New Delhi: The Delhi High Court on Friday dismissed All India Students’ Association (AISA) President Neha Bora’s plea challenging the notice issued to her demanding a ₹10,000 personal bond and a surety to maintain peace. This notice was issued during an investigation initiated after she participated in a protest in the national capital on October 16.
A single bench of Justice Subramonium Prasad dismissed the petition for now. However, the court directed that all documents and materials being relied upon in the proceedings be made available to Neha Bora. The High Court also directed the Special Executive Magistrate (SEM) to exercise due caution before passing orders during the investigation.
Notice issued on October 17
Neha Bora challenged the notice issued by the Special Executive Magistrate on October 17. This notice was issued under Sections 126 and 130 of the Indian Penal Code (BNSS) along with Section 135(3). It required her to enter into a bond to maintain peace.
During the hearing, senior advocate Gopal Sankaranarayanan, representing Neha Bora, argued that she was detained within 10 to 15 minutes of arriving at Mandi House in Delhi on the evening of October 16. He stated that Neha had neither committed any crime nor done anything that could have caused a breach of peace.
Calling her detention illegal, the lawyer also argued that Neha Bora had no connection with the separate call by the Cockroach Janata Party (CJP) to hoist the national flag in Central Park, Connaught Place, New Delhi.
Questions raised about the legality of the detention and notice
Neha Bora’s lawyer told the court that she was not even allowed to contact her family members or lawyers immediately after her detention.
The senior advocate argued that action was initiated against her without conducting the necessary preliminary investigation and without sufficient material to establish a likelihood of breach of the peace. The petition stated that the notice did not state any material establishing a likelihood of breach of the peace, a necessary condition for initiating preventive action under Section 126 of the BNSS.
The lawyer also argued that under Section 136 of the BNSS, the Special Executive Magistrate can only direct a person to execute a bond for maintaining peace or good conduct after an investigation has been completed.
Central Government opposes the petition
Opposing the petition, Additional Solicitor General Chetan Sharma stated that Neha Bora had committed 12 consecutive violations, which the magistrate had investigated.
He also referred to Neha Bora’s alleged “change of power” comment at a press conference. She argued that power change happens through votes, not through “unruly elements” in central New Delhi.
Detained before the October 16 protest
Neha Bora was among those detained by Delhi Police on October 16. Security was tightened in central Delhi that day in anticipation of a “Tricolour Assembly” proposed by the Cockroach Janata Party (CJP) in Central Park, Connaught Place.
The protest was scheduled to be held at 5 p.m., but the New Delhi Municipal Council (NDMC) refused permission. Following this, police increased security in the area and detained several people ahead of the proposed event.
Aries: The day will be auspicious...