(Highlighting the key events - P.K. Jabir, our client)
First Entry To UAE:
Mr. Panikkaveetil Kottilugal Jabir (Here in after as the petitioner), an Indian national migrated to UAE on 01/06/1979. The petitioner had been doing business for over 18 years in Abu Dhabi, the capital of United Arab Emirates.
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]
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]
A brief description of the Case in UAE
Civil Suit against local:
On behalf of of Premier General Contracting, the petitioner wanted to rent a building for 6 Months (Total contract value: UAE Dirham (AED): 5,40,000.00). This led to a legal dispute with a local man, and the petitioner was advised to institute a civil suit against him. The petitioner sought and got permission from the Court for remitting the sum covered by a cheque in court.
Charge Against Petitioner:
On 26/10/1995, on coming to know of this, the local, 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 in trial 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 local man
The Court acquitted the petitioner and ordered an investigation into the crime committed by the local man and the police. However, despite the acquittal the petitioner was not released from prison. Later, 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 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 local went to arrest the accused, without any right and curtailed his freedom
Notwithstanding the judicial verdict, on 28/09/1996 the police deported the petitioner back to India. The deportation order was passed without assigning any reason or hearing.
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.
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 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].
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 workers up to 20 and other workers on subcontract basis with Private, Government and Semi-Governmental 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