The Meghalaya High Court, on Tuesday has issued a notice of contempt of court against five individuals of the Don Bosco Technical School Shillong management for demolishing the Assam-type colonial structure of the St. Anthony’s Lower Primary School, while it was hearing a public interest litigation (PIL).
These five individuals are – Sagi Stephen Parappilly, Arcadius Puwein, Edmund Gomes, Dianetius Fernandez and Cyril Tirkey.
While hearing the PIL, a division bench of the Meghalaya High Court consisting of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh stated, “We take a very serious view of this matter. Although there was no formal order restraining demolition of the building, this act prima facie is most daring challenge thrown to the authority of the court and interference with the administration of justice, amounting to criminal contempt. We take cognizance of it as one on the face of the court.”
The notice is returnable on February 24, 2025 to show cause as to why they should not be punished for criminal contempt of this court by being presently present at the first sitting of the court.
The division bench of the court stated that it is most perplexed and shocked at the most daring act committed by the management of the St. Anthony’s Lower Primary School, after its order dated December 9, 2024.
The court stated that the PIL was initiated on the allegation that the school was run in an Assam-type colonial structure of significant architectural and historical value and which was fit to be declared as a heritage building, nevertheless, the management of the school was proceeding to demolish it.
According to the court to rule out any vested interest involved in this litigation, it directed notice of the application to the school authority so as to hear them along with the petitioner and the respondent State on the issue whether the building was heritage and should be preserved, by stalling its demolition and restructuring.
“By our order dated 9th December, 2024, we directed the State to make an inspection and conduct an inquiry under the Meghalaya Heritage Act, 2012 and to report to this Court on the heritage value of this building,” the High Court stated.
The division bench of the court stated that as the school was not represented, it thought it fit not to pass any order affecting it, in its absence.
“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 make an inquiry into the status of the building, they would not make the exercise infructuous by proceeding with the demolition work,” the court stated.
The court stated that K. Khan, Additional Advocate General has duly submitted a report before it and it was found out that on December 16, 2024 an inspection and inquiry was duly made under the aforesaid Act.
The court said that the most important part of the report is that this school overlooks Don Bosco Square where the statue of Don Bosco is located and it overlooks the façade of the school.
“Don Bosco Square is a very important and popular public place of Shillong. Further, according to the report the building as such does not classify to be declared as heritage. 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, Meghalaya was that the building should be listed as a heritage building under the said Act,” the court stated.
According to the court the Joint Director and Member of the Meghalaya Heritage Sub-Committee Urban Affairs, Meghalaya recommended that considering his view the State should issue necessary directions with regard to “construction” or “alteration” concerning the building.
The division bench stated that it is clear as daylight that on December 16, 2024 the building was existing but today, it is submitted by the counsel for the school that the building has been entirely demolished and therefore, nothing remains of this PIL and it has been effectively destroyed by the school authority even before its consideration by the court.
According to the court to prevent any further contemptuous act or aggravation of contempt and as an interim order, it directs that no further activity with regard to demolition, construction or alteration of the existing building of the said school shall be carried out until further orders of this Court.
The court also directed the police to ensure strict compliance of this order.
The next hearing on the PIL will be on February 24, 2025.
