'Jesus Taught Us To Forgive': Meghalaya HC Accepts Apology Tendered By Don Bosco Management For Demolishing Heritage School Building

LIVELAW NEWS NETWORK

21 March 2025 4:30 AM

  • Jesus Taught Us To Forgive: Meghalaya HC Accepts Apology Tendered By Don Bosco Management For Demolishing Heritage School Building

    The Meghalaya High Court on Wednesday (March 19) accepted the unqualified apology tendered by the Don Bosco Technical School Shillong Management for demolishing the building in the criminal contempt proceedings concerning the demolition of St. Anthony's Lower Primary School in Don Bosco Square, Shillong, which was a heritage building belonging to the colonial period.The division bench of...

    The Meghalaya High Court on Wednesday (March 19) accepted the unqualified apology tendered by the Don Bosco Technical School Shillong Management for demolishing the building in the criminal contempt proceedings concerning the demolition of St. Anthony's Lower Primary School in Don Bosco Square, Shillong, which was a heritage building belonging to the colonial period.

    The division bench of the Chief Justice I. P. Mukerji and Justice W. Diengoh observed:

    “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”

    The Court was hearing a PIL and the criminal contempt proceedings regarding the demolition of St. Anthony's Lower Primary School in Don Bosco Square, Shillong.

    By its order dated February 24, the Court directed the contemnors to file affidavits regarding the following:

    • Why this allegedly imminent danger to the building and the need to demolish it was not brought to the notice of the vacation bench and appropriate leave obtained to demolish the building?
    • When the matter was made returnable on the very next day of reopening of the Court on 28th January, 2025, why during the vacation of the Court, the building had to be demolished, when it was allowed to stand for all this while?

    The Court perused the affidavits filed by the alleged contemnors, being members of the Board of management of the school. The affidavits stated that the alleged contemnors have the greatest respect for the Court.

    Further, it was stated in the affidavits that the alleged contemnors had and have no intention of disobeying the orders passed by the Court and every intention of obeying them. They further tendered an unqualified apology and prayed for forgiveness.

    The alleged contemnors stated that on January 4, 2025, the building was found to be tilting and they 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 noted that it does not find the above explanation wholly convincing.

    It was observed by the Court that in the exercise of contempt jurisdiction, the Court has the option of punishing the alleged contemnors or forgiving them. It was further noted by the Court that 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,” the Court said.

    However, the Court directed that the management of the school shall strictly comply with the order dated February 24, 2025 passed by the Court.

    Accordingly, the Court disposed of the PIL and connected application.

    Case Title: Shri Raphael Warji v. State of Meghalaya & Ors.

    Case No.: PIL No. 11 of 2024

    Click Here To Read/Download Order

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