SHILLONG, Jan 28: The High Court of Meghalaya has taken a serious view of the “contemptuous” demolition of the 123-year-old building of the St Anthony’s Lower Primary School by the institute’s management.
Hearing a PIL in the matter on Tuesday, a Division Bench comprising Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh observed that the demolition after the court’s December 9, 2024, order for inspection of the building was perplexing and shocking.
The PIL (public interest litigation) was initiated on the allegation that the school was run in an Assam-type colonial structure of significant architectural and historical value fit to be declared as a heritage building.
Nevertheless, the management of the school proceeded to demolish it. To rule out any vested interest involved in the litigation, the school authority was given a notice for a hearing along with the petitioner and the respondent state on whether the building was a heritage structure and should be preserved by stalling its demolition and restructuring.
On December 9, the bench directed the state to inspect the building under the Meghalaya Heritage Act of 2012 and submit a report to the court on its heritage value. As the school was not represented, the court deemed it fit not to pass any order.
“Hence, we did not make a formal order restraining further demolition activity. It was expected from the school that when they were noticed, their presence required in court and the state directed to inquire into the status of the building, they would not make the exercise infructuous by proceeding with the demolition work,” the court said.
The court found from the report submitted by Additional Advocate General Khalid Khan that the inspection was carried out on December 16, 2024. The most important part of the report is that the school overlooks Don Bosco Square, a popular public place in Shillong, where the statue of Don Bosco is located.
According to the report, the building alone does not qualify to be a heritage structure.
However, on a combined view of the square, the statue of Don Bosco and the façade of the school facing it, the recommendation of the joint director and member of the Meghalaya Heritage Sub-Committee Urban Affairs was that the building should be listed as a heritage building under the said Act.
He recommended necessary direction from the state about “construction” or “alteration” concerning the building.
It was clear that the building existed on December 16, the court observed.
On Tuesday, the school’s counsel submitted that the building had been demolished.
“Therefore, nothing remains of this PIL and it has been effectively destroyed by the school authority even before its consideration by the court. We take a very serious view of this matter,” the court said.
“Although there was no formal order restraining demolition of the building, this act prima facie is the most daring challenge thrown to the authority of the court and interference with the administration of justice, amounting to criminal contempt,” it added.
Taking cognisance of the above, the court directed a notice under the Contempt of Courts (High Court of Meghalaya) Rules, 2013, to the Don Bosco Technical School management, namely Sagi Stephen, Parappilly Arcadius, Puwein Edmund Gomes, Dianetius Fernandez, and Cyril Tirkey returnable on February 24 to show cause as to why they should not be punished by being presently present at the first sitting of the court.
To prevent any further contemptuous act or aggravation of contempt and as an interim order, the court directed that no further activity concerning demolition, construction, or alteration of the existing building of the said school shall be carried out until further orders.
The local police authorities have been directed to ensure strict compliance of the order.
