New Delhi: The Delhi High Court on Thursday reserved its order on a plea filed by AISA leader Neha Bora challenging a notice issued under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in proceedings concerning a bond for maintaining peace.
Justice Subramonium Prasad heard arguments from senior advocate Gopal Sankaranarayanan, representing Bora, and Additional Solicitor General Chetan Sharma and Central Government Standing Counsel Ashish Dixit, representing the State.
Bora’s counsel argued that the notice was legally and constitutionally flawed, alleging that the Special Executive Magistrate (SEM) had failed to record the requisite satisfaction or independently assess the material before initiating preventive proceedings.
Sankaranarayanan submitted that Bora had called for a gathering at Mandi House after Jantar Mantar was denotified as a protest site. He said her social media post on October 16 announced a meeting but contained no call for violence or unlawful activity. He alleged that Bora was detained 10-15 minutes after reaching Mandi House and subsequently taken to RK Puram police station.
The counsel questioned the notice’s reference to hoisting the national flag without permission, describing it as a cut-and-paste document. He also argued that requiring a bond before completing the legally mandated inquiry raised concerns about personal liberty under Article 21.
The court questioned whether the magistrate could require a bond while an inquiry remained pending and whether combining Sections 126 and 130 indicated a predetermined opinion. It also examined the scope of judicial review under Article 226.
Opposing the plea, Sharma argued that Sections 126 and 130 must be read together and that preventive action was justified by circumstances indicating a possible breach of peace. He referred to six FIRs against Bora, general diary entries, the kalandara, an investigating officer’s explanation and restrictions imposed under Section 163 BNSS in Mandi House.
The ASG maintained that no bond had been imposed and that Bora could appear personally or through a lawyer. After hearing both sides, the High Court reserved its order.
