The Delhi High Court on Thursday reserved its order on a petition by All India Students' Association (AISA) president Neha Bora challenging a Delhi Police notice that asked her to furnish a personal bond of Rs 10,000 with one surety to keep the peace, and said the order will be pronounced on October 23. Justice Subramonium Prasad heard arguments for nearly three hours, according to Law Trend.
Source: Law Trend
PTI reported that the court said it would pass its order on October 23 on Bora's plea against the notice. The notice was issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by a Special Executive Magistrate, directing her to appear on October 19 and explain why she should not be required to execute the bond during the inquiry.
Source: PTI via Dailyworld
Bora was taken into preventive detention on October 16 while travelling to take part in the 'Lehra Do Tiranga' march and was released the next day, Bar and Bench reported. In her petition, she has sought cancellation of the notice and directions restraining the police from taking coercive action, arguing that the notice is vague and does not disclose material showing a likelihood of a breach of peace.
Source: Bar and Bench
Appearing for Bora, senior advocate Gopal Sankaranarayanan argued that no permission is needed to hoist the national flag and that calling for a change of government is not unlawful in a democracy. He submitted that Bora had called for a peaceful protest and had neither incited violence nor exhorted anyone to commit an offence, India Legal reported.
Source: India Legal
Additional Solicitor General Chetan Sharma, appearing for the Delhi Police, opposed the petition and questioned its maintainability. He submitted that the Special Executive Magistrate had sufficient material before him and had applied his mind while issuing the notice, and that the call for regime change had to be assessed in its surrounding circumstances.
The High Court will pronounce its order on October 23. Bora has challenged proceedings under Sections 126, 130 and 135(3) of the BNSS, which govern preventive action to secure bonds for keeping the peace.
