by Jabir. P.K.
I am an Indian Mechanical Engineer, established a group of concerns
in Abu Dhabi, United Arab Emirates.
When a court favorably proceeded my civil suit of a building contract, a
local who was the opposite, in collusion with police-officials trespassed
into my office premises and threatened me to withdraw the civil suit. I
refused to yield such a demand; consequently, my entire office was ransacked
and valuables looted.
Thereafter, me and my brother were framed under false criminal charges and
taken to the central prison. My establishments suffered huge loss for not
allowing me to have meetings with any person or communicate with the outside
world. My case 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 orchestration of the police and the dishonest
deals of the local man. The Court acquitted me and my brother and ordered an
investigation into the crime committed by the local man and the police.
To avoid embarrassment the prosecution filed an appeal, and on the same day
we were granted bail. However, despite the acquittal and the bail we were
not released from prison. Later, a full bench appellate court affirmed the
decision of the trial court. 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".
The Judgment copies (English and Arabic) including my prison life are also
available at the site: http://www.uaeprison.com
Despite the acquittal, by the Court of first instance and the Court of
appeal, we were continued languishing in jail and after a period of one
year, on September 28,1996, we were deported back to India. the deportation
order was passed without assigning any reason or hearing. (The copy of the
deportation letter is also enclosed herewith.)
The gruesome experience in the UAE and the loss of all assets created in 18
years of hard work, I am fighting for justice ever since my deportation. I
have made a representation to the Union Government of India and other
authorities asking them to grant me 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. I moved the Delhi High Court, which
directed the Union Government to take steps within two months. The deadline
set by the High court is long past.
My pleas for justice, to the authorities of United Arab Emirates, India and
International bodies concerned with human rights, have so far fallen on deaf
ears.
Thanking you kindly for your time and co-operation.