Prohibitory order on Phoenix Mall not a complete ban: HC

NT Correspondent

Bengaluru: The High Court of Karnataka, during a special hearing on Sunday, ordered the Bengaluru police not to take any precipitative action against the Phoenix Mall of Asia until the matter is sorted or it passes an order.

A day after the Bengaluru Police Commissioner B Dayananda had issued an order stating that public access be restricted to the Phoenix Mall of Asia between December 31, 2023, and January 15, 2024, the company approached the High Court.

The Commissioner had passed the Prohibitory Order under Section 144 of the Criminal Procedure Code.

Appearing for the petitioner-company, senior advocate Dhyan Chinnappa, had questioned the legality of the order "restricting public access to the mall to prevent annoyance and disturbance to public tranquillity and provide safe environment for traffic and public at large."

In his counter-argument, Advocate General Shashikiran Shetty submitted that the order had been passed after taking into consideration all the relevant factors, not only the traffic congestion, pollution and other inconveniences caused to the public at large, but also keeping in view the law and order, which might go out of hand.

According to him, the city police are the best judge in assessing the situation and had passed the order in the interest of the public.

Justice Kamal noted that the matter could be resolved with the joint deliberations of the petitioner and the city police authorities because both were stakeholders in the matter and their decision would impact the public at large.

When the court reassembled around 12.50 pm, Chinnappa said the petitioner-company would voluntarily close the mall for a day on December 31 (Sunday) to show it’s bona fide commitment to solve the issue of traffic congestion.

Chinnappa also said that the petitioner be permitted to use the mall from January 1, 2024 until a mutual resolution of the issue was arrived at between the petitioner and the police for the benefit of the public keeping in view of all the concerns expressed by the police police, or till court heard the petition in detail.

The Court said that prohibitory order imposed by Bengaluru Police Commissioner for "restricting public access to Phoenix Mall of Asia" shall neither be treated as an order completely prohibiting or preventing use of the mall for its business purposes nor completely prohibiting and preventing the public from having access to it.