Bengaluru: High Court schedules hearing for petition related to Phoenix Mall on January 2nd

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01-01-2024

    Court directed police to not take any precipitative action until hearing

    Police blocking vehicle entry led to traffic disruption: petition

    The court contended that police order did not prevent business in Phoenix Mall

The High Court Of Karnataka directed the Bengaluru police to not take any precipitative action against the Phoenix Mall until a court hearing of the issue scheduled on January 2nd in light of a petition filed by the Sparkle One Mall Developers Private Limited which manages the Phoenix Mall. “Needless to note that any order passed by the executive should be capable of its effective implementation in its letter and spirit. If it carries any ambiguity or is incapable of implementation such order per se becomes unsustainable,” the Court noted. 

The court however made an observation that the police order cannot be read as “completely prohibiting or preventing use of the mall for its business purposes nor completely prohibiting and preventing the public from having access to it.” 

The petitioners argued that “CCTV footage has disclosed that traffic disruption caused by vehicles was not due to the petitioner but was mainly owing to the fact that the vehicle entry was blocked by the police resulting in a jam outside the mall.”

Earlier a prohibitory order was issued restricting public access to the mall between December 31st and January 15th “to prevent annoyance and disturbance to public tranquillity and provide a safe environment for traffic and public at large” under section 144 of the Criminal Procedure Code.

Bengaluru: High Court schedules hearing for petition related to Phoenix Mall on January 2nd

https://newsfirstprime.com/wp-content/uploads/2024/01/Phoenix-Mall-of-Asia-New.webp

    Court directed police to not take any precipitative action until hearing

    Police blocking vehicle entry led to traffic disruption: petition

    The court contended that police order did not prevent business in Phoenix Mall

The High Court Of Karnataka directed the Bengaluru police to not take any precipitative action against the Phoenix Mall until a court hearing of the issue scheduled on January 2nd in light of a petition filed by the Sparkle One Mall Developers Private Limited which manages the Phoenix Mall. “Needless to note that any order passed by the executive should be capable of its effective implementation in its letter and spirit. If it carries any ambiguity or is incapable of implementation such order per se becomes unsustainable,” the Court noted. 

The court however made an observation that the police order cannot be read as “completely prohibiting or preventing use of the mall for its business purposes nor completely prohibiting and preventing the public from having access to it.” 

The petitioners argued that “CCTV footage has disclosed that traffic disruption caused by vehicles was not due to the petitioner but was mainly owing to the fact that the vehicle entry was blocked by the police resulting in a jam outside the mall.”

Earlier a prohibitory order was issued restricting public access to the mall between December 31st and January 15th “to prevent annoyance and disturbance to public tranquillity and provide a safe environment for traffic and public at large” under section 144 of the Criminal Procedure Code.

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