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respond to father’s words plead The Union foreign ministry, which sought information from the Delhi High Court about his son who is allegedly jailed in the United Arab Emirates, will continue to engage diplomatically with Abu Dhabi authorities through the Indian embassy for information on the case.
The Commonwealth of India submitted the document in a brief affidavit through the foreign ministry after a court ordered it to obtain all relevant information related to the person from Abu Dhabi authorities in February.
Such was the case with Zakir Hussain, 54, who, despite repeated efforts by him and Indian authorities, had not shared with him reasons or details about why his son had been detained. His son, a software engineer, disappeared overnight on July 20-21, 2019, according to the petition.
The coalition government said the foreign ministry’s role was “extremely limited and narrow” as Hussein’s son was detained by Emirati authorities over crimes he allegedly committed in the UAE.
“The Respondent can at best pursue the matter with the UAE authorities through diplomatic and legal channels, but the Respondent’s authorities have no power or discretion to take the petitioner’s son back to India,” the response read.
In informal discussions with UAE authorities, the Indian embassy was informed that Hussain’s son had been sentenced to 15 years in prison, which was later reduced to 10 years and deported to India, the government said. complete the sentences. According to the affidavit, he has been held in an Abu Dhabi prison since January 24, 2020.
“As a result of the tireless efforts of the accused authorities, the embassy obtained consular permission three times to meet Mr. Salim in prison. According to the prison authorities, he will be released at the end of his sentence,” the federal government said.
The response also stated that in February 2022, the Indian Embassy also hired an authorized law firm in Abu Dhabi to obtain a copy of the judgment of the case, but various efforts failed to obtain the copy provided by the relevant court.
“However, these efforts have not yielded positive results. Therefore, the law firm has informed the embassy on 06.03.2023 that they will not Take longer to process cases. The embassy is looking for other law firms willing to take on the case,” the affidavit read.
It added: “The respondent indicated that the embassy has been and will continue to pursue the matter with the UAE authorities. However, the role of the embassy is limited as Mr. Salem has been sentenced by a foreign judicial authority and is currently serving his sentence.”
At a hearing on April 21, Spokesperson Shah Rukh Alam Submitted before on behalf of Hussain Judge Pratibah Singh While the Mutual Legal Assistance Treaty may not apply in this matter, there are other treaties that can provide relief to fathers.
However, the Indian Union insisted in the affidavit that it could ask the UAE authorities to consider the case under the Handover of Sentenced Persons Agreement if Hussain so desired.
While listing the matter for a May 12 hearing, the court asked a senior official from the foreign ministry or the Indian embassy in the UAE to join the proceedings virtually to inform of steps taken to assist Hussain.
In issuing the plea notice, the court has asked the Indian embassy in Abu Dhabi to coordinate with local lawyers and obtain details of any cases that may be brought against Hussein’s son or any other orders that may be passed against him.
In his plea, the 54-year-old said that while his son was allowed to call the family twice a week for about five to eight minutes each time, he was instructed to speak only English, adding: So far no grounds have been provided for his detention.
“It is argued that the lack of information is not only deeply disturbing but also prevents the petitioner from resorting to further legal remedies and actively prevents him from taking any legal action to bring his son back to India (including, but not limited to, proceeding under the 2003 application under the Prisoner Repatriation Act of 2009), the complaint states.
The request has been made through advocates Shahrukh Alam, Akriti Chaubey and Shantanu.
Title: Zakir Hussein v Union of India
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