The Meghalaya High Court recently addressed the demolition of St. Anthony's Lower Primary School, a colonial-era structure located in Don Bosco Square, Shillong. The building was considered to have significant architectural and historical value, potentially qualifying it as a heritage site. The school's management proceeded with its demolition, prompting legal scrutiny and subsequent contempt proceedings.
The issue came to the forefront when a Public Interest Litigation (PIL) was filed, highlighting the building's heritage significance and challenging its demolition. The court had previously issued a contempt notice to the school's management, expressing serious concerns over the demolition conducted during the court's vacation period. The court emphasized that, although no formal order restrained the demolition, proceeding with it during the court's recess was seen as a challenge to its authority and an interference with the administration of justice, amounting to criminal contempt.
In response to the court's notice, the members of the school's management submitted affidavits expressing their utmost respect for the court and tendered an unqualified apology. They explained that on January 4, 2025, the building was found to be tilting, posing an imminent danger to life and property. Acting on the advice of a contractor, they decided to demolish the structure without approaching the court, citing the urgency of the situation.
The court, upon reviewing the affidavits, acknowledged the genuine remorse shown by the school's management. Drawing upon the teachings of Jesus Christ, the bench observed that forgiveness is a virtue, especially when the wrongdoer is genuinely remorseful and seeks forgiveness. The court noted that similar precepts exist in other religions such as Hinduism, Buddhism, and Jainism. Consequently, the court accepted the unqualified apology tendered by the management and decided to close the contempt proceedings.
This decision underscores the court's recognition of genuine remorse and its willingness to exercise leniency when appropriate. It also highlights the importance of adhering to legal protocols, especially when dealing with structures of historical and cultural significance. The court's approach serves as a reminder of the balance between upholding the rule of law and exercising compassion in the face of genuine contrition.
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