Top Stories’Frivolous’ Plea To Protect Pending Ram Temple Artefacts At Ayodhya:Supreme Court Partially Waives Cost And Closes The Matter Mehal Jain20 Nov 2020 11:30 PMShare This – xNoting that such pleas “create aspirations” and “disrupt emotions”, the Supreme Court on Friday partially waived the costs imposed on the petitioners for two ‘frivolous’ PILs seeking preservation of artefacts recovered from the Ram Janmabhoomi site at Ayodhya, with the warning that such ventures not be indulged in in the future.On July 20, the writ petitions were dismissed with costs of Rs….Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginNoting that such pleas “create aspirations” and “disrupt emotions”, the Supreme Court on Friday partially waived the costs imposed on the petitioners for two ‘frivolous’ PILs seeking preservation of artefacts recovered from the Ram Janmabhoomi site at Ayodhya, with the warning that such ventures not be indulged in in the future.On July 20, the writ petitions were dismissed with costs of Rs. One lakh on each of the petitioners, to be deposited with the Supreme Court Employees’ Mutual Welfare Fund within one month. Subsequently, it was noted that the Advocate for the petitioners, instead of depositing Rs. 4,00,000 as there are four petitioners, has filed proof of depositing the cost of Rs. 1,00,000/ only, which was deposited on 20.08.2020 barred by time by 1 day. Since, the counsel for the petitioner did not deposit the amount as directed by the Court on 20.07.2020, the matter was listed before the Court under Order 1 Rule 3 of Supreme Court Rules 2013 on 16.10.2020 when the Registry was directed to prepare a fresh office report, furnish copy thereof to the advocate on record for the petitioners and list the matter on 20th November.On Friday, the bench of Justices A. M. Khanwilkar and B. R. Gavai appreciated the affidavit where the petitioners have explained the circumstances in which an amount of Rs.1,00,000/- came to be deposited despite the order dated 20th July. Senior Advocate Meneka Guruswamy appearing for the writ petitioners urged that the petitioners come from a very humble background and have realised their mistake, that they were ill advised to pursue the proceedings.”Learned senior counsel has beseeched this Court to show indulgence and compassion to the petitioners who have already deposited the amount of Rs.1,00,000/-. We accept this request made by the petitioners on condition that they should not indulge in such misadventure in future. The delay in depositing the amount of Rs.1,00,000/- (rupees one lakh only) is condoned and that amount be treated as full and final costs paid by the petitioners in terms of order dated 20th July, 2020″, said the bench.”We are deeply and profusely sorry. There was some genuine confusion. We have explained it in the affidavit. We are tendering an unconditional apology”, pleaded Senior advocate Meneka Guruswamy, for the petitioners, at the outset.”There were two writ petitions. We thought the costs were of Rs. 1 lakh on both”, she urged.”Now that you have this clarity, when will the balance amount of Rs. 3 lakhs be deposited?”, asked Justice A. M. Khanwilkar.”That will destroy the petitioners. One is a labourer, the other is a PHD student. We have annexed the salary slips, their designation, occupation…I am appealing to the compassion of this court. They made a mistake, please forgive them!”, prayed the senior counsel.”This is not that simple. Aspirations, emotions are created by such petitions! That is the problem. An emotional issue was disrupted by this petition!…What was your challenge?”, asked Justice Khanwilkar.”We were only on the preservation of artefacts, nothing else. And that is also being done by the government now”, urged Ms. Guruswamy.Justice Khanwilkar indicated the July 20 order of the court dismissing the petitions- “What is intended by the petitions is to reopen the issue that has been given a quietus by this Court. After long drawn litigation, digging of all trenches of allotted area of site of Ram Temple is sought for. This is nothing but a sheer attempt to reopen the issue to scuttle the judgment rendered by this Court on 9.11.2019. The petitions are absolutely bereft of merits and with frivolous prayers. Shri Tushar Mehta, learned Solicitor General of India, has categorically stated that whatever has been found, will be preserved. However, we find that the kind of prayer made in the petitions virtually tantamounts to seeking reconsideration of the matter under the guise of grey areas, to do further digging of the entire site of various trenches which is nothing but a vain bid to get rid of the judgment of this Court and to start litigation de novo under the guise of the Act of 1958 and to preserve site and artefacts under the Act of 1958. Thus, we find the petitions to be wholly frivolous, perverse and without merit. Such petitions ought not to be filed with the ulterior purpose of starting a litigation afresh, praying for entire digging of various trenches. The petitioners intend that whatever monument at the Temple site and artefacts unearthed need preservation, is nothing but an attempt to dilute the judgment rendered by this Court.””This is the reason why the order was passed”, said Justice Khanwilkar.”I was there. Incidentally, I happened to be there when it was argued. It was argued differently, de hors the prayers. It was not argued as innocuously as the prayers”, interjected SG Tushar Mehta.”The SG is misleading the court! I didn’t get any chance to advance arguments”, argued Ms. Guruswamy.”Justice Gavai was there on that bench”, pointed out Justice Khanwilkar.”We are just praying for some compassion, that is it!”, she pressed.”There were also some newspaper reports regarding the filing of the petition?”, asked Justice B. R. Gavai.”We had annexed some newspaper reports. To my knowledge, there were no reports regarding the filing of the petitions. I don’t appear in such matters”, replied the senior counsel.”This is rather common”, commented the SG.”This is the new normal! File a petition and place it in social media immediately!”, remarked Justice Khanwilkar.”Sometimes they are filed only for this!”, added the SG.”That is astonishing and unbecoming! I don’t appear for such causes”, repeated Ms. Guruswamy.”Let’s not go into that”, commented the SG.”Take the advice of the SG or you will be digging yourself more”, said Justice Khanwilkar in good humour.”I always take his advice. I am looking for Your Lordships’ compassion and the SG’s graciousness”, said Ms. Guruswamy.”Justice Gavai wants to accept your plea for compassion. We don’t want the petitioners to suffer because of your advice”, observed the bench.”I am deeply obliged”, said the senior advocate.”Perhaps you should fund the costs!”, said Justice Khanwilkar in a lighter vein.”I am entirely unfunded myself!”, replied Ms. Guruswamy.”Yes, they should pay. The petitioners could be merely name-lenders”, remarked the SG.The bench inquired from the SG as to his view. “Once Justice Gavai has spoken, I bow down. But Your Lordships may consider imposing a token cost. A message should go! The highest court of the country can’t be treated like this”, said the SG.”Yes…somebody is coming from here, somebody from there”, noted Justice Gavai.”That has already been done. A cost of Rs. 1 lakh has already been paid”, said Ms. Guruswamy.”We have shown our indulgence, but no such ventures be undertaken in the future”, ordered the bench.”I am deeply grateful”, said Ms. Guruswamy.”You should be grateful to the SG. He was kind enough to not oppose”, said Justice Khanwilkar.”I am always grateful to him. Always looking to learn from him”, said Ms. Guruswamy.A bench of Justices Arun Mishra, B.R. Gavai and Krishan Murari had on July 20 dismissed the petitions and said that a five-judge bench has already given its verdict and this is an attempt through PIL to overreach the judgment. The bench said that a cost of Rs 1 lakh each is imposed on both the petitioners which should be paid within one month. Subsequently, it was clarified that since there were 4 petitioners, the quantum of the costs was Rs. 4 lakhsClick Here To Download Order[Read Order]Next Story
Ecuador fights drug trafficking Guatemala should be “more concerned” about possible violence in the wake of the capture of El Chapo because it shares a border with Mexico, which is home not only to the Sinaloa Cartel but also Los Zetas and other transnational criminal organizations, Rivera said. The Sinaloa Cartel and Los Zetas have moved 90 percent of their drug trafficking operations to Central America to smuggle cocaine into the United States, according to the UN. Both Mexican organized crime groups transport drugs from Central America to the United States through partnerships with Guatemalan gangs. Those gangs include Barrio 18, Los Mendoza, Los Lorenzana, Los Chamales, and Mara Salvatrucha (MS-13), which originated in El Salvador but also operates in Guatemala. Colombian drug trafficking groups may also try to take control of drug trafficking routes the Sinaloa Cartel has been using in Guatemala, according to Asturias. The Sinaloa Cartel, through the criminal gang Los Rastrojos, controls drug cultivation and methamphetamine labs on the border with Ecuador. They also control the guerrilla group’s drug crops and laboratories in Norte de Santander, one of the strategic areas where coca is transported to Venezuela. During the last two years, the Sinaloa Cartel has attained greater control of drug trafficking routes in Colombia, Rodríguez Luna said. El Chapo exerted control over smaller organized crime groups by providing money and weapons to them, which gave him leverage in negotiations, the security analyst said. With the capture of El Chapo, these organized crime groups “will seek to negotiate better conditions in terms of profits,” Rodríguez Luna. Security forces in Ecuador, Guatemala, and Colombia have made great strides in the fight against drug trafficking. The authorities of these countries and other partner nations in the Americas must remain vigilant in the fight against transnational criminal organizations, the three security analysts said. El Chapo is being held in the Altiplano maximum-security prison in the state of Mexico. El Chapo is a neighbor of the former leader of Los Zetas, Jaime González Durán, known as “El Hummer.” The Mexican Federal Police (PF) arrested González Durán in 2008. El Hummer is serving a 72-year prison sentence for kidnapping and organized crime. The greatest danger is if that fight spreads throughout the Central and South Americas which are sensitive regions regarding transnational security. CRACK DOWN ON DRUG TRAFFICKING It’s time the government capture those monsters that bring terror to our country with the damned drugs.7 I like this information That’s fine but what happens with those that use it; that’s another problem and it’s a very serious one worldwide. I liked the intelligence of the police because if I’m not mistaken, they had already captured him the first time. Very good, go on and thank you for keeping us informed. The World Health Organization should issue more publications on the damages that drugs cause to health. It is unbelievable that there are people interested in the decriminalization of drugs, unaware of how many people die from an overdose. Legalize drugs so that they pay taxes. Excellent articles… only Dialogo can have a specific vision of the current Latin American situation. The capture is a good thing, but as long as they don’t cut the octopus’s head, its tentacles will remain active. This is very good and informative. It’s not a matter of whether they like it or not. Personally, I think that decriminalizing or legalizing drugs with high taxes would be the biggest blow for drug trafficking, since: 1) it would end cartels, 2) it would prevent all the killing caused by the competition between them, 3) there would be more control over the usage, 4) the States (their governments) would eliminate a heavy expense from their budget, and they would receive an income that they are not receiving currently by having to deal with the health expenses caused by drug addiction. It was the same with alcohol. Its consumption was legalized and the killings ended. Just ask Chicago. The recent capture of drug kingpin Joaquin “El Chapo” Guzman, leader of the Sinaloa Cartel, could prompt changes in the organization’s criminal operations in Latin America, according to Armando Rodríguez Luna, a security analyst at the National Autonomous University of Mexico (UNAM). The Sinaloa Cartel operates in Colombia, Ecuador, Guatemala, Honduras, and El Salvador. The organized crime group forms alliances with local gangs to transport drugs, usually cocaine, from South America north to Mexico, the United States, and Canada. The Sinaloa Cartel also transports cocaine from the Caribbean to Europe, Africa, and Australia. The Sinaloa Cartel has also forged partnerships with two Hong Kong mafias to acquire precursor chemicals used in the manufacture of highly addictive synthetic drugs. The organized crime group uses the chemicals to manufacture methamphetamines in Guatemala, Honduras, and El Salvador, officials have said. Sinaloa Cartel operatives, including members of local gangs, pick up the precursor chemicals from ports in Guatemala and Honduras, then drive the chemicals in SUVs to clandestine labs. With El Chapo incarcerated, the Sinaloa Cartel’s operations in Latin America could be altered, Rodríguez Luna said. The Sinaloa Cartel is the largest and most powerful transnational criminal organization in the world, but with El Chapo incarcerated, it could break up into smaller drug trafficking groups, Rodríguez Luna said. What is next for the Sinaloa Cartel? The fall of Pablo Escobar Mexican Marines capture ‘El Chapo’ By Dialogo March 09, 2014 Possible violence in Guatemala A similar fragmentation may occur now that El Chapo is incarcerated, the security analyst said. A breakup of the Sinaloa Cartel could unleash a wave of violence in Latin America and in Mexico, as El Chapo’s lieutenants fight for power, the security analyst said. “This would be typical of a realignment of roles, part of a realignment of power,” Rodríguez Luna said. “The small cartels – the ‘cartelitos’ – would try to fill the gaps, and El Chapo’s lieutenants may fight over the structure of the organization and profits.” Members of the Sinaloa Cartel in Colombia, Guatemala, El Salvador and Ecuador are watching to see who will take El Chapo’s place as leader of the transnational criminal organization. El Chapo may be replaced by his top lieutenant, Ismael “El Mayo” Zambada, according to published reports. “There is a lot of money at stake, hitmen, high-powered weapons, and drugs,” Rodríguez Luna said. The Sinaloa Cartel traffics drugs to the United States, Canada, Europe, Africa and Asia — 50 countries in all, according to the U.S Drug Enforcement Administration. Mexican Marines and police agents captured El Chapo in the early morning hours on February 22, 2014 inside a condominium in Mazatlan, in his home state of Sinaloa. Security forces captured the fugitive drug kingpin without firing a single shot. The capture ended a 13-year search for the fugitive drug lord, who escaped from a Mexican prison in 2001. While the capture of El Chapo is a major blow against the Sinaloa Cartel, the transnational criminal organization will continue to operate, according to Rodríguez Luna and two other security analysts, Freddy Rivera of the Latin American Faculty of Social Sciences (FLACSO), which is based in Ecuador, and Sandino Asturias of the Center for Guatemalan Studies (CEG). The transnational criminal organization has a stable structure, which will allow it to operate with El Chapo in custody, the security analysts said. The capture of El Chapo may not have an immediate impact in Ecuador, where the Sinaloa Cartel relies on alliances with local gangs to transport drugs, Rivera said. In the short term, Ecuador may experience an increase in violence, as Colombian and Peruvian criminal organizations and other Mexican cartels attempt to take advantage of El Chapo’s capture by trying to take control of key drug trafficking routes, the security analyst said. Drug trafficking adjustments in Colombia Security forces in Ecuador are gathering intelligence on the reaction of drug trafficking groups to the capture of El Chapo, Rivera said. Ecuador is prepared to cooperate with the security forces of other partner nations to combat drug trafficking, Rivera said. The Sinaloa Cartel works with Ecuadorian gangs to transport drugs throughout the country and north of the border. Ecuador is not a drug-producing country, but it is used as a storage place and transport route by the Sinaloa Cartel, the Revolutionary Armed Forces of Colombia (FARC), and organized crime groups from Russia, Nigeria, and China, according to the World Drug Report 2013, issued by the United Nations Office on Drugs and Crime (UNODC). The Sinaloa Cartel, through the criminal gang Los Rastrojos, controls drug cultivation and methamphetamine labs on the border with Ecuador. It also controls the guerrilla group’s drug crops and laboratories in Norte de Santander, one of the strategic areas where coca is transported to Venezuela. Ecuador is one of the ten countries around the world that has had the most success in recent years in the fight against drug trafficking operations, according to the report. Drug traffickers move around 120,000 kilograms of cocaine from Colombia and Peru through Ecuador every year, according to the report “Situation Analysis of Drug Trafficking, A Police Perspective”, prepared by the American Police Community (AMERIPOL). That is what happened to international Colombian drug cartels which Latin American security forces broke up in the 1990s, Rodríguez Luna said. For example, in December 1992, Colombian security forces killed Pablo Escobar, the leader of the Medellin Cartel. The cartel had produced and transported cocaine to Mexico, the United States, and Canada. The cartel had its own airplanes, and flew huge amounts of cocaine to the U.S. After the death of Escobar, the Cali Cartel took over the international cocaine trade for about two years, until security forces captured its leaders. By the mid-1990s, smaller organized crime groups, like the Norte del Valle Cartel and the BACRIM were controlling the cocaine trafficking trade in Colombia and other parts of Latin America, according to Rodríguez Luna.
Ten-man West Ham eased the pressure on manager Sam Allardyce as they climbed out of the relegation zone with a 2-0 win at Cardiff. Fraizer Campbell, Craig Noone and Mark Hudson failed to convert the best chances for the hosts, who replace West Ham in the bottom three, and this will have outlined to Ole Gunnar Solskjaer the task he will face in keeping the Bluebirds up. Allardyce’s position has been under severe scrutiny in the wake of heavy cup defeats against Nottingham Forest and Manchester City, and the Hammers lying 19th the table. The mood at Cardiff may have been lifted by Solskjaer’s arrival but with the Bluebirds a point and a place above the drop zone it was little surprise there was such a nervy start. Cardiff survived an early scare when West Ham hit the post inside three minutes. Stewart Downing’s cross missed everyone and cannoned out of the far post, where Tomkins’ follow-up was smothered by David Marshall. Tomkins’ return from injury had provided a timely boost for Allardyce who is without the likes of Winston Reid and James Collins. But he lost another defender in the eighth minute when Guy Demel went down. Campbell had just failed to connect with Peter Odemwingie’s cross and when the ball was quickly put back into the box the striker collided with Demel and Roger Johnson. Johnson’s elbow appeared to strike Demel and the Ivorian required lengthy treatment before being stretchered off with a suspected broken elbow and facial injuries. The long disruption ensured there was little flow on the resumption until George McCartney, on for Demel, blocked superbly from Craig Noone. Press Association Cardiff looked the more likely to score and they thought they had in the 32nd minute. Kim Bo-kyung’s shot deflected off Johnson, struck the bar and appeared to cross the line as it came down. No goal was given and Campbell gave away a foul as he bundled Adrian and the ball over the line. But replays showed the Goal Decision System had been correct, with the ball landing on the line. Noone was again denied, this time by Adrian, before the visitors opened the scoring. Matt Taylor picked out Jarvis, and the winger’s weighted pass gave Cole an easy tap in. That prompted Solskjaer to hand fit-again Craig Bellamy a first appearance since November 9 in place of Odemwingie. It nearly paid immediate dividends as the veteran’s free-kick found an unmarked Hudson, who headed over. McCartney survived penalty shouts for handball and what looked like a clear push on Campbell, before the striker worked Adrian from Bellamy’s pull-back. It was all Cardiff and West Ham were pegged further back when Tomkins saw red as he picked up a second booking for a foul on Campbell after earlier being cautioned needlessly for dissent. But West Ham survived and Noble finished a sweeping break from Carroll’s pass to secure the spoils. Carlton Cole was on hand to convert from close range from Matt Jarvis’ excellent pass, before James Tomkins was sent off in the second half. But Mark Noble sealed the win in stoppage time, and with Andy Carroll making a first appearance of the season as a substitute this was a good day for Allardyce with co-owners David Gold and David Sullivan in attendance.