The Delhi High Court has dismissed a petition filed by All India Students’ Association (AISA) president Neha Bora challenging a Delhi Police notice that directed her to furnish a personal bond of ₹10,000 and one surety to “maintain peace during an inquiry”.
The notice was issued following her participation in the “Lehra Do Tiranga” march on October 16.
Pronouncing the order, Justice Subramonium Prasad stated, “I am rejecting the writ petition at this juncture”. Q3qHowever, the court issued specific directions instructing the special executive magistrate (SEM) to ensure that Bora is provided with all material relevant to the ongoing proceedings.
Background of the Notice and BNSS Provisions
The notice was issued by the Delhi Police on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It required Bora to appear before the SEM on October 19 to explain why she should not furnish the personal bond and surety to maintain peace. Under Section 126 of the BNSS, an SEM is empowered to demand such execution of bonds when credible information indicates a potential breach of peace, public tranquillity, or disturbance.
In her petition, drafted by lawyer Abhik Chimni, Bora contended that the notice was vague, factually incorrect, and devoid of any supportive material or information showing she was likely to breach peace.
Detention and Allegations Surrounding the March
Bora was taken into preventive detention on October 16 while traveling to join the Cockroach Janta Party’s ‘Lehra Do Tiranga’ march at Connaught Place in New Delhi, and was subsequently released on October 17.
The proceedings before the SEM stem from allegations of sloganeering at Mandi House on October 16, repeated protests near Jantar Mantar in violation of prohibitory orders under Section 163 of the BNSS, and allegedly instigating individuals to join the demonstration. During court arguments, Bora’s senior counsel submitted that citizens do not require permission to hoist the national flag and maintained that seeking regime change is not unlawful in a democracy.
