New Delhi, 24 October (H.S.): Neha Bora, national president of the All India Students’ Association (AISA), appeared before a Special Executive Magistrate at Mandir Marg Police Station on Saturday, where the magistrate provided her lawyer with documents cited by the police to substantiate their apprehension of a possible breach of public peace. In accordance with the Delhi High Court’s directions, Bora has been given until October 29 to file her response.

On October 23, the Delhi High Court dismissed Bora’s petition challenging a notice issued by the Delhi Police. During the hearing, senior advocate Gopal Sankaranarayanan, appearing for Bora, argued that citizens did not require permission to hoist the national flag.

He questioned the validity of the notice, maintaining that no permission was necessary to hoist the national flag and that the police needed to familiarise themselves with the relevant legal provisions. He also described Bora as an AISA leader actively involved in public life and noted that protests against government decisions had taken place across the country from time to time.

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 Bharatiya Nagarik Suraksha Sanhita (BNSS) to be invoked together, asserting that there was a possibility of a breach of peace.

Urging the court not to dismiss the proceedings on technical grounds, Sharma warned that serious disorder could occur in Delhi. He described the action as a preventive measure intended to ensure that the law was implemented 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. The notice required her to show cause why she should not 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 while on her way to participate in the ‘Lehra Do Tiranga’ march organised by the Cockroach Janata Party (CJP). She was released by the Delhi Police on October 17.

The proceedings relate to allegations of sloganeering at Mandi House, repeated protests in the vicinity of Jantar Mantar despite prohibitory orders, and allegedly instigating people to participate in a demonstration at Connaught Place on October 16. These allegations form part of the material cited by the police in support of the preventive proceedings.

The Delhi High Court, while dismissing Bora’s petition, directed the authorities to provide her with all the material relied upon in issuing the notice. It also instructed the Special Executive Magistrate to ensure compliance with the principles of natural justice before passing any order requiring her to furnish a bond.

Following her appearance on Saturday, the magistrate supplied the relevant documents to her counsel and granted her time until October 29 to respond. The proceedings will continue before the magistrate, who will consider the response and the relevant material before deciding on the matter.

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Hindusthan Samachar / Jun Sarkar