New Delhi, 22 October (H.S.):

The Delhi High Court on Thursday reserved its verdict on a petition filed by Neha Bora, national president of the All India Students’ Association (AISA), challenging a notice issued to her by the Delhi Police. A Bench headed by Justice Subramonium Prasad reserved its judgment after hearing detailed arguments from both sides. The court is scheduled to pronounce its verdict on October 23.

During the hearing, senior advocate Gopal Sankaranarayanan, appearing for Bora, argued that citizens did not require permission to hoist the national flag. Questioning the legal basis of the police notice, he maintained that no prior authorisation was necessary to raise the Tricolour and argued that the police needed to familiarise themselves with the relevant legal provisions.

He described the matter as a narrowly defined legal dispute concerning notices issued under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). He submitted that Bora was an AISA leader actively involved in public life. Referring to protests held across the country against government decisions, he maintained that his client had never incited violence and that all her demonstrations had been entirely peaceful.

Representing the Delhi Police, Additional Solicitor General Chetan Sharma questioned the maintainability of Bora’s petition. He argued that the law permitted Sections 126 and 130 to be invoked together and maintained that there was a possibility of a breach of peace.

Urging the court not to dismiss the matter on technical grounds, Sharma cautioned that the situation could lead to considerable disorder in Delhi. He described the police action as a preventive measure intended to ensure that the law operated in accordance with Parliament’s legislative intent.

In her petition, Bora has challenged an order directing her to furnish a personal bond of Rs 10,000 and maintain peace. On October 18, the Delhi Police issued her a notice directing her to appear before the Special Executive Magistrate on October 19. The notice required her to furnish a personal bond of Rs 10,000, backed by a surety, under Section 126 of the BNSS, undertaking to maintain peace during the proceedings against her.

Bora was taken into preventive custody on October 16, 2026, while she was on her way to participate in the ‘Lehra Do Tiranga’ march organised by the Cockroach Janata Party (CJP). The Delhi Police released her on October 17.

CJP founder Abhijeet Dipke was also taken into preventive custody under Sections 126 and 170 of the BNSS. The Delhi Police cited the apprehension of a breach of peace as the basis for his detention. The Special Executive Magistrate subsequently ordered his release on a peace bond of Rs 50,000, requiring him to maintain peace for one year.

CJP leaders Saurabh Das and Ashutosh Ranka were also ordered to be released on October 21.

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Hindusthan Samachar / Jun Sarkar