Meghalaya HC disposed of criminal contempt case against Don Bosco Technical School members
The Meghalaya High Court on Wednesday disposed of the criminal contempt application against five members of the management of Don Bosco Technical School for demolition of the school building of St Anthony’s before consideration of Court with a rider that architecture of the building should be more or similar to the demolished one.
The order was passed after the alleged contemnors have stated that they have greatest respect for this Court. They had and have no intention of disobeying the orders passed by it and every intention of obeying them. They tendered an unqualified apology and prayed for forgiveness.
Further, their affidavits state that on 4th January, 2025, the building was found to be tilting. The alleged conternnors sought advice from a contractor who opined that it should be demolished to prevent danger to life and property. Acting on that advice, the building was demolished.
As the danger according to the opinion of the contractor was imminent, the Court could not be approached and demolition accomplished. However, the Court said it does not find this explanation wholly convincing’.
“The alleged contemnors are respectable Christian priests belonging to the Salesians of Don Bosco Order and running this heritage institution.
Jesus Christ taught us to forgive a wrongdoer. He preached that the satisfaction one gets out of forgiveness is much more than what is reached by inflicting the pain of punishment.
To our knowledge, Hinduism, Buddhism and Jainism also have similar precepts. It becomes more relevant when the wrongdoer is genuinely remorseful and pleads for forgiveness. We also appreciate the pleasing and submissive manner in which Mr. Chakrawarty presented the part of the affidavits of the alleged contemnors, praying for forgiveness,” the bench comprising Chief Justice IP Mukerji and Justice W Diengdoh said in its judgment.
“In the exercise of contempt jurisdiction, we have the option of punishing the alleged contemnors or forgiving them.
The prerogative of forgiving even an unacceptable act is with the Court.
Therefore, considering the status of the institution and of its management in society, the genuineness with which regret was expressed for the demolition and forgiveness prayed for, we dispose of this criminal contempt application without proceeding any further with it. However, it is with the rider that the management of the school shall strictly comply with our order dated 24th February, 2025…,” it said.
The order passed on February 24 stated: “The building has already been demolished. The students have been relocated to another place. It is a premier school in Shillong. The building restructuring plan has been approved by the Meghalaya Urban Development Authority. According to the respondent authorities, on a combined view of the square, the statue of the Don Bosco and the facade of the school facing it, the building should be declared as heritage.
Considering all the above facts, we permit the school management to rebuild but the plan and architecture of the building should be more or similar to the demolished one. If the approved plan has to be revised, it may be so done and duly approved by the Meghalaya Urban Development Authority. The management may proceed with the reconstruction work but shall not create any third party rights by transfer, creating encumbrance or parting with possession of the property without the leave of the Court.”
Accordingly, the bench has also disposed of the PIL on the matter.
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