAE Administration Uncovered!
• 2) UN expert calls for probe of ‘torture’ in UAE prisons
• 3) Solidarity with UAE lawyers
• 4) Human Rights Watch World Report 2014: United Arab Emirates
• ‘5) UAE: Human Rights Watch Official Refused Entry’
• 6) Truth and Justice are being nakedly sacrificed for UAE’s Reputation
• 7) The legacy of torture in the UAE; you may have never heard of!
• 8) A Gift with Lots of Baggage – Sarah Leah Whitson, Human Rights Watch
• 9) The Moral Greatness of UAE is not admirable, and praised when they are not praiseworthy!
• 10) Learn about corrupt practices in UAE
  

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