The first 21 days of my prison life was in an
underground lockup at the 'Asma' police station.
It was an overcrowded cell with a sort of "sardine
treatment". Even elementary facilities
to lie down or even a sheet was not provided
to sleep on. Thereafter the police took me to"
Al Wathba Central Prison", Abu Dhabi. At
the entrance, there were small cabins. I spent
the very first day in one of those cells. They completely
shaved off my head with a primitive type of
instrument, a torture indeed.
Whenever inmates
of the prison go out of the cell they also get
shaved off their head. When inside, photographs
are taken for identification. After seizing
all my belongings including my cloths, they
provided two shirts and two pants not of suitable
size, indeed blue coloured rags, 2 blankets,
a plastic cup and a plate intended to collect
food. Both were broken and unhygienic. When
I asked for a change, a policeman showed to
me another shelf with worse material, playing
a cruel joke on a helpless prisoner. After spending
one day for complying with prison formalities,
I was despatched to block No.9.
I
was lodged there for a week and simply released
the next day. When I enquired about my brother
who was taken into custody along with me, I
was informed that my brother would be released
in a few days.
I was enquiring about my brother and I visited
the police headquarters alongwith my sponsor.
We met the section incharge and enquired about
my brother. After reading the file, the police
incharge was surprised as to how I was released!
Then I was re-arrested and sent back to the
Al Wathba central prison block No. 10.
The
block 10 at central prison on the ground floor of a three storied structure.
A round shape hall consisting of 21 Nos. of
smaller rooms for more than two hundred prisoners.
There were six latrine and three bathrooms but
most of them were not in useable condition,
thus leaving only one latrine and a bathroom
for over two hundred prisoners.
The Wathba Central prison is overcrowded with
over three thousand prisoners. In scorching
heat of the desert, within concrete cages, prisoners
are made to live in inhuman conditions without
the basic necessities of life. The food was
most unpalatable and unhygienic. Prisoners sustain
their life with fermented camel meat and wormy
foodgrains and clamoured there for a glass of
cold water in the hot summer days. Not even
a fan provided in those concrete cages. Many
prisoners were dumped in the corridors and pinning
for a little cool breeze. Even a breath of fresh
air was a precious boon! The heartening fact
is that many innocents are made to languish
here under the banner of criminals which cast
a stigma on them for life.
The
prison authorities srtictly prohibited outside
food. The prisoners were cut off completely
from outside. Prisoners had no access to daily
news not to say about electronic media. They
were victims of perpetual torture, mentally
and physically. For elementary rituals in cleanliness,
the prisoners were provided with a 100 gm. bathsoap
along with 200 gm. of detergent, for a period
of 50 - 60 days.
The food schedule was as follows:
In the morning: A glass of tea, a piece of bread
with a trickle of jam or film of cheese.
Lunch at noon : An oily rice preparation with
a piece of camel meat or the like. Occasionally,
an orange or an apple.
In the evening : A piece of bread, Lentil curry
and a glass of tea without milk.
No other item is provided by the authorities.
For many weeks, we couldn't get a tooth brush.
Local inmates usually get toothpaste, brush,
writing papers and pens through their special
visitors. The plea to get a special visit, always
used to be rejected by the public prosecutor.
At
the central jail there was a normal visiting
schedule, every Thursday, from 4 to 6 P.M (2
hours) and on every Friday between 8 and 11
AM. (3 hours) males can visit the inmates. In
order to get a place in the long queue, the
visitors would have to start their journey at
midnight.
The visiting room is constructed with
an area of 3 x 4 meters, with two line steel
fencing. It is the only visiting area for the
entire male prisoners of the central jail. At
every nook and comer police were posted. In
the dense crowd, it is very difficult to get
in and to see the visitor. A visitor can bring
cigarettes for their prisoners. Only permitted
item is cigarette for the normal visitor.
There
is a clinic in the jail compound. But meant
only for the locals and other Arabic citizens.
No action would be taken by authorities if prisoners
fall sick.
The
entire electrical system in the cells are controlled
from outside by guarding police, who never bother
to use it in a proper way, for weeks the light
may be on and for weeks, it may be in total
darkness.
The
prisoners were regularly flogged alleging that
they violated some rule or other. A person resorting
to hunger strike gets 10 Nos. of "major
flogging". It can entail delay in his release
from the Jail.
Only
Indian, Pakistani and Bangladesh prisoners were
called for cleaning duties.
During
the entire period of detention, we were subjected
to all forms of humiliation, mental agony and
unimaginable pain. Though the prison with appealing
exterior has been constructed, that remained
only a show-piece for the police administration
to parade before visiting personalities from
the outside world. We, along with three thousand
other prisoners in the central prison had been
subjected to the most cruel torture and deprivation
of basic amenities.
The X-rays and other medical
documents would demonstrate the pitiable conditions
of us. The physical injuries inflicted on us,
had endangered the health and the life of ours.
This had the effect of reducing us to nervous
wrecks.
I
suffered huge losses for non-communication and
by not allowing me to have meeting with any
person or to sign any paper with the outside
world. This resulted in the cancellation of
contracts and liability to pay damages to
various departments, contractors, dealers and many and varied financial obligations.
Since, I was the prime operator of my Trading
and Contracting establishments,
my absence would have its natural consequence
of throwing the different works of the establishment
out of gear.
The
prisoners look for the day when they are presented
in Court as that is the only occasion when they
could breathe fresh air and see the outside
world and fellow human beings. The very process
of journey to Court is an ordeal. The prisoners
are informed about their production in Court
only the previous day. Such prisoners who are
to be produced before the Court are picked up
from different prison cells. The process starts
soon after midnight.
The 120 km. trip to the
Court and the return there from through desert
in harsh hot weather, thus often become ordeals
and created agonising situations. Most of the
prisoners fall sick for a long duration of about
two weeks after every such Court trip.
Whenever a prisoner is taken out of the jail,
they will be dragged with shackles, manacled
and cuffed on both hands and legs. Such inhuman
treatment is inflicted even on women contrary
to all injunctions of Islamic faith. We had
been handcuffed and legs placed in the painful
grip of fetters on all twenty seven occasions
when we were taken from prison to Court to face
the trial, in an armoured covered truck. Even
when its capacity was 15 persons, about 50 persons
were packed like salted fish making each one
gasp for breath during the journey.
On reaching
Court premises, the prisoners are all again
packed in a small and narrow room without any
ventilation whatsoever. The local prisoners
are permitted to smoke there by the support
of policemen. We, non-smokers were choked by
the dense tobacco smoke gathering inside the
tiny hole without any air -outlet. The Court
finds time only to deal with a very few cases
and most of the cases get adjourned. After returning
from the Court, every prisoner was usually subjected
to an examination by Alsatian dogs.
I
was informed by the jail authorities that we
had been charged with "using force against
Government employee and assault".
My
case was actually taken up for trial only after
five months. The Court listened to the evidences
of eye-witnesses saying as to a policeman was
holding an iron bar of one meter length in his
hand, threatening anyone who came near the office
premises of the accused and was shouting "Indian,
Pakistani and Bangalis all are thieves and procurers
" 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. An early trial
was therefore ordered. It was after such a trial
that a verdict totally condemning the conduct
of Hassan Saeed, the police and the prosecution
agency was rendered.
The Court acquitted me and my brother of the
said charge and ordered an investigation into
the crime commited by the local man and the
police. But the agony and pain of us did not
come to an end and the office of the Public
Prosecutor, Abu Dhabi, filed an appeal in the
Court of appeal of Abu Dhabi against the decree
/ order of the legal Court of the first instance.
On 19-5-1996, the appeal was set for hearing.
We were granted bail on the same day of the
appeal. However, despite the acquittal and bail
and sureties we were not released from prison.
Acquittal
By The Appeal Court (Final Judgment) |
The
Court of appeal after deliberations came to
the conclusion that the complaint against us
were false. Evidence deducted by the appellate
court found that, they had not committed any
offence and they were free from all acquisitions.
The operative part of the Judgment which clearly
revealed the malafides and the arbitrary way
in which the poilce department and Hassan Saeed
acted. It further reiterated the condemnation
of the prosecutor. An excerpt from the appellate
judgment is 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 and 3 of the
penal procedure code. And it is proved in this
case that the policemen alongwith the local
went to arrest the accused, without any right
and curtailed his freedom "
A copy of the order of the Court of appeal is
enclosed herewith. A good number of witnesses
from different nationalities who did not care
the threat of local police and public prosecution,
dared to explain the facts. This was an unusual
occurence in their country and this indeed helped
the Court. But since the opportunity to protest
is not permitted in their judicial system, all
these efforts remained in vain. We continued
languishing in jail and all our right to liberty
as envisaged and enshrined in the laws governing
UAE and the International Laws were abrased
without any reason.
On
28-9-1996, an order was passed by Captain Hamad
Ahmed, the Head of the Security Affairs Department,
Ministry of Interior, UAE that by virtue of
an administrative decision, me and my brother
be deported back. The reasons of deportation
was the same as was the charge levelled against
us.
Despite the acquittal, by the Court of first
instance and the Court of appeal, the deportation
order was passed without assigning any reason
or hearing. The copy of the deportation letter
is also enclosed herewith. This executive order
of the police official was immediately implemented
and me along with my brother were deported back
to India.
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