New Delhi, Oct 22 (IANS) The Delhi High Court on Thursday reserved its judgment on a plea filed by the All India Students’ Association (AISA) President Neha Bora challenging a notice requiring her to furnish a personal bond of Rs 10,000 with one surety to maintain peace during an inquiry following her participation in a protest in the national capital on October 16.
A single-judge bench of Justice Subramonium Prasad reserved the decision after hearing arguments from both sides and said the judgment would be pronounced on Friday at 6 p.m.
Bora has challenged a notice issued by a Special Executive Magistrate (SEM) on October 17 under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), read with Section 135(3), requiring her to execute a bond to maintain peace.
Senior advocate Gopal Sankaranarayanan, appearing for Bora, said that she was detained 10-15 minutes after reaching Mandi House in Delhi on the evening of October 16 and had not committed any offence, including any act that could be construed as a breach of peace.
He contended that her detention was illegal and stressed that she was not associated with a separate call by another organisation, the Cockroach Janta Party (CJP), to unfurl the National Flag at Central Park in Connaught Place.
Sankaranarayanan also added that Bora was not allowed to contact her family members or lawyers immediately after being detained.
Challenging the legality of the notice, the senior counsel said that the proceedings had been initiated mechanically without the requisite preliminary inquiry or material establishing the need for preventive action.
He added that the Special Executive Magistrate (SEM) could require a person to execute a bond for maintaining peace or good behaviour under Section 136 of the BNSS only after the inquiry had concluded.
Opposing the plea, Additional Solicitor General (ASG) Chetan Sharma said that there had been “12 violations” by Bora, one after another, which had been examined by the Magistrate.
ASG Sharma also referred to remarks allegedly made by Bora at a press conference regarding “regime change”, saying that a change of regime takes place through votes and not through “lumpen elements in the nerve of New Delhi”.
The petition contends that the notice does not disclose any material establishing a likelihood of breach of peace, which is a necessary precondition for initiating preventive proceedings under Section 126 BNSS.
Bora was among those detained by the Delhi Police on October 16 as security was tightened across central Delhi ahead of a proposed ‘Tiranga Assembly’ called by the CJP at Connaught Place’s Central Park.
The protest, scheduled for 5 p.m., was denied permission by the New Delhi Municipal Council (NDMC).
Meanwhile, in a separate development linked to the CJP’s protest activities, party leaders Saurav Das and Ashutosh Ranka were ordered to be released from judicial custody on Wednesday after submitting written undertakings before a SEM, assuring that they would maintain peace and refrain from calling for protests at Jantar Mantar until the site is de-notified in accordance with law.
SEM Ritu Raj directed their release after they furnished personal bonds and surety bonds of Rs 50,000 each, to remain in force until the conclusion of the inquiry in connection with the Jantar Mantar trespassing case.
In their undertakings, the two activists promised not to commit any breach of peace and expressed full faith in the Judiciary and all its instruments, including the SEM court.
“We reiterate our undertaking and commitment towards peace, law and order, public tranquillity and further we specifically state that we will not make any calls for protest at Jantar Mantar till such a time that it is de-notified in accordance with law,” the undertakings said.
They also undertook that any protest would be conducted “within the four corners of the Constitution”.
Earlier on Wednesday, the Delhi High Court had permitted Das and Ranka to withdraw their plea challenging the SEM court’s order extending their custody, without expressing any opinion on the merits of the matter.
A single-judge bench of Justice Subramonium Prasad had asked their counsel to consider withdrawing the petition and await the proceedings before the SEM court before pursuing an appropriate legal remedy.
The two CJP leaders, along with party member Ajinkya Shinde, were among 14 people detained on October 13 after they allegedly entered Jantar Mantar through private premises and obstructed police personnel from discharging their official duties.
The CJP members were protesting against alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls and had raised slogans against Chief Election Commissioner Gyanesh Kumar.
–IANS
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