Bengaluru’s Mall of Asia closed on 31 December after police order restricted entry

It might be recalled that KRV activists recently launched an aggressive campaign in Bengaluru, urging traders and businessmen who owned shops and commercial establishments in Bengaluru to dedicate 60 percent of the space on the boards to Kannada.

This campaign gained momentum over the past few months, particularly after an incident involving the management of Mall of Asia in the Hebbal area of Bengaluru.

The mall had sent a legal notice to KRV activists after they demanded that the management install a Kannada nameboard matching the size of its English one.

“When we questioned the mall management about not employing Kannadigas, they not only warned us not to interfere in their administrative affairs but also threatened us, stating that the city of Bengaluru had more than 70 percent people from the North. They said if they stood together, the locals would flee from Bengaluru,” a KRV activist told South First.

Related: Bengaluru police shut down Phoenix Mall of Asia till 14 January citing traffic congestion

The police order

The order came from the police department after Bengaluru City Joint Commissioner of Police (Traffic) MN Anucheth, Deputy Commissioner of Police (North East division), and the police inspector of Kodigehalli prepared reports based on intelligence inputs hinting at an exigent situation that might arise during the New Year’s Eve festivities and the holidays thereafter.

Even though the mall management was aware of the reason it was being shut down temporarily, the city police maintained that the closure of the mall was due to traffic congestion caused by hundreds of vehicles that would arrive at the mall ending up in queues at nearby roads.

High court’s orders

The high court 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 2 January.

Following the police Commissioner’s order under Section 144 of the Criminal Procedure Code directing restriction of entry of the public to the Mall between 31-12-2023 and 15-01-2024, the mall approached the high court. The high court 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 high court noted.

Related: KRV members in judicial custody over violent pro-Kannada protest

Earlier police notices

The Mall at Byatarayanapura, Yelahanka Hobli is on the Ballari Road leading to the Kempegowda International Airport and opened to the public on 22 October 2023.

The police issued a notice on 11 October 2023 seeking information about the precautionary measures taken by the mall management about parking facilities, and regulation of traffic among others.

The mall responded on 20 October. Thereafter the police after gathering information available and intelligence passed the order on 30 December restricting public entry.

The order cited congestion, noise pollution, and inconvenience to the public in surrounding areas.

On Christmas Eve, there was a 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.

Mall’s counsel’s arguments

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 said the mall should restrict public access to the premises.

It was also submitted that the issue was not so grave that it needed such serious action.

The high court 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 high court 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 high court directed that the decision and the solution arrived at be submitted to the court on 2 January and adjourned the hearing.

Also read: Pro-Kannada activists vandalise establishments

(With PTI inputs)