Writ Petition under Article 226, Constitution of India | High Court of Kerala | P.K.Jabir | 2025
Kerala’s Justice System Under Fire: 30-Year Global Legal Battle Exposes Institutional Failures
A 30-year cross-border justice battle has exposed how Kerala’s judicial and policing systems relied on falsified records and suppressed foreign court rulings, contradicting findings of both UAE and Indian courts. The Petition stands as evidence of systemic institutional misconduct requiring impartial review and international scrutiny.
The Petitioner is a former Non-Resident Indian (NRI) entrepreneur who lawfully conducted business in Abu Dhabi for over two decades. Upon securing favourable judicial orders in a commercial dispute, certain State agents in Abu Dhabi subjected him to retaliatory acts, including abduction, attempt on his life, and fabrication of judicial records to procure his deportation. The superior courts of the UAE, including the Apex Court of Abu Dhabi, repeatedly recognized the Petitioner’s innocence and his status as a creditor entitled to compensation. Yet, to suppress accountability, forged orders were issued, his name was blacklisted—preventing his return even for justice—and expelled.
🖤💛 $100M stolen. Zero justice. Thirty years later — the case is still alive, but justice is dead. 💛🖤
For three decades, one man has carried a truth too inconvenient for two nations. UAE Courts honoured him as a victim of police wrongdoing—yet the Abu Dhabi Police stripped… pic.twitter.com/7TTkPUo6Qd
— Judgment Creditor Versus Unjust Arab Emirates(UAE) (@LegalJudgments) November 13, 2025
Returning to India, he legitimately expected the truth prevailing abroad to be honoured here. Instead, for over three decades, litigation has defined his existence: courtrooms became his home; litigation displaced livelihood; prolonged suffering eclipsed his dignity. Although the Hon’ble Supreme Court of India and the Hon’ble High Court of Delhi acknowledged his legal position, substantive redress remained illusory.
At the core of this Petition lies the shocking legitimization of a false police report in Crime No. 437/2008—when the Complainant filed a petition against his former Power of Attorney holder (Respondent No. 4) for misappropriating assets worth ₹40–50 crore through forged authorizations. The case—Crime No. 437/2008 at Guruvayur Police Station—was investigated by Sub-Inspector M. Surendran (Respondent No. 3). The report that falsely branded the Complainant as a “convict abroad” and denied his lawful ownership of overseas establishments—contradicting certified judicial orders and trade documents of the Abu Dhabi Judicial Department.
Though the Hon’ble Supreme Court of India and Hon’ble High Court of Delhi acknowledged his legal position, in Kerala, the law’s machinery embraced falsehood, cloaking institutional deceit in procedural robes and perpetuating denial of justice.
The Petitioner’s plea before this Hon’ble Court in 2009 seeking a CBI inquiry was dismissed without any verification or due process, this fabricated report became the foundation of multiple per incuriam judicial orders.
On 2012, the Petitioner exercised his statutory right and filed a Private Complaint under Section 190 r/w 200 CrPC before the Judicial First-Class Magistrate Court, Chavakkad. After examining documentary evidence and sworn witness depositions, the Magistrate took cognizance and issued process against Respondent No. 4 for offences under Sections 403, 406, and 420 IPC, registering C.C. No. 884/2014. Respondent No. 4 wilfully evaded summonses and sought quashing instead of facing trial.
When the Petitioner sought transparency through the RTI Act, the Investigating Officer claimed that the case file had been “destroyed by termites and ants.” Yet the courts continued to rely on the same fabricated report—even without the record’s existence. The shock is not merely in the falsehood, but in its repetition: nearly eighteen years later, another Bench of this Hon’ble Court revived the very report already proven false, overturning the Magistrate’s order on the claim that the report was not considered. In doing so, the Court disregarded certified judicial instruments from the UAE Courts—documents that carry legal force in India under Section 44A CPC and the 17 January 2020 Reciprocating Territory Notification. This was not an oversight; it was the system choosing convenience over truth.
Pursuant to a remand by this Hon’ble Court, the matter resurfaced before the Magistrate Court, Chavakkad. Instead of adjudicating on the evidence, the successor Magistrate adopted the discredited police report and, in paragraph 6 of her order, held that “the complainant had not revealed the truth,” portraying the forged document as her own creation. Such an endorsement of an admittedly false document—despite two decades of procedural evasion by the accused—constitutes fraud upon the Court and raises issues of judicial impropriety warranting serious consideration.
Meanwhile, the Petitioner’s innocence and legal rights had already been affirmed by the Abu Dhabi Apex Court (1996) and judicially acknowledged by the Delhi High Court (2007, per Justice S. Ravindra Bhat). The refusal of the Kerala Courts to give effect to these judgments violates the principle of reciprocal judicial respect and India’s constitutional commitment under Article 51(c) to honour international law and treaty obligations.
The Hon’ble Supreme Court in Reddy Veerana v. State of Uttar Pradesh (2025) reaffirmed that any judicial act obtained through fraud is a nullity, and that fraud vitiates all legal proceedings irrespective of procedural compliance. This doctrine applies squarely to the present case.
This Petition therefore seeks quashing of all proceedings founded on the fabricated police report, restoration of the legal validity of the foreign judicial instruments, and affirmation of the principle that justice cannot coexist with deceit.
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INDEX OF ANNEXURES
“The man falls silent; but the truth still speaks.”
A business deal in 1995 became a crucible of cruelty. Indian-origin UAE Investor wins court case in Abu Dhabi against royal-linked scam—but was dragged into a nightmare. Tortured in silence, his fingernails ripped out, his body broken, his breath stolen by cloth and fists. He woke up in a hospital, barely alive.
Multiple courts ruled in his favour, demands accountability, chains on the perpetrators, and freedom for the victim. But the regime ignored its own laws, mocks the gavel and openly defied the court.
