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Man with power of attorney, UAE.
(Who had stolen the assets of the petitioner on the strength of a bona fide power of Attorney given to him by the petitioner, that too in a crisis situation - Downloads:
Application to the SIC Office of the Sub Inspector of Police, Guruvayoor Police Station, Guruvayur, Trichur, Kerala.
Application to the SIC Office of the Sub Inspector of Police, Guruvayoor Police Station, Guruvayur, for the legal documents relied upon by the Sub Inspector of Police, Guruvayur, while submitting his report dated on 12th June, 2009 [Ref. No. NI WP(c) 15905/09 dt.10-06-09] to the Hon’ble High Court of Kerala, Ernakulam.
BEFORE THE APPELLATE AUTHORITY: (The Circle Inspector of Police, Guruvayur Police Station - First Appeal Dated: 14th day of May, 2014).
The investigation report of the Sub Inspector of Police contains patent and palpable errors. The report is vitiated by the corruption on the part of the police official who had investigated the matter, the Sub Inspectors of Guruvayur Police Station, M. Surendran and Mr. Premjith. Further proceedings are contemplated against these officials, who took a false stand camouflaged by the influence of the accused and his allies. It is submitted that the police officials who handled the appellant’s case are guilty of grave corruption and deliberate abuse of the official position.
BEFORE THE HON’BLE STATE INFORMATION COMMISSION, KERALA, THIRUVANANTHAPURAM - 695 001 (Second Appeal Dated: 20th day of August, 2014).
The dreadful silence of the 2nd respondent, who is holding a responsible and revered position of the Appellate Authority, under the Kerala Police Department is causing great mental shock to the appellant as well as a disgrace to the Kerala Police Department, which always proclaims its prime objective: “to serve and to protect”. It is further submitted that the reply is, in fact, the outcome of a conspiracy, fraudulent and corrupt and has been deliberately fabricated to conceal the real facts and to protect a culprit, who is the person accused of committing fraud and embezzling more than 30 crore (INR) belonging to the appellant.
Appeal to the Appellate Authority, Intelligence Bureau (IB), New Delhi.
An appeal for Information under RTI Act 2005: Download the appeal to the Appellate Authority, Intelligence Bureau (IB), New Delhi: Seeking ‘information on travel details of Mr. Panikkaveettil Kottukkal Abdul Jaleel during the period from January 1, 1990 to July 31, 2013 (pdf 98kb).
(Link to Power of Attorney: Arabic / English Translation)
Mr. P. K. Abdul Jaleel, man with ‘Power of Attorney’ (here in after referred to as the 'Accused') is the brother of the petitioner. whose educational qualifications were inadequate to get him any employment avenues in his homeland. In fact, it was the petitioner who took the accused to Abu Dhabi out of his brotherly affection and concern for the family, under his own sponsorship and offered him job in his firm in "Ramla Electro-Mechanical Est".
While the petitioner was in the prison in Abu Dhabi, the petitioner executed a Power of Attorney in favour of the accused, taking him in full confidence, vide Proceedings No.646/96, Abu Dhabi Court. (Link to Power of Attorney: Arabic / English Translation). The accused was under the Sponsorship of the petitioner. The power of Attorney was meant by, namely to control his wide ranging establishments, assets including the transport vehicles, electro-mechanical & demolition machineries and to mange the money flow there in etc., as an agent, based on prior approval from the petitioner.
Very honestly, and pretending to be sad on the mishap of deportation order against the petitioner, that he was trapped in a fabricated criminal case, imprisoned, brutally tortured and deported against the most favourable judgment of the country (Judgment Highlights). The accused took greater advantage of the unlawful order of deportation, without revealing the factual position of acquittal of the victim by both the Court, the legal Court of First Instance and the Apex Court of Abu Dhabi vide its order referred to above.
The accused was pretended to be the actual owner of the entire business empire that belonged to the petitioner. He started business in a style that he felt correct. He have taken his entire family to Abu Dhabi, started a lavish life, made frequent visit to India, thrown away money in real estate, properties and other ventures and so on. Company staffs including Engineers, sub contractors and well wishers who are faithful and loyal to the petitioner were left by the dishonest behavior of the accused. Others were threatened or made a compromise with the accused and continue working with the accused.
The accused has misappropriated the assets of the petitioner and wrongful conversion of assets extensively and kept a dump ear to whatever the petitioner wanted him to speak out. Apart from the cruelty meted out by the police officials in Abu Dhabi, it was the back-stabbing of his own brother that caused the entire further financial loss and the inability to recapture the past glory and fame of the well established companies. (The true copy of this ‘Legal Notice’, served to the accused will reveal the truth)
The petitioner places on record his thanks and gratitude to Mr. Isa Ahmed Hassan Jaffar, a citizen of Abu Dhabi, UAE for his support as a ‘Sleeping Partner’ of his three establishments. When the petitioner had to leave the country, the mutual agreement between the Petitioner and his Sponsor, Isa Ahmed Hassan Jaffar was very much active. (Special Power of Attorney between the Petitioner and his Sponsor: Arabic / English Translation)
It was with this authority of special power of Attorney, the petitioner, through the Legal Court of Abu Dhabi, executed a General Power of Attorney to his brother, all in a good faith. (General Power of Attorney between the petitioner and the Accused: Arabic / English Translation)
(Detailed texts are also available at: Timeline - Jaleel the Attorney)
| Power of Attorney |
Annotations:
Mr. P. Abdul Jaleel, the accused is a brother of the petitioner. He was taken by the petitioner to Abu Dhabi and was employed in "Ramla Electro-Mechanical Est", one of the establishments of the petitioner on a monthly salary of 1700 UAE Dirhams (INR.18,000) as an ‘Electrician’. However, the petitioner was kind enough to give extra money to Abdul Jaleel, considering his fraternal relation with Jaleel.
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Exhibit A1 (a1) |
VISA to the accused, Abdul Jaleel (Dated: 03-06-1985)  |
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Exhibit A (a2) |
"Passport copy of accused, Abdul Jaleel " |
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Exhibit A1 (b1) |
General Power of Attorney’ granted to Abdul Jaleel, the accused (Arabic)  |
Annotations:
The petitioner tried to re-energize his establishments and it's activities from India. Developed, probably the first web initiative in the field of HVAC in UAE but have been unsuccessful in organizing ...IN DETAIL. (Websites are available online. For demo only, not active in the business)
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Exhibit A1 (c) |
The website property of Permier Contracting www.hvacuae.com/premier |
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Exhibit A1 (c) |
Supporting website of Premier Contracting Aircons.com , Spitac.com, HVAC UAE.com, HVAC Middle East.com |
Annotations:
On 5-5-2004, a fresh Power of Attorney was executed in favour of M.Mohammed Sheriff. He went to Abu Dhabi to have his accounts settled and the assets ascertained. In spite of the meetings and discussions, the accused defiantly refused to furnish accounts and resisted the attempts to take stock of the assets of the petitioner.
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Exhibit P4 (n) |
Revocation Letter - (Arabic/English) |
Annotations:
The accused significantly enough, did not respond to the demands contained in the lawyer’s notice. It is submitted that this conduct on the part of the accused has great significance in the further actions and events which followed.
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Exhibit A1 (c) |
Lawyer's Notice to the accused |
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Exhibit P3 (b) |
Judicial Magistrate 1st class Chavakkad |
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Exhibit P4 (b1) |
FIR SI Surendran Guruvayur Police  |
Annotations:
The G R O UN D S. The fraudulent and deceiving character of the accused (an under-educated ‘Electrician’) was clearly visible from the false story narrated before the Sub Inspector of Police, Guruvayur. He said the petitioner was imprisoned in Abu Dhabi for his criminal deeds and was subsequently deported and so, he is an ex-convict; none of the establishments owned by the petitioner, and the petitioner was a debtor, so, he was forced to settle all the dues. The accused was also disclosed about his creation of wealth through real estate investment, that he purchase land mass at INR.7 Lakhs and sell it at a rate INR.35 Lakhs!
Factually, the petitioner who was an innocent, honest and flourishing businessman, was trapped in a criminal case in Abu Dhabi. The case against him was fabricated. In fact he was trying to protect himself and his property while doing holding a vast business empire in Abu Dhabi. This was the beginning of the case. The petitioner was arrested soon thereafter, put in jail, tortured brutally and ultimately, the lower Court and the Apex Court of Abu Dhabi had declared him innocent of the charges leveled against him. In addition, the UAE officials was directed to compensate the petitioner for all the sufferings, prestige, dignity and other damages. (Link: Judgment Highlights)
Things being so, the accused, who had already personalized all the business and assets thereof at Abu Dhabi on the strength of the Power of Attorney given to him by the petitioner as he had no other option before leaving Abu Dhabi on deportation, narrated a false story before the Sub Inspector of Police, Guruvayur that the petitioner was a person who was imprisoned in Abu Dhabi for his criminal deeds there was subsequently deported. Rather, he could "successfully" paint-brush the petitioner as a “criminal”.
The accused did not own any asset in India or abroad at the time when signing the Power of Attorney. Surprisingly thereafter, the accused has acquired immovable property and buildings in home town and commercial concerns in Abu Dhabi. It is illogic to believe that a mere ‘Electrician’ in Abu Dhabi, with a minimal monthly salary could amass all these wealth by his hard earned savings. In law, all those assets earned through the deployment of funds, which had come to him as agent of the petitioner really belongs to the petitioner.
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Exhibit P4 (c) |
Testimony by the Accused Abdul Jaleel Dated: 2009 |
Annotations:
The G R O UN D S. 'The Sub Inspector of Police, Guruvayur Police Station, is duty bound to investigate the crime honestly and legally, with an unbiased approach. There had been inordinate delay in the matter. Such a longer delay is totally unjustifiable in the circumstances of the case, especially in view of the fact that documentary evidence had already been furnished to the Sub Inspectof of Police, which will clearly establish the commission of crime by the accused. As such, the Sub Inspector of Police has no justification whatsoever, to prolong the case any further'.
The investigation agency was under the unjust and illegal influence exerted by Mr. Abdul Jaleel and his allies working locally. The agency was more interested in making a 'compromise deal' than a true investigation. The applicant, therefore, filed a Writ Petition against the investigation of local police, the Sub Inspector of Police, Guruvayoor, under WP (C) No.15905 of 2009 in the Hon'ble High Court of Kerala for directing the CBI or any other official Agency to investigate the Crime. (Ref [6] Citation: ‘Petition Hon’ble High Court of Kerala, under Article 226 of the Constitution of India’.
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Exhibit P4 (c1) |
Writ_Petition, High Court of Kerala |
Annotations:
There are strong indications of undue illegitimate influence operating over the offices and men of the local Police. The investgation agency was under the unjust and illegal influence
exerted by the accused and his allies working locally. Though the petitioner appeared on numerous occasions on the direction of the police officials, a visibly hostile attitude was adopted
by them. Virtually, the petitioner was treated as if he was the accused and not a complainant. It's unfortunate, an agency like a 'Sub Inspector of Police' India, is not in a position to grasp the implications of important legal principles like obligations of an agent under the Law.
The document exhibits here (View Exhibits) which clearly reveal the ownership of 'Company'. There were enough of case records that were produced before him by the petitioner, to get the facts. The case records contained every details to prove that the case against the petitioner was a “fabricated one”, he was unlawfully arrested and detained in Abu Dhabi jail. A mere perusal of the judgment of the Apex Court of Abu Dhabi would have made it clear even to a layman that the Court had acquitted him and that the officials of the UAE were directed to compensate him for all his losses. Instead of taking the simplest strain and care of finding out the truth of the case from the case records produced before him, the Sub Officer of Police, India, with the malice intention, concluded by himself that the petitioner was “only a convict of the Abu Dhabi, who was deported to his home land after the period of imprisonment, as per the rule of that country. Thus he dealt with the victim as if he is an éx-convict’.
This action on the Sub Inspector of Guruvayur Police Station further defamed him. Resultantly, he was put to heavy loss of his assets as well as his dignity. The gravest impact was with the false statement given by the Sub Inspector of Police, Guruvayur to the High Court of Kerala. He has assertively stated in his report that he had ‘verified the facts of the case and convinced himself that the claim of petitioner is not true and further that the petitioner has put up a false case that accused has cheated him. In short, he just swallowed the case history as explained to him by the accused.
The Sub Inspector has submitted that he is closing further proceedings in the case, in view of the fact that for obtaining the factual situation duly verified from the Abu Dhabi officials will be a time-consuming process, or rather impossible. By taking such a stand, the petitioner was deprived of the benefit of truth. A mere verification of the judgment of the Apex Court of Abu Dhabi would have reversed the situation. With the above damaging report of the Sub Inspector of Police to the High Court of Kerala, the petitioner, who has already suffered too much because of the case fabricated against him by Abu Dhabi police, is put to irreparable loss and damages.
As could be seen from the case records, the charge was a manipulation of power and the Police officer had withdrawn his complaint. Therefore, as per the laid down principles of Law, the Sub Inspector has to be taken to task, by proceeding against for defaming the petitioner. The document exhibits here (View Exhibits) which clearly reveal the ownership of 'Ramla Electro-Mechanical Est'.
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Exhibit P4 (d) |
Investigation Report By Guruvayur Sub Inspector "Mistake of Fact" |
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Exhibit P4 (e) |
Investigation Report Attested by Highcourt of Kerala |
| Annotations:- |
It was understood that the accused have made wrongful conversion of assets in an extensive scale, instead of supporting the institutions. He have cancelled two of the licneses and degraded the general contracting licence of 'Premier Contracting Est' etc.
The mutual agreement between the Petitioner and his Emirati Sponsor, Isa Ahmed Hassan Jaffar is available here in. (Special Power of Attorney between the Petitioner and his Sponsor: Arabic / English Translation) It is explicitly clear from the document, that Mr. Isa Ahmed Hassan Jaffar was only a 'Sleeping Partner' of 'Premier General Contracting Est'. Otherwise, he would have taken necessary precaution at his end to thwart the illegal move of the accused.
Based on the sole authority of power given by his sponsor, the petitioner, through the Legal Court of Abu Dhabi, executed a General Power of Attorney to his brother, the accused, in all good faith, to conduct the companies' affairs on his behalf as an agent. (General Power of Attorney between the petitioner and the Accused: Arabic / English Translation)
The accused, by taking benefit of the General Power of Attorney given by the petitioner, misguided Mr. Isa Ahmed Hassan Jaffar that his brother is no more interested in the two concerns, (1) 'Ramla Electro-Mechanical Est' and (2) Summer Pool Building Material Trading, thus cancelled two of the active licenses including the cancellation of visas taken there in.
Subsequently, the two, the accused and his companion Mr. Arif Kunhimon (The person who was authorised to manage the Summer Pool Trading Est., on behalf of the petitioner) joined in 'Premier General Contracting Est' at Abu Dhabi, as an ‘Electric Wireman’. (View the list of Staffs - Issued in the year of 2003 )
Thereafter, the accused got a Power of Attorney directly from Isa Ahamed Hassan Jaffar in his name to conduct all the functions as an owner of the company. Later, converted the status of this major Premier General Contracting Est., to that of a mere Maintenance Company in order to avoid licensing complications.
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Exhibit P4 (f) |
Modified Trade Licence of Premier - 2003 |
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Exhibit P4 (g) |
Special Power of Attorney with Signature Authentication (Arabic) |
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Exhibit P4 (h) |
Special Power of Attorney with Signature Authentication - Trans |
Annotations:
There were missing names of previous workers in the 'Company Workers' List - In the year of 2003', instead new names were entered. The labour card also proved that, the accused have changed his VISA from the previous establishment, the 'Ramla Electro-Mechanical Est' to the 'Premier Est'.
The legal status of Migrant Workers in the UAE (The legal status of working of Mr Abdul Jaleel in UAE is also important in this case)
In a letter issued on September 28, 2006, the government of UAE has clarified that the “workers hosted by the UAE are 'contract workers' and cannot be considered migrant workers, as they work on a temporary basis. Click Here to view the UAE Government Response to Human Rights Watch’s Letter.
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Exhibit P4 (i) |
Company Workers' List - In the year of 2003 (Arabic) |
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Exhibit P4 (j) |
Company Workers' List - In 2003 (English Translation) |
Annotations:
Instead of being truthful and loyal to his own brother (the petitioner), who gave him Power of Attorney just to act as his agent in a most crisis situation in its letter and spirit, the accused turned to be a cheat and dealt with the assets and properties of the petitioner according to his whims and fancies. The accused also made diversions from established business styles of the petitioner, by taking up new ventures like ‘import and export’ of ‘out-dated computers’ and the like, affecting the goodwill of the establishments of the petitioner.
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Exhibit P4 (k) |
Gulf - Malayalam Classified News 30/6/2004 |
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16 Exhibit P4 (l) |
Gulf - Malayalam Classified News 8/12/2004 |
| Annotations:- |
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Among other establishments, the victim also had a firm viz., Summer Pool Trading Establish, dealing in building materials. The establishment had a very large showroom occupying the entire ground floor of a Nine Stories Building, located on the Airport Road, Abu Dhabi. The accused had diverted the assets without due or proper account as obligated under the law. Sale of valuable materials were effected and amounts were withdrawn from banks without any consent or approval from petitioner, who was the real owner of those assets, and the Principal under whom the accused had been authorized to function as his agent. (Summer Pool Building Material Trading)
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Exhibit P4 (o) |
Summer Pool Building Material Trading: |
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Exhibit P4 (o) |
Summer Pool Signature Authorization: |
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Exhibit P4 (p) |
Contract Letter. Supply of Building Material: (Arabic) |
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Exhibit P4 (q) |
Contract Letter. Supply of Building Material: (Arabic) |
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Exhibit P4 (s) |
Contract Letter. Supply of Building Material: (Arabic) |
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