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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IPL final shifted for bigger stadium, not ticket issue: Shivakumar
Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Wednesday rubbished allegations that the IPL final venue was shifted from Bengaluru to Ahmedabad due to the distribution of tickets to MLAs.
Speaking to reporters, Shivakumar said the reason for the shift could be the availability of a larger stadium in Ahmedabad.
“Ahmedabad has a large stadium and can accommodate more spectators. That must be the reason the IPL final was shifted there. There is no connection between ticket distribution to MLAs and the venue change,” he said.
When asked about reports linking the venue shift to MLAs demanding tickets, he quipped, “In some places, 50 per cent of tickets are reserved.”
When reporters said the BCCI had indicated that the decision was linked to ticket issues, he responded, “Let them make such statements. I will respond appropriately.”
Bengaluru was originally expected to host the final as the Royal Challengers Bengaluru were the defending champions.
Ahmedabad will host the IPL final for a second successive season on May 31, the BCCI announced earlier in the day, while allotting Qualifier 1 to Dharamsala and two other playoff games to New Chandigarh.
The board, however, said the final venue was shifted “owing to certain requirements from the local association and authorities that were beyond the scope of BCCI’s established guidelines and protocols.”
Shivakumar declined to comment on the revocation of the suspension of Muslim leaders in Davanagere, saying it was a party decision.
Regarding the removal of MLC Naseer Ahmed as CM Siddaramaiah’s political secretary, he said the chief minister had already spoken on the matter.
“The CM has his own information. Party office-bearers have provided guidance. He was given certain responsibilities, which he did not handle properly, which is why he was removed,” Shivakumar said.
On MLC Abdul Jabbar, who resigned as the state Congress minority cell chief and was later expelled from the party, he said Jabbar had submitted his resignation, which the party accepted.
The Congress in Karnataka faced internal dissent in April when several Muslim leaders objected to the party fielding Samarth Shamanur as its candidate for the recently held Davanagere South Assembly bypoll.
They demanded that a Muslim candidate be fielded, citing the constituency’s substantial Muslim population. The party subsequently took disciplinary action against three leaders, including Jabbar and MLC Ahmed.
When asked about his and the CM’s visit to Delhi, he said, “We will go when the high command calls us. It is not appropriate to go without being called.”
On Congress supporting TVK in Tamil Nadu, Shivakumar said the decision was taken to keep the "BJP out of power and strengthen secular forces." Elections to the 234 Assembly constituencies were held on April 23, and the results were announced on May 4.
The Congress party, a long-time ally of the DMK, announced its support for TVK to form a government in Tamil Nadu and severed ties with the Dravidian major.
The incumbent DMK was trounced by the fledgling Tamilaga Vettri Kazhagam, led by Vijay, who secured 108 seats. “Despite pressure from the AIADMK and BJP, TVK did not align with them. Our party has taken this decision in the interest of secular forces and the welfare of Tamil Nadu,” Shivakumar said.
