The Delhi High Court is scheduled to hear a petition by All India Students’ Association president Neha Bora challenging a Delhi Police notice requiring her to appear before a Special Executive Magistrate and furnish a peace bond during an ongoing inquiry.
Bora has asked the court to quash the notice and direct the police not to take punitive action against her. The petition concerns a notice issued under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, which requires her to appear before the magistrate and explain why she should not be ordered to execute a personal bond of Rs 10,000 and provide a surety to maintain peace.
The hearing follows a request by Bora’s lawyer, Abhik Chimni. Justice Subramonium Prasad had adjourned the matter on the lawyer’s request on the previous day. The court is now scheduled to take up the petition on Thursday.
According to the report, the notice was issued to Bora on 17 October and directed her to appear before the Special Executive Magistrate on 19 October. Section 126 allows an executive magistrate to seek such a bond when there is credible information that a person may breach the peace, disturb public order or commit an act that could lead to unrest.
Bora was taken into preventive custody on 16 October while she was on her way to participate in the ‘Lehra Do Tiranga’ march organised by the Cockroach Janta Party. She was released on 17 October.
In her petition, Bora has described the police notice as factually incorrect and vague. She has argued that it does not contain material or information establishing an apprehension that she would breach the peace. The petition also says that the notice does not identify the period, occasion or event in relation to which a violation was allegedly feared.
The plea further contends that preventive powers were being used as a device to suppress peaceful dissent, allegedly violating the fundamental rights guaranteed under Articles 19(1)(a), 19(1)(b) and 21 of the Constitution. These provisions relate to freedom of speech and expression, the right to assemble peacefully, and the right to life and personal liberty.
The proceedings before the Special Executive Magistrate are linked to allegations concerning slogans raised at Mandi House on 16 October, repeated protests near Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and allegedly encouraging people to join a protest in Connaught Place on the same day.
The High Court’s hearing will determine the next stage of Bora’s challenge to the notice and the related proceedings before the executive magistrate.
