UAE Case Diary                                                                          

Application to the SIC, Kerala, Office of the Sub Inspector of Police, Guruvayoor Police Station, Guruvayur, for Information under Right to Information Act 2005

"Departmental action against the respondents has been recommended by Shri.Vinson M Paul, the State Chief Information Commissioner (SIC), Kerala, under RTI Act"  Departmental Action Against the Respondents by the SIC, Kerala, Under RTI Act

APPENDIX-FORM

    (See Rule 3)
                    (Application for Information under Right to Information Act 2005)

 

 To

The Central Information Commissioner,
Office of the Sub Inspector of Police,
Guruvayoor Police Station, Guruvayur,
Thrissur District, Kerala State - Pin: 680 101.
  
1)    Full Name of the applicant:    Panikkaveettil K. Jabir

2)    Father’s Name                 :     MoideenKutty

3)    Address                           :     Overseas Indians’ Legal Cell, 5th Floor, Metro Plaza Building,
  Market Road, Near High Court, Kochi, Kerala - Pin. 682 018.

4)    Details of Application Fee: Postal Order No. 2 IF  901010 Dated 03-03-2014.

5)   Particulars of information required: 

Please provide specific 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, along with certified copies thereof,  in public interest with file notes and correspondence file U/S 6 (1), 6 (3) of the RTI Act on the following issues:  (Investigation report of the Sub Inspector of Police, Guruvayur, is attached herewith as Annexure-1).

 QUESTIONS:

1. What’s the basis for the statement of the Sub Inspector of Police,Guruvayur Police Station “that the applicant was punished for a term of one year in Abu Dhabi?  Was there a copy of judgment to prove this? If yes, please send an attested copy of the Judgment of the Legal Court of Abu Dhabi, to the applicant.

2. What’s the basis for the statement of the Sub Inspector of Police, Guruvayur Police Station that ‘Ramla Electro Mechanical Establishment’ does not belong to Mr. Panikkaveetil Kottilugal Jabir and the license holder is Mr. Isa Ahmed Jafar of Abu Dhabi?  Was there any copy of trade license issued by the Municipal Authority of Abu Dhabi or the Chamber of Commerce of Abu Dhabi, before the Sub Inspector to prove this? If yes, please send an attested copy of the license of Ramla Electro Mechanical Establishment wherein the name of the license holder is mentioned as Isa Ahmed Jafar of Abu Dhabi. 3
3. Please provide the notings on movement of this RTI Application.

If the information sought for is held by another Public Authority, or the subject matter of the information required is more closely connected with the functions of another Public Authority, this Application or such part of this application may be forwarded to that Public Authority, as required under Section 6 (3) of the RTI Act.
  
BRIEF OF CASE:

Mr. Abdul Jaleel, the person to whom a Power of Attorney was given by the applicant, Mr. Panikkaveettil K. Jabir, to take possession and care of his establishments and assets in Abu Dhabi, in good faith (Vide Proceedings No.646/96, Abu Dhabi Court), while the applicant was under ‘illegal detention’ in Abu Dhabi, in defiance of the orders of the Apex Court of that country.  Abdul Jaleel is the person accused of committing fraud and embezzling more than 30 crore (INR) from the assets of applicant. A complaint subsequently filed in the Court of Judicial Magistrate of 1st Class, (JFCM/MP 6066/08) Chavakkad, was forwarded to the Sub Inspector of Police, Guruvayur for investigation, under proceedings in Crime 437/08, dt. 11-06-2008.

Due to the unusual delay on investigation, the applicant filed a Writ Petition under WP (C) No.15905 of 2009 against the investigation of the Sub Inspector of Police, Guruvayoor, in the Hon'ble High Court of Kerala for directing the CBI or any other official Agency to investigate the Crime. In the aforesaid circumstances, the learned Government pleader on instruction submitted a copy of the investigation report in Crime 437/08 that was submitted before the Judicial Magistrate of 1st Class, Chavakkad, on 19.05.2009.

In the investigation report of the Sub Inspector of Police, Guruvayur, the person(s) deliberately quoted that the applicant was punished for a term of one year in Abu Dhabi and after the term of punishment, he was deported to India in 1997.  The investigation report concludes that, the 'Ramla Electro-Mechanical Est'., does not belong to the applicant, and the license holder is Mr. Isa Ahmed Jafar of Abu Dhabi.  Therefore, the agency has been closed the investigation as "Mistake of Fact". 

It was as a result of the said report of the Sub Inspector of Police, Guruvayur that the Writ Petition of this applicant for conducting the investigation by a competent Agency other than the Sub Inspector of Police, was turned down by the High Court of Kerala.  (Copy of the Judgment of the High Court of Kerala is attached herewith as Annexure-2).

DECLARATION:

I state that the information sought does not fall within the restriction contained in Section 8 & 9 of the RTI Act and to the best of my knowledge it pertains to your office.

 

Date:  03-03-2014

Place: Kochi                                                              (SIGNATURE OF THE APPLICANT)

Enclosures:

1. A copy of the statement [Ref. No. NI WP(c) 15905/09 dt.10-06-09] dated on 12th June, 2009 by the Sub Inspector of Police, Guruvayur - Annexure - 1.
2. A copy of the Judgment, High Court of Kerala, [W.P. (C ) No.15905 of 2009] dated on 29th June, 2009 -  Annexure - 2.
3. Postal Order No. 2 IF 901010

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