Delhi HC Rejects Neha Bora's Plea That Challenges Police Notice Asking Her To Execute Peace Bond Before SEM Court

The Delhi High Court on Friday rejected All India Students' Association (AISA) president Neha Bora's plea challenging a police notice asking her to execute a "peace" bond before a Special Executive Magistrate (SEM) court. The notice asked her to execute a Rs 10,000 bond with a surety to maintain peace during the inquiry.

The court has, however, issued certain directions to the magistrate, including furnishing all relevant material to Bora.

Earlier on Thursday, Justice Subramonium Prasad, after hearing the counsel for Bora and police for nearly three hours, reserved the order on the petition for Friday.

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Bora's Plea Seeks Relief From Coercive Action Against Her

Bora, who has been at the forefront of protests against the alleged irregularities in the Election Commission's special intensive revision (SIR) of electoral rolls, has sought quashing of the notice and directions to the police not to take any coercive action against her.

In her petition, settled by lawyer Abhik Chimni, Bora said that the police notice is vague, factually incorrect, and contains no material or information to substantiate the "likelihood" of breach of peace.

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It does not disclose a "period, occasion or event in relation to which breach is apprehended", the plea argued, and asserted that the proceedings are a "colourable exercise of preventive powers to suppress peaceful dissent, in violation of Articles 19(1)(a), 19(1)(b) and 21 of the Constitution".

Don't Need Permission To Hoist National Flag: Bora's Advocate

During the arguments, senior advocate Gopal Sankaranarayanan, representing Bora, submitted that there was no application of mind by the SEM while issuing the notice and that it was a mere cut and paste job. While referring to the Delhi Police notice which said that Bora hoisted the national flag without seeking permission, the counsel submitted that citizens don't need permission to hoist the national flag.

"Question is does this (notice) have substance? We don't need permission to hoist the national flag. They need a class on law," Sankaranarayanan said.

Delhi Police's Arguments

Additional Solicitor General Chetan Sharma, representing Delhi Police, raised objection on the maintainability of Bora's petition. He contended that at the time of issuance of notice, overwhelming material was available before the SEM who has applied his mind.

The notice, issued on October 17 under Section 126 Bharatiya Nagarik Suraksha Sanhita (BNSS), asked the student leader to appear before the SEM on October 19 and show cause why she should not execute a personal bond of Rs 10,000 with one surety "for keeping peace for a period of enquiry".

Section 126 empowers the SEM to enforce such bond signing if there is credible information that a person is likely to breach peace, disturb public tranquillity, or commit a wrongful act that may cause disturbance.

Neha Bora Was Detained On Oct 16

Bora was taken into preventive detention on October 16 when she was on her way to join the Cockroach Janta Party's (CJP) 'Lehra Do Tiranga' march. She was released on October 17.

(With Agencies Inputs)