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 THREE times of ‘Judgment Creditor’ from the
Legal Courts of Abu Dhabi, and 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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PORTFOLIO OF UAE JUDGMENTS FOR SALE!?
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"
AN INTRODUCTION - JABIR'S CASE:-
This is yet another case of violation of basic principles, about the UAE and its executives totally replacing judicial declaration. The well-cherished segregation of powers between Judiciary and Executive is subverted in the process. The 17 years old sufferings of Mr. Jabir will be unfolded in the papers which form the accompaniments.
Jabir, an Indian businessman was subjected to the most horrific torture and humiliation by UAE (Abu Dhabi) police who outperformed their terrible masters. Jabir spent longer days and weeks at what they called underground torture chambers in Asma police station and almost a year at Al Wathba central prison in Abu Dhabi.
It was the most drastic forms of traumatic experience in his life. Jabir was residing in Abu Dhabi over 18 years and owned several establishments of which could be estimated at about 100 million US Dollars. He was framed under false criminal charges of ‘Assaulting Policemen and UAE National’.
The Court listened to the evidences of eye-witnesses from different nationalities who did not care the threat of local police and public prosecution and dared to explain the facts, were unusual occurrences in UAE. Finally, his innocence was proved and both the Trial Court and Supreme Court of that country acquitted Jabir of all the charges leveled against him further, the court ordered an enquiry about the brutual conduct of UAE police.
In the wake of the concurrent judicial findings of the Court, all the assets illegally taken away should have been restored to the victim; he should have been restored to his former status and position and adequately compensated for the mental agony and suffering and pecuniary losses suffered by him.
Unfortunately, the police officials acted in total defiance of the findings and sentiments expressed by the judicial establishments of the country. On 28-9-1996, they resorted to the high handed action of deporting Jabir back to India in total negation of principles of law.
Jabir endeavoured to seek justice against the high-handed action of the Police officials and the Government of UAE under which they were functioning. No relief whatever has been obtained despite all the efforts taken for obtaining justice. The gruesome details are narrated in the 'UAE PRISON' website at Jabir’s Testimonials.
INDIA UAE DIPLOMACY - JUSTICE ON TRIAL:-
With the gruesome experience in the UAE, the petitioner is fighting for justice ever since his deportation. He has made a representation to the Union Government of India and other authorities asking them to grant him leave to institute legal proceedings against the state of UAE.
[Shri Jabir’s Representation dated 26th December 1996 to the Ministry of External Affairs, Government of India, New Delhi (Download PDF 349KB)
In October 1996 the Supreme Court while taking cognizance of the case suggested the High Court deal with it. The petitioner has moved to the Delhi High Court, (Writ Petition No. 6149 of 1998) which directed the Union Government to take steps within two months. The deadline set by the High court is long past.
The petitioner have been unsuccessful in getting a sanction to pursue remedies in India against the offending State of UAE (which is responsible vicariously for the crimes, torts and other illegal actions of its officials) due to a technical plea of the cause of action having arisen in UAE.
The Government of India, despite a Court directive of High Court of Delhi, did not take any effective action in the matter. Human Rights violation are unfortunately condoned and acquiesced in by the Government of India for other reasons. No justification can exist for ignoring violation of Human Rights – The Supreme Court of India has declared. (Open Letter To Ministry of Overseas Indians, Government of India - Dated 02 Nov, 2004)
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 from a Web site (uaeprison.com) viewers: Responses from Web site
'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”.
(Updated: 18 October, 2013)