New Delhi, Oct. 24: The Delhi High Court has dismissed a petition filed by All India Students Association (AISA) national president Neha Bora challenging a notice requiring her to execute a personal bond of ₹10,000 with one surety to maintain peace during an inquiry. The notice followed her detention at Mandi House during an anti-Chief Election Commissioner protest on October 16.
Justice Subramonium Prasad observed that adequate safeguards were in place. He directed the Special Executive Magistrate to provide Bora with all relevant materials and take necessary precautions before passing any order in the inquiry.
Bora had challenged the notice dated October 17, issued under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), read with Section 135(3). These provisions concern preventive proceedings intended to prevent breaches of peace.
Delhi High Court Upholds Proceedings Against Neha Bora
Senior advocate Gopal Sankaranarayanan, representing Bora, argued that the October 16 protest was peaceful and that she had never called for violence. He also submitted that seeking a change of government was a legitimate part of democratic expression.
The counsel contended that the notice was issued mechanically without a proper preliminary inquiry. He argued that authorities needed sufficient material before asking Bora to furnish an interim bond.
Additional Solicitor General Chetan Sharma opposed the petition. He argued that Section 126 allows authorities to act on information indicating a likelihood of a breach of peace. According to him, the provision does not require that such information already be established as evidence or fact.
Bora sought the quashing of the notice and related proceedings. She also requested protection against coercive action by the authorities.
According to her petition, she had called for a peaceful gathering at Mandi House at 5 pm on October 16. The gathering was intended to include the unfurling of the national flag at Central Park in Connaught Place as part of protests against the Chief Election Commissioner.
Bora alleged that police detained her around 5:30 pm, took her to an undisclosed location and later moved her to R.K. Puram Police Station. She claimed she was held overnight and released at 6 am on October 17.
The notice, which she received on October 18, referred to alleged sloganeering at Mandi House, repeated protests near Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and claims that she instigated people to join the October 16 protest at Connaught Place.
Her petition argued that the notice did not disclose material establishing a likelihood of a breach of peace, which she said was necessary to initiate preventive proceedings.
The petition was heard with senior advocate Gopal Sankaranarayanan appearing for Bora, assisted by advocates Abhik Chimni, Pranjal Abrol, Moksha Sharma, Ayan Dasgupta, Gurupal Singh, Kartik Venu, Vishal Sinha, Kanishk Garg, Indumugi C and Aayushman Aggarwal. ASG Chetan Sharma appeared for the respondents with Central Government Standing Counsel Ashish Dixit.
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