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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UP: Misled by GPS navigation, car falls into river from partially constructed bridge, 3 dead
Bareilly (UP), Nov 24: Three people died when their car fell into the Ramganga river from a partially constructed bridge here on Sunday, police said, adding that they suspect the driver was misled by its navigation system into taking the unsafe route.
The accident occurred around 10 am on the Khalpur-Dataganj road when the victims were travelling from Bareilly to Dataganj in the Badaun district, they said.
"Earlier this year, floods had caused the front portion of the bridge to collapse into the river, but this change had not been updated in the system," Circle Officer Ashutosh Shivam said.
The driver was using a navigation system and did not realise that the bridge was unsafe, driving the car off the damaged section, the police said.
There were no safety barriers or warning signs on the approach to the damaged bridge, leading to the fatal accident, Shivam said.
Upon receiving information, police teams from Faridpur, Bareilly and Dataganj police station rushed to the spot. They recovered the vehicle and the bodies from the river, Shivam added.
The circle officer said that bodies had been sent for post-mortem. Further investigation into the matter is underway.
— Bareilly Police (@bareillypolice) November 24, 2024
