New Delhi: The Delhi High Court on Friday dismissed a writ petition filed by AISA leader Neha Bora challenging preventive proceedings initiated against her, while directing the Special Executive Magistrate to furnish all material relied upon in the inquiry.
Justice Subramonium Prasad rejected the petition challenging a notice asking Bora to execute a bond of ₹10,000 with one surety to maintain peace during the inquiry. “The writ petition is rejected. However, there are certain directions. All the material is to be furnished to her,” the judge said.
Bora had challenged proceedings under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), questioning the legality of the notice and the procedure followed by authorities.
Senior advocate Gopal Sankaranarayanan, appearing for Bora, argued that the notice was issued without proper application of mind and contained disputed assertions. He said Bora had called for a peaceful gathering at Mandi House on October 16 after Jantar Mantar was denotified as a protest site. He disputed allegations that she called for a gathering at Connaught Place, submitting that another group had organised the demonstration there.
Sankaranarayanan also questioned references to a proposed national flag hoisting without permission and argued that preventive action must follow the procedure prescribed by law.
The court considered whether the magistrate had independently assessed the information and referred to Article 21, noting the stigma associated with preventive proceedings. “The concern of the petitioner is that I am already branded as a bad boy and asked to say ‘you shall be a good boy’,” the judge observed.
Opposing the plea, Additional Solicitor General Chetan Sharma, assisted by Central Government Standing Counsel Ashish Dixit, questioned its maintainability and referred to six FIRs against Bora and alleged repeated violations. Sharma also cited a prohibitory order under Section 163 of the BNSS and defended the preventive proceedings.
The State said the police kalandra included FIRs and general diary entries. After hearing both sides, the High Court dismissed the petition but directed that all material relied upon be provided to Bora.
