Karnataka HC Stays Bengaluru Police's Shut Down Order On Phoenix Mall of Asia

The vacation bench of the Karnataka High Court on Sunday directed the Bengaluru Police to refrain from taking any immediate action against the Phoenix Mall of Asia until the issue is resolved amicably or until further court orders are issued.

It comes after the Bengaluru Police announced a restriction on public entry to the Phoenix Mall of Asia located on Bellari Road in North Bengaluru from December 31 to January 15.

The Court said, "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 developers of Sparkle One Mall contested the legality of the order issued by the Bangalore City Police Commissioner on December 30th. The directive, issued to the petitioner, mandated the "restriction of public access to the mall from 10 pm on December 31, 2023, to midnight on January 15, 2024, with the aim of preventing annoyance and disturbance to public tranquility and ensuring a safe environment for traffic and the general public."

Senior advocate Dhyan Chinnappa, appearing for the petitioners, contended that the initial order was untenable as it failed to meet the necessary criteria outlined in Section 144 of the CrPC. He described the order as "highly ambiguous" since it instructed the petitioner to "restrict public access" to the mall.

On his turn, Advocate General Shashikiran Shetty asserted that the order was issued after a comprehensive evaluation of various factors. He highlighted that the decision took into account not only issues like traffic congestion and pollution causing inconvenience to the public but also considered the potential risk to law and order that could escalate. According to him, the city police, being well-versed in assessing situations, issued the order in the public's best interest.

Earlier, citing sections 144(1) and 144(2) of the Code of Criminal Procedure, the police declared limited access to the Phoenix Mall of Asia, Bellari Road, Byatarayanapura, Yelahanka, starting from 10 am on December 31 until 11:59 pm on January 15, 2024.

Bengaluru City Police Commissioner B Dayananda stated that this measure aimed "to prevent annoyance and disturbance to public tranquillity and to ensure a safe environment for traffic and the general public."