Mall of Asia kept closed on Dec 31 keeping in mind police's apprehensions, management tells HC
Bengaluru (PTI): At a special hearing of a petition by the Phoenix Mall of Asia challenging the order passed by the City Police Commissioner to "restrict access to the public" to the mall between December 31 and January 15, the mall management promised to keep it shut on December 31 considering the apprehensions raised by the police.
The court recorded the submission of the Mall and the police that deliberations would be held to sort out the issue and arrive at an amicable solution.
A meeting was scheduled at the police Commissioner's office at 3 PM on Sunday and the decision would be submitted to the High Court at the next date of hearing on January 2.
The HC bench of Justice MGS Kamal directed that "no precipitative action shall be taken till the matter is resolved amicably or further order is passed by the Court" and posted the hearing to January 2.
Following the police Commissioner's order under Section 144 of the Criminal Procedure Code directing restriction of entry of public to the Mall between 31-12-2023 and 15-01-2024, the Mall approached the HC. The HC noted the urgency and heard the matter on Sunday.
"The petitioner is before this court and considering the urgency pleaded, the matter is listed today," the HC noted.
The Mall at Byatarayanapura, Yelahanka Hobli is on the Ballari Road leading to the Kempegowda International Airport and opened to the public on October 22, 2023.
The police issued a notice on October 11, 2023 seeking information about the precautionary measures taken by the mall management about parking facilities, regulation of traffic among others.
The mall responded on October 20. Thereafter the police after gathering information available and intelligence passed the order on December 30 restricting public entry.
The order cited congestion, noise pollution and inconvenience to the public in surrounding areas.
On Christmas eve, there was major congestion caused by people visiting the mall.
Citing this and the apprehension that the situation would result in the commission of cognizable offences in the future, the order was passed.
The counsel for the mall argued that the order was unsustainable as it did not meet the parameters of Section 144 of the CrPC.
It was also claimed the order was ambiguous as it says the mall should restrict public access to the premises.
It was also submitted that the issue was not so grave that it needs such serious action.
The HC in its order clarified the police order that "Restricting public access to Phoenix Mall of Asia shall not be read as an order completely preventing the petitioners from conducting business."
"It is a matter of deliberation between the petitioner and respondent. This is only a matter of implementation of the order," the HC said.
The Court said that the order has to be passed in its letter and spirit but if it is ambiguous, it becomes unsustainable.
Recording the submission that the meeting would be held the same day, the HC directed that the decision and the solution arrived at be submitted to the court on January 2 and adjourned the hearing.
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Nitish Kumar's son Nishant among 32 to take oath as Bihar ministers
Patna (PTI): In a major expansion of the Cabinet of Bihar's first BJP-led government, JD(U) supremo Nitish Kumar's son Nishant Kumar and 31 others took oath as ministers on Thursday in the presence of Prime Minister Narendra Modi and Union Home Minister Amit Shah.
Altogether 32 leaders, drawn from all constituents of the five-party NDA in the state, were administered the oath of office by Governor Lt Gen (Retd) Syed Ata Hasnain at a grand ceremony that was also attended by Defence Minister Rajnath Singh and Union Health Minister J P Nadda and BJP president Nitin Nabin.
Prominent inductees included Nishant Kumar, the son of JD(U) president Nitish Kumar, who stepped down as chief minister last month to enter the Rajya Sabha.
The BJP, which is the single largest party in the 243-member assembly with 89 MLAs, has 15 ministers, who took oath on Thursday.
Most of the inductees were those who were part of the Nitish Kumar cabinet formed in November last year after the NDA stormed back to power in the assembly polls.
The JD(U) is represented by a total of 15 ministers, 13 of whom took the oath at the Gandhi Maidan on Thursday. Vijay Kumar Chaudhary and Bijendra Prasad Yadav had taken oath in April along with Samrat Choudhary and were designated as deputy chief ministers.
Sanjay Kumar Singh and Sanjay Kumar Paswan, both from the Lok Janshakti Party (Ram Vilas) headed by Union minister Chirag Paswan, are back as ministers, and so are Santosh Kumar Suman and Deepak Prakash, sons of Union minister Jitan Ram Manjhi of the Hindustani Awam Morcha and Upendra Kushwaha of the Rashtriya Lok Morcha, respectively.
