Order likely to be pronounced on Friday evening. Bora’s counsel argued that citizens don’t need permission to hoist the national flag.

New Delhi: The Delhi High Court on Thursday reserved its verdict on a petition by All India Students’ Association (AISA) national president Neha Bora challenging a notice that asks her to execute a personal bond of Rs 10,000 with one surety to maintain peace during an inquiry. Justice Subramonium Prasad, who heard both sides for nearly three hours, will pronounce the order on Friday, October 23, at 6 pm.

What the notice says

The notice was issued by a Special Executive Magistrate (SEM) under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It asked Bora to appear before the SEM and show cause why she should not execute the bond to keep the peace for the period of the inquiry. It followed her participation in the “Lehra Do Tiranga” protest on October 16 against Chief Election Commissioner Gyanesh Kumar over alleged “vote theft”. Reports say she was detained at Mandi House that day.

Bora has asked the court to quash the notice and the proceedings arising from it, and to restrain the authorities from taking coercive action against her.

Bora’s arguments

Senior Advocate Gopal Sankaranarayanan, appearing for Bora, called it a very narrow issue concerning notices under Sections 126 and 130 of the BNSS. He argued that the notice does not disclose any material showing a likelihood of a breach of peace, which is a precondition for preventive proceedings. He also called the notice mechanical, saying a preliminary inquiry is essential before asking anyone to respond on an interim bond.

Her counsel argued that citizens do not need permission to hoist the national flag, and that there is nothing wrong with seeking a change of government in a democracy.

The State’s response

Additional Solicitor General Chetan Sharma, appearing for Delhi Police, questioned whether the petition was maintainable. He argued that the notice has not resulted in any bond or penal consequence, and only starts proceedings and gives Bora a chance to respond. He also cited six FIRs against Bora, as well as her joint press conference with other leaders, as justifying preventive action. Bora denies wrongdoing, and the allegations are untested.

The court’s questions

The bench examined whether the final paragraph of the notice, which asks Bora to show cause why she should not execute a bond, was premature. It observed that the notice’s purpose is to ask Bora to satisfy the magistrate during the inquiry, and that the magistrate may decide after that. It asked whether the petition was in effect a reply to the show-cause notice. The question at the heart of the case is whether the notice meets the BNSS requirements for preventive proceedings.

What happens next

The order is expected on Friday at 6 pm. The outcome will decide whether the notice stands, or is set aside or modified.