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(Highlighting the key events and activities - P.K. Jabir, our client)
[Active involvement in the process of getting justice and its implications: Visit Publications]
First Entry To UAE & Involvement In Business:
Mr.Panikkaveetil K. Jabir (Here in after as the petitioner), an Indian national migrated to UAE on 01/06/1979. A Mechanical Engineer by profession, he had been in the field of contracting, trading, and was one of the first India-born real estate investors in Abu Dhabi, the capital city of United Arab Emirates (UAE).
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.
First Establishment:
In the year of 1983., the petitioner obtained a trade license as "Ramla Electro-Mechanical Establishment" under petitioner's name as an investor.
Activities involved Electrical Contracting, Installations & Maintenance of Central A/C., Elevators, Fire & Safety, Demolition etc. [A copy of Trade License, some of the related work orders, contracts, sample of ad material, purchasing documents of building properties and prime properties of the ruling family of the country is also enclosed herewith for ready reference. [ Ramla Electromechanical ]
In 1987, the petitioner started Building Material Trading with the license of "Summer Pool Building Material Trading Est" with own investment under the sponsorship of Isa Ahmed Hasan Jafar. [Summer Pool Building Material Trading]
Third Establishment:
On 15/05/1990, the petitioner entered in General Contracting Business with own investment
in infrastructure, licensing, bond, guarantee etc. The third license was 100% local ownership. The 'Special Power of Attorney', authorizing the petitioner certain rights of which he can transfer the ownership to any other person..
The firm was named "Premier General Contracting & Maintenance Est". The firm was registered with Onshore and Offshore; Oil & Gas Sectors, PWD, other Government and Semi-Government Companies in the UAE. (To prove the ownership, further participating into the business, a' Special Power of Attorney' was prepared according to the UAE Law) [A copy of Trade License, Special Power of Attorney, Oil & Gas Registration Certificates, Contracts, Staffing/Recruitment and work orders are enclosed (Available) herewith for ready reference. [Premier General Contracting Est., Documentation]
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, United Arab Emirates (UAE).
A brief description of the Case in UAE
Civil Suit against Emirati local:
On behalf of my principal, Premier General Contracting Est., the petitioner entered into a real estate deal on 15/08/1995 with a local landlord belonging to Abu Dhabi, leasing and build-out a multi-storey apartment tower comprising 24 flats with condition to renew semi-annually against the total consideration of 1.08Million [USD$ 3,00,000] annually.
When the local attempted to break the provisions in the agreement and violating the terms and conditions of the contract, the petitioner, as a law abiding citizen, sought legal advice and instituted a civil suit in the Abu Dhabi Court. The civil law court passed an interim judgment in favour of the petitioner.
Framing Charge Against Petitioner:
On 26/10/1995, on coming to know of this, the local landlord, in collusion with police-officials trespassed into his office premises and threatened the petitioner to withdraw the civil suit. The petitioner could not yield to such illegal and unjust demand which amounted to extortion. Consequently, his entire office was ransacked and valuables looted. He was subjected to the most inhuman treatment with painful physical injuries and otherwise.
Thereafter, the petitioner was framed under false criminal charges and taken to the prison. He was not allowed to have meetings with any person or communicate with the outside world. A case was registered only on 11/02/1996 and the petitioner was taken up to the court only after five months.
The judges were much moved by the massive evidences before them which established beyond doubt the illegal nature of the police action and the dishonest deals of the Emirati local.
The Judgment of the ‘Legal Court of First Instance:
On 10-04-1996 the ‘Legal Court of First Instance’ was pronounced its Judgment. The Court acquitted the petitioner and ordered an investigation into the crime committed by the Emirati local and the Abu Dhabi Police.
However, despite the acquittal the petitioner was not released from prison. At the same time, there was an alleged omission to proceed against the perpetrators of the crime, in spite of the directions of a judicial authority.
Final Judgment by the Apex Court of Abu Dhabi, UAE:
Later, on 19/5/1996 a full bench appellate court affirmed the decision of the first court. It further reiterated the condemnation of the prosecutor. [A true copy of the judgment of the Appellate court is enclosed herewith for ready reference].
The operative part of the Judgment which clearly revealed the malafides and the arbitrary way in
which the police department and the Emirati local acted. It further reiterated the condemnation of the
prosecutor. An excerpt from the appellate judgment 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 man was killed while protecting these, he is considered to be a martyr. And limitation of his freedom without any right is an unforgiving crime and the same is mentioned in the provisions of articles 2 and 3 of the penal procedure code. And it is proved in this case that the policemen along-with the Emirati local went to arrest the accused, without any right and curtailed his freedom.
("Apex Court Judgment, 188/1996 dated 19/5/1996 Abu Dhabi, United Arab Emirates")
The Illegal Deportation by UAE Administration:
Notwithstanding the judicial verdicts, on 28/09/1996 the petitioner was deported back to India by the UAE administration with false and fabricated records, without any asset, dignity and respect whatsoever. The deportation order was prepared with the false and fabricated statement, with an intention to save face and to avoid paying any reparations. ["Link: The ‘Executive Order of Deportation’ – dated 28-09-1996 Abu Dhabi, UAE]
Justice on Trial:
The Supreme Court of India & The Delhi High Court:
In October 1996 the Supreme Court while taking cognizance of the case suggested the High Court deal with it under Article 226. The petitioner has moved to the Delhi High Court, (Writ Petition No. 6149 of 1998).
The Delhi High Court by its judgment dated 20-11-1997, directed the Union of India to settle the issue within two months of the date of the judgment. ["Link: In the High Court of Delhi, Appellate Civil Jurisdiction"]
[The facts had been narrated in greater detail and with convincing documentary evidence in the writ petition filed before the Supreme Court and the subsequent one filed in the Delhi High Court. Many institutions, persons who had occasion to look into his grievances had written to the Ministry. Copies of letters enclosed herewith for ready reference].
‘The Shameful Acts of The Ministry of External Affairs (MEA), The Union of India’:
One of the most shameful acts by the Ministry of External Affairs (MEA)! The credit goes to "Mr. N.U. Avirachan, Undersecretary, Ministry of External Affairs (MEA) and Mr Balasubramanian, Second Sef India (Cons), Embassy of Abu Dhabi, UAE". ["Read the 'MEA India' Letter Dated 29-01-1998"]
The case of the ‘JudgmentCreditor’, an Indian investor in the UAE, had already been fought at length, at three Courts in Abu Dhabi, UAE. All the three Courts including the Supreme Court of Abu Dhabi had passed clear and concrete orders in the case, directing the authority to enforce the Judgments. To save face, the Executive of Abu Dhabi, fraudulently deported the ‘Judgment Creditor’ to India and leaving the guilty unpunished.
Had the Court Judgments in favour of the petitioner awarded 25 years ago, i.e., in 1996, been duly executed or granted the appropriate reliefs to the ‘Judgment Creditor’, his case would have been closed then and there. Instead, the UAE administration committed yet another series of crimes of Contempt of Courts, defrauding the Judgment Creditor, fraud etc., and deported the Judgment Creditor in the most diabolical manner!
The Delhi High Court heard the case of ‘Judgment Creditor’, and issued a ‘Mandamus Order’ to the Ministry of External Affairs, Government of India, to settle the case in 2 months with the UAE.
At this juncture, all that was required from the Government of India was to take up the issue direct with the authorities of Abu Dhabi, to enforce the Judgments of the Apex Court of Abu Dhabi, without further delay.
Instead, Mr. N.U. Avirachan, Undersecretary, Ministry of External Affairs had sent this letter No.T-4113/3/96 to Mr Balasubramanian, Second Sef India (Cons), Embassy of Abu Dhabi, UAE, which was written without adhering to the provisions of law. It was this very act by the Union of India which spoiled the settlement of the case of the Judgment Creditor in the early stage.
A brief of asset details as the following:
Ramla Electro-Mechanical Establishment.,
The value of Ramla Electro-Mechanical Est., was worth over UAE Dirham (AED): 15 Million in 1995. And the earnings was worth UAE Dirham (AED): 2.5 Million in the period of 1993-1994. The Firm had in-hand contracts with a staff of workers up to 80 in occasions especially for their building demolition and dismantling contracts.
Ramla Electro-Mechanical Establishment, located at Al Musafah, Abu Dhabi Emirate, was operational at Shaikh Saif Bin Muhammed Al Nahyan building (Lake Front). It had an attachment of 3,000 Sq. Meter Office cum Warehouse block with an open yard and compound wall.
The location was one of the prime properties of ruling family. Shaikh Saif Bin Muhammed Al Nahyan, the owner of property, was a regular business provider, also was a well wisher of the petitioner. The petitioner acquired this building premise as a long lease basis with a reasonably low of yearly rent.
In early days the petitioner had invested huge amount here by way of constructing two 'three bedroom' apartments, workers accommodation and a mezzanine floor in the entire warehouse area.
The mezzanine floor which had doubled the existing space to a '65X35X2' Meters and it was fully occupied mainly by electro-mechanical equipments, Central Chillers, compressors, Elevators, Safety Equipments, Air Compressors, Scaffolding Materials, Heavy Duty Drilling Equipments, High End Electric Welding Equipments etc. (The Scaffoldings was not only for our use also was rented out to others in monthly basis)
Most of the items which kept in the warehouse were sold out in earlier stage without the petitioner's consent or approval. Portion of the space was also rented out to others by the accused. (On or before 01/05/2004, this property along with its entire infrastructure was sold out by the accused without the petitioner's consent or approval).
(Copies of trade licenses are annexed here with: Ramla Electromechanical
Premier General Contracting Establishment.,
The value of Premier General Maintenance Est., was worth over UAE Dirham (AED): 10 Million in 1995. And the average earnings was worth UAE Dirham (AED): 2 Million in the period of 1994-1995.
The Firm had in-hand contracts with own staff of 20 workers and others on subcontract up to 350 workers based on Private, Governmental and Semi-Governmental contracts/jobs activities in the UAE.
(Assets detail of Premier General Maintenance Est., by a registered chartered accountant certification dated 18/08/1994, was valued of UAE Dirham (AED): 5,93,096.00) (Copies of trade licenses are annexed here with:
Premier General Contracting Est.,Documentation
Summer Pool Trading Establishment.,
The value of Summer Pool Trading Est., was worth over UAE Dirham (AED): 2.5 Million in 1995. And the average earnings was worth over UAE Dirham (AED): 4,50,000.00 in the period of 1994-1995. Summer Pool Trading Est., was a Building Material Trading Firm.
(Copies of trade licenses are annexed here with:
Summer Pool Building Material Trading
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