
New Delhi, 23 October (H.S.): The Delhi High Court has dismissed a petition filed by Neha Bora, national president of the All India Students’ Association (AISA), challenging a notice issued by the Delhi Police directing her to furnish a personal bond of Rs 10,000, along with one surety, and maintain peace during an inquiry.
A Bench presided over by Justice Subramonium Prasad dismissed the plea after reserving its verdict on October 22.
During the hearing, senior advocate Gopal Sankaranarayanan, appearing for Bora, argued that citizens did not require prior permission to hoist the national flag. Questioning the legal basis of the notice, he asked whether it had any substantive justification, maintaining that no authorisation was necessary to unfurl the Tricolour. He also argued that the police needed to familiarise themselves with the relevant legal provisions.
Describing the matter as a limited legal dispute, Sankaranarayanan said it concerned proceedings under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). He told the court that Bora was an AISA leader who was actively involved in public life and that protests against government decisions had taken place across the country from time to time. He maintained that his client had never instigated violence and that the protests she had participated in were entirely peaceful.
Additional Solicitor General Chetan Sharma, appearing for the Delhi Police, questioned the maintainability of Bora’s petition. He argued that the law permitted Sections 126 and 130 of the BNSS to be invoked together and maintained that there was a possibility of a breach of peace. Urging the court not to dismiss the proceedings on technical grounds, he warned that serious disorder could occur in Delhi. He described the action as a preventive measure intended to give effect to the law in accordance with Parliament’s intent.
The Delhi Police issued a notice to Bora on October 18, directing her to appear before the Special Executive Magistrate on October 19. Under the notice, she was required to furnish a personal bond of Rs 10,000, backed by one surety, under Section 126 of the BNSS, undertaking to maintain peace during the inquiry.
Bora was taken into preventive custody on October 16, 2026, while on her way to participate in the Cockroach Janata Party’s (CJP) ‘Lehra Do Tiranga’ march. The 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 apprehensions of a breach of peace as the reason for his detention. Subsequently, the Special Executive Magistrate ordered his release on a peace bond of Rs 50,000, requiring him to maintain peace for one year.
CJP leaders Saurav Das and Ashutosh Ranka were also ordered to be released on October 21.
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Hindusthan Samachar / Jun Sarkar