Nri arrested on complaint by indian embassy staff

Querist : Anonymous (Querist) 16 April 2023 This query is : Resolved
One staff of indian emabssy filed a case, claiming to be embassy of india, without any due authorization, against me with saudi police and I was in jail for 100 days .
When My mother approached kerala High Court, the embassy submitted an affidavit saying they did not file any case.
But they submitted a different affidavit in Saudi court, saying I have accepted my guilt and is seeking pardon.
Because of that, I was convicted and now stranded in saudi arabia, without job or legal status.
How can I force Embassy to submit a true affidavit to authorities and cancel the punishments I am suffering.

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An Indian national was jailed for 100 days in Saudi Arabia following a complaint filed by an Indian Embassy staff member, who allegedly acted without authorisation. The situation became complicated when the embassy submitted conflicting affidavits: one to the Kerala High Court stating they did not file a case, and another to the Saudi court claiming the individual admitted guilt. This led to a conviction, leaving the person jobless and without legal status in Saudi Arabia. The individual is seeking a way to compel the embassy to provide a truthful affidavit to cancel the punishments.

Sudhir Kumar, Advocate (Expert) 16 April 2023
You have narrated the following facts :-

• One staff of indian emabssy filed a case,

• He filed case claiming to be embassy of india,

• He filed the case without any due authorization,

• Case was filed against you.

• The case was before saudi police

• You were in jail fin jail for 100 days .

• Your mother mother approached kerala High Court,

• the embassy submitted an affidavit (apparently in Kerala High Court) saying they did not file any case.

• Embassy had submitted a different affidavit in Saudi court

• In affidavint before soudi court it was stated that saying you have accepted guilt and is seeking pardon.

• Because of that, you are convicted and now stranded in saudi arabia, without job or legal status.

There is a lot incohererance and vagueness in the matter :-

1. What was the allegation.
2. Before whom you admitted guilt.
3. What was the language of the affidavit filed in suadi Arabia
4. What was the language of the affidavit filed in India
5. How are these affidavits contradictory
6. When the subject matter was in Saudi court then how and for what relief Indian court was approached.
7. When you are already convicted in Saudi Arabia then why you are not deported.

A clarification on the above points and study of the related papers, is absolutely necessary for forming a concrete view on the subject matter.

P. Venu (Expert) 16 April 2023
The facts posted lack clarity. May be, the Embassy official could have filed the case in his personal capacity.

All the more, most of us in India are unaware of the laws in Saudi Arabia or how its works or the procedure.

Only a local lawyer or, better, the Embassy itself is better placed to assist you. It is the solemn obligation of the Embassy to extent all possible assistance to the Indian citizen in trouble.

Dr J C Vashista (Expert) 17 April 2023
Vague facts.
It is advisable to consult and engage a local prudent lawyer for better appreciation of facts of the case, professional guidance and necessary proceeding.

Sudhir Kumar, Advocate (Expert) 17 April 2023
clarification of above doubts will lead to a conclusion as to whether at all he need to fight back.

T. Kalaiselvan, Advocate (Expert) 18 April 2023
You have stated that the in a case before Kerala High court the embassy had given a statement that there ws no case filed by the embassy, it may be true because as you narrated it was a case filed by a staff of embassy and not the embassy, hence without any valid reason the embassy cannot give an affidavit before the Saudi court.
Thus it can be seen that the embassy has not involved in this matter at all, hence you better clarify the details as sought by an expert above if you are really serious about finding a solution to this.

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