The judgment or order is an absolute decree passed by the highest court in accordance with the UAE Law of Criminal Procedure.
The charge against the victim was 'applying force against a government servant and assault'. Untold sufferings were inflicted on the victim as an under-trial prisoner. It took over six months to appear in court. (View Judgment Highlights)
The Legal Court of First Instance found the victim innocent of all the charges leveled against him, acquitted him and awarded its judgment. The Apex Court of Abu Dhabi was fully satisfied the lower court decision and directing the authority to release the victim immediately. Following is a very important observation of the judgment which itself speak about the innocence of the victim.
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"
The grievance of the victim, in a word, is that despite both the Courts including the Apex Court of Abu Dhabi declaring him innocent and directing the police has to compensate all the losses of his business and restoring his dignity, "the Abu Dhabi Police treated him in a manner that is extremely 'libelous’, misguided the authority by ‘false statements of fact as if the victim was punished for crime' and hence deported the 'Judgment Creditor' to India".
The victim in the case was a high earning engineering expertise and was a legal resident in Abu Dhabi over 18 years with established contracting and trading businesses worth millions. The case of the victim emerged from manipulation of power. The subsequent fact that the judgment had been pronounced long past and that its implementation was twisted and torpedoed by the culprits who have access to those in power strengthens the case further.
A brief background of the case. Civil Suit against a local
On behalf of Premier General Contracting Establishment, firm belong to the victim, entered into a contract with Mr. Hassan Saeed, a local belonging to Abu Dhabi, leasing 24 flats in his building for a period of six months against the total consideration of 504,000/- Dirhams ($ 1,45,000/-). The trouble started when Mr. Hassan wanted to wriggle out of the contract and was not willing to perform his obligations under the terms and conditions of the contract.
There was an amount worth UAE Dirham 3,00,000.00 (AED 3 Lakhs) had already been spent the victim on behalf of his principal company, the Premier General Contracting, for renovation works of the rented appartments, that includes the cost of material and manpower.
In the meantime victim came to know that inspite of the agreement to convey the flats to him, Hassan Saeed had sold some of these flats to others against the terms and conditions of the contract and contrary to law. In view of the fact that he did not comply with the condition of the contract, victim was advised to institute a civil suit against Mr. Hassan Saeed. There were many serious complications were listed in the Civil Suit against Mr. Hassan Saeed as a Landlord.
The Hon' ble Judge injuncted the payment of the cheque and Mr. Hassan Saeed was unable to realise the advance payment of the contract. On coming to know of this, Mr. Hassan Saeed threatened victim of serious consequences if he failed to withdraw the civil suit. On his refusal, Mr. Hassan Saeed in collusion with the local police, assaulted and grossly abused the victim beyond all imagination which no civilised society in modern world would approve or tolerate.
The innocence of the victim and the conspiracy on the part of the 'Landlord' Hassan Saeed are the important and thrusting points in the case....Read More at: A brief background of the case.
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