Main Case: REG. No 2557 UAE/LAWYERSINDIA                                                                          

ENFORCEMENT OF UAE JUDGMENTS: TRANSNATIONAL LITIGATION AND ARBITRATION

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The petitioner, who is a UAE torture survivor of inside the regime’s brutal prison in Abu Dhabi, United Arab Emirates and most importantly a total SIX times of ‘Judgment Creditor’ from the Legal Courts of Abu Dhabi, UAE, and India, still frustrated in the course of enforcing his judgments. He is now aimed to take his case to the next level of Courts, the "International Court of Justice and Arbitral Tribunals".

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STATEMENT ON THE OCCASION OF THE 25TH YEAR OF GANG-ROBBERY, KIDNAPPING
AND BRUTAL TORTURE BY ABU DHABI POLICE!


"4 UAE Judgments and 2 Indian Judgments in favour of an Indian origin, UAE Investor, apart from embezzlement of his property and assets worth above $100m US dollars by the UAE administration. 25 years have elapsed and still unsettled". ...
" Chase The Trails Of 25-Year ‘UAE Fugitive" MEA

The Updates of Case Exhibits of Mr. Jabir, the 'Judgment Creditor', dated 08 July, 2020

"100s of communications between the Judgment Creditor and the most irresponsible, deceitful Indian politicians
and diplomats, now available to the public"
MEA

AN INTRODUCTION - JABIR'S CASE:-

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

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

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

The Criminal Court expressed its shock while noticing that a victim who sought for police help from trespassers was deliberately beaten and detained! The Hon. Court anxiously listened to the evidences of eyewitnesses from different nationalities.

A Pakistani witness who said that the policeman was holding an iron bar of one meter length in his hand, threatening anyone who came near the office premises of the Indian citizen and was shouting “Indian, Pakistani and Bengali all are thieves and procurers”.

A full bench of the Supreme Court heard the case and ruled that, there is not a shred of evidence which can prove the accusation. On the contrary there was ample evidence that it was the policemen who are criminals! The ‘Decree Holder’ became the winner again, secured 4 consecutive Judgments in UAE against his perpetrators.

An excerpt of Apex Judgment it reads “All the evidence indicates to the appropriateness of the behaviour of Indian citizen”. The Hon. Appellate Full-Court ordered the restoration of the victim’s dignity, rights and privileges, and to compensate him for all his losses.

Customarily, in UAE, a debtor will be jailed until they have paid their debt. But the debtor in this ‘Landmark Judgment’ is the Government of UAE, and any civilized Government, more so a Member of United Nations, should have hastened to implement the Judicial directives. To avoid honoring its moral obligations and assigned responsibilities, the UAE Administration served an arrogant, despotic order of deportation, against the Judgment Creditor.

The illegal deportation of an established investor from the country that caused a situation associated with great pain, loss of dignity, loss of his entire business institutions etc. Flouting the orders of a judicial body is totally destructive of the Rules of Law and Norms internationally upheld for safeguarding ‘Human Rights’; defrauding the Judgment Creditor is a personal and vindictive action and thus the Executive of the State was committed the most heinous, bizarre, and unspeakable crime.

INDIA UAE DIPLOMACY - JUSTICE ON TRIAL:-

Back in India, the ‘legal fight’ for the enforcement of Judgments’ took in very many proceedings before the Supreme Court of India and the High Court of Delhi.

The Delhi High Court which had envisaged action on the part of the Government of India, on the issues involved in the Writ Petition No. 6149 of 1998 [Judgment, Delhi High Court - 1998].

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

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

The Union of India is Doing an Unpardonable Mistake of Dragging the Case for a Long Period of 26 Years to Date, Despite a Portfolio of Six Legal Judgments, from UAE and Indian Courts, Apart from ‘Contempt of Courts’ and Unlawful Tactics.

In a letter dated 29-04-2018 the Union of India asked the Petitioner as to what action shall be taken to resolve the case! [The Authentic Reply to the Union of India, dated 12-05-2018'].

'INDO-GULF REPARATION MECHANISMS’

“The establishments of institutional arrangements for the welfare of ‘Overseas Indian Community’, as highlighted by the Government of India, are intentionally deceptive, untruthful and purport to demonstrate that there are procedural remedies or tactics.

Serious failures and inadequacies to comply with statutory or regulatory obligations on the part of both the Ministries, the Ministry of External Affairs (MEA) & the ‘Ministry of Overseas Indian Affairs’ (MOIA) now stand proved by the subsequent communications received by the petitioner from the Ministry of External Affairs, Government of India”. 'TIMELINE HIGHLIGHTING SUBMISSIONS & RESPONSES'

In this context the observation of Hillary Clinton on strength and money as essentials linked with Human Rights could be usefully extracted. They read:“Strength, Money, and Knowledge – we cannot do anything without them”.

Reminder to the Government of India [MEA], dated July 16, 2014

The Government of India is duty bound to safeguard the interests of its citizen who was victimized by Abu Dhabi, UAE, the receiving state. These actions and omissions on the part of the Government is contrary to the ‘Vienna Convention on Consular Relations (VCCR) 1963’ particularly Article 5, enforced from 19-3-1967. Download full text: "Reminder to the Ministry of External Affairs, dated July 16, 2014" MEA

Many institutions, persons who had occasion to look into the petitioner's grievances had written to the Ministry. The letters are available herewith for ready reference. (View Some of the Responses from Authorities and personalities in the matter of Mr. Jabir) ; View Responses to a whistleblowing platform (uaeprison.com): Responses from viewers.

(Last updated: 10th Dec, 2020)


 
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