Delhi High Court dismisses AISA president Neha Bora's plea against magistrate's notice

The Delhi High Court has dismissed a petition by Neha Bora, president of the All India Students' Association (AISA), giving her no relief. Bora had challenged a notice from a Special Executive Magistrate asking her to furnish a personal bond of Rs 10,000 and one surety. Delhi Police had opposed her petition.

Bora was served the notice on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). She was asked to appear before the Special Executive Magistrate on October 19. The notice asked her to show cause why a personal bond of Rs 10,000 and one surety should not be taken from her to keep the peace while an inquiry was under way.

Challenging the notice, Bora asked the court to quash it. She also sought a direction to the police that no coercive action be taken against her.

During the hearing, Additional Solicitor General Chetan Sharma opposed the petition on behalf of Delhi Police. The police said Bora's arguments did not match the facts.

Bora had raised questions about the scope of Section 163 of the BNSS and how it was applied at the time of the incident. The police argued that the section was in force and that police numbers were limited at the time.

The court also commented on the process of seeking a guarantee of good behaviour. It observed that demanding such a guarantee from a person until an inquiry is complete could amount to placing a restriction on them. The court also raised questions about the process of issuing notices or orders under Sections 126 and 130 of the BNSS.

The court had reserved its verdict after the hearing on October 22. After arguments from all sides were completed, the High Court dismissed the petition. The ruling denied Bora the relief she sought against the notice. The details of the official order will be important for further action on the notice and the related legal process.