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Respected Sir,
We are enclosing herewith a copy of the writ petition filed
before the Hon' ble High Court of Delhi, C.W.P. No.6149/98 by
Mr. Panikkaveetil Jabir to which UAE is a party.
Our
client is deprived of his assets and properties as a result of
arbitrary police action in spite of the fact that the
Judiciary of your Majesty's country had upheld the contention
of our client, both at the trial stage and appellate stage.
An expert from the 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 Article 2
& 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...'
(Under No. 188/1996 dated 18.04.1996 Legal Court of
Appeal, Abu Dhabi.)
The Deprivation of his property by your Majesty's Country
would amount to a violation of Human Rights, as codified in
the Universal Declaration of Human Rights, 1948. In
particular Article 17 is relevant in the context. It reads:-
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(1) Everyone has the right to own property alone as well as in
association with others.
(2) No one shall be arbitrarily deprived of
his property.
The Human Rights as guaranteed in respect of Article 5, 8
& 9 as well are violated. (The harrowing experience
of our client and relative materials are enclosed herewith as
Annexure - 1 & 2)
As advised by the Indian
Ambassador to UAE, our client had presented a representation
before the Ruler H. H. President Sheikh Zayed bin Sultan Al
Nahyan through the Indian Embassy in Abu Dhabi. ( Copy
is enclosed as Annexure-3 )
Unfortunately there was no reply to the representation either.
We once again solicit your Majesty's immediate attention to
this pressing and long pending problem of our client.
Further legal proceedings could be better avoided, both as
regards our client and as regards your Majesty's Country.
Thanking You,
Yours faithfully,
Karthika Sukumaran, Advocate
Supreme Court of India
M/S. Sukumaran & Usha Advocates
187, Supreme Enclave,
Mayur Vihar - 1
Delhi - 110 091
India.
N.B. (CC to UAE Supreme Council
Members, Crown Princes and Embassy UAE, India.)
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