Court dismisses bail plea of Aloysius priests in house demolition case

Mangalore, Jul 16: The Second Additional Sessions Judge, Mangalore, has dismissed an anticipatory bail application filed by two priests of St Aloysius College, Mangalore–Fr Cyril D'Mello and Fr Francis D Almeida–both of whom are the principal accused in the case of illegally demolishing a house.

It could be recalled here that on June 26, the above two priests, along with the Rector Fr Denzil Lobo and their lawyer M P Noronha brought a JCB and demolished the residential house in which John Baptist Lewis and his daughters were residing since decades and the family has been on the streets since that date.

A group of over 40 persons who included anti-social elements and students of the college physically manhandled the old man and his young daughters and demolished the structure burying everything that belonged to them in the debris after taking away all the original documents which belonged to Lewis. Even though the dispute was subjudice before the Civil Court, the priests resorted to the extreme step.

The police have only arrested the JCB driver and the three workmen and the Sessions Court has refused to release them on Bail through the order passed on Tuesday.

The police have so far failed to arrest the two main accused, who after a period of two weeks, applied for anticipatory bail. Their application was strongly opposed by justice M F Saldanha who has taken up the case in the public interest.

In his affidavit, he pointed out to the Court that these priests have not only acted high handedly and illegally but that they have been using their money power and influence to avoid arrest. It is demonstrated that they have no respect for the law or for the pending cases or for the Court(s) and that they have committed Contempt of Court and are disqualified from any relief.

Justice Saldanha also pointed out to the Court that these are serious offences in which bail cannot be granted and that their arrest and custodial interrogation is essential to trace out and prosecute the remaining 40 persons who had participated in the offence, one of whom is the vice principal of the college, who is also absconding.

The court upheld these contentions and dismissed the anticipatory bail application filed by the priests.

Meanwhile, in a strongly worded notice, addressed to the Police Commissioner, Justice Saldanha has pointed out that this incident which has sent shock waves in the public mind indicates a total breakdown of law and order and that after latest court order, the police must arrest all the accused persons immediately.