Documentation. No 2557 UAE/Lawyers India                                                                          


When a dispute arose in a building contract, Jabir (Hereinafter mentioned as the petitioner) instituted a Civil Suit against the local, Hassan Saeed. Though the petitioner had acted only as a law abiding citizen, and in accordance with legal advice secured in that behalf, and had only sought relief from a Court of Justice, Hassan Saeed, took it as an affront and executed illegal and violent activities against the petitioner defying, all legal provisions and principles of fair-play.

The Police Officials colluded with Hassan Saeed, making a forcible entry into the petitioner’s place, the petitioner was threatened to withdraw the Civil Suit by abusing the force of the Police Officials as well. The petitioner could not yield to such illegal and unjust demands and therefore refused to accede.

In sharp contrast with countries abiding by the Rule of Law, those who live and work in that country do not have the protection of Law. Those who have access to the corridors of power can violate the Law with impurity. Due to various considerations, economic and political, the countries from where people migrate do not protect their citizens. It happened in the case of the petitioner.

Taking advantage of the situation prevailing in that country and securing the help of Police even by resort to all unfair means, Hassan Saeed and his men, with the assistance of the Police, ransacked the entire office and deprived the petitioner of all his valuable. The petitioner also went to the extreme step of getting the petitioner arrested. He was subjected to the greatest ordeals by being taken to the jail mercilessly tortured and illegally kept in prison, in total violation of all Human Rights.

The violation of Human Rights continued unabated, as is the general situation in that country. Only after four months of the arrest and detention, a false case was registered against the petitioner. Untold sufferings were inflicted on the petitioner as an under-trial prisoner. (The facts are evident and born out by the records attached herein at: My Prison Life).

The petitioner’s innocence was, however, established when despite the severe constraints of the petitioner, the Trial Court acquitted the petitioner of all the charges leveled against him and even ordered an enquiry about the conduct of the police officials.

The police authorities took up the matter in appeal. The Appellate Court also upheld the finding of the Trial Court and commended adversely and strongly against the illegal and high-handed acts of the officials.

In the wake of the concurrent judicial findings of the Court, all the assets illegally taken away should have been restored to the petitioner; 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 28-9-1986, they resorted to the high handed action of deporting the petitioner to India in total negation of Human Rights and principles of law. In the passport, they made an endorsement of ‘NO ENTRY’.

The petitioner was not intimated about any grounds justifying such an endorsement. He was not given an opportunity to make any representation against making such an endorsement which would deprive him of his life and liberty as safeguarded under the Law.

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