Court directs govt to restore the property to possession of Suraksha Diagnostic Centre at Pastuer Hills

A lower court on Wednesday directed the state authorities to remove the lock and restore the suit property to the possession of the Suraksha Diagnostic Centre (SDC).
The order was passed after the state officials accompanied by a police force arrived at the Suraksha Diagnostic Centre with the intention of dispossessing them from the premises. The state officials had put the premises under lock and key and taken possession.
The government wanted to utilize the premises for establishment of Shillong Medical College and the application for the same has been submitted to the National Medical Commission seeking approval for establishing a 50 seat Medical College.
The action was however taken despite order passed by the court on February 28, which had directed that no coercive steps should be taken till Monday.
In an order passed after hearing an instant petition filed by SDC, Judge, commercial court, Shillong DR Kharbteng said, “This court was under the impression that the OP (opposition party/govt) would not take any coercive steps till this matter is decided. However, the action of the OP in forcibly dispossessing the petitioner without following the due process of law is uncalled for, especially from the government.”
“Taking a cue from the aforesaid judgment, this court cannot turn a blind eye to the unlawful conduct to dispossess the petitioner from the demised property. If the court gives acceptance to such high-handed action, there will be no respect for rule of law and unlawful elements would take hold of the due process of law for ransom and it would be a field day for anarchy. Due process of law would be put to ridicule in the estimate of the law-abiding citizens and rule of law would remain a mortuary,” the court said.
“Hence, in view thereof, this court hereby directs that the OP shall remove the lock and restore the suit property to the possession of the Petitioner,” directed.
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