BENGALURU: The Karnataka High Court on Tuesday adjourned till Friday hearing of the petition filed by Phoenix Mall of Asia questioning the legality of the order passed by the city police to restrict public access to the mall to prevent to public disturbance and provide hassle-free traffic.
Continuing the interim order passed by the court earlier till the next date of hearing, the court adjourned the hearing after the city police sought two more days to find a solution in compliance with the court’s order.
In the interim order, the court had made it clear that the police should not take any precipitative action against the mall till the issue is resolved amicably, or till further orders passed by the court.
Justice Sachin Shankar Magadum passed the order after the state government informed the court that deliberations were going on and two meetings were held to find out a solution pursuant to the court’s order on December 31 and two more days were required to continue the deliberations and submit the outcome of the meeting.
After hearing the petition filed by Sparkle One Mall Developers Private Limited, which runs the mall located in Byatarayanapura on Ballari Road, in a special sitting on December 31, the court had clarified that prohibitory order issued by the City Police Commissioner to restrict public access to mall shall not be treated as prohibiting or preventing public from access to the mall.
The Commissioner of Police passed the prohibitory order on December 30 under Section 144 of the Criminal Procedure Code in view of traffic congestion due to vehicles waiting to enter the mall piling up on the road. The petitioner contended that the said order is unconstitutional as it amounts to closing down the mall.
On the other hand, the state government contended that the impugned order does not result in the closure of the mall or the business as it does not restrict the opening of the mall, entry of shop owners or employees, but restricts the entry of public into the mall.