The partial demolition of Sin Chung primary school in Butterworth is a sad story.

Lawyers representing the school are using a delaying tactic by mounting a technicality attack on the eviction order. Even they succeeded in doing so at the appeal stage at High Court; this is not enough to stop the developer for filing afresh another eviction order.

As stipulated under the federal constitution, land is under the ambit of the state list. The state authority has to be accountable for this saga. The verbal promise of the Penang chief minister to allocate the building fund is in fact created a legitimate expectation which has legal force.

I wish to refer to Article 3(1) of the International Convention for the Rights of The Child (CRC) in which Malaysia has acceded in 1995:

"In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration."

In the Sin Chung case, the developer has sent bulldozers to pull down the toilet and canteen during the school time. The manner of the eviction enforcement is against the spirit of Article 3(1) of the CRC.

Suhakam should step in to form an inquiry panel to protect the interest of the children.