The Delhi High Court on Friday rejected a plea by All India Students' Association (AISA) president Neha Bora challenging a police notice asking her to execute a peace bond before a special executive magistrate (SEM).
"I am rejecting the writ petition at this juncture," said Justice Subramonium Prasad while pronouncing the judgement.
The judge, however, said that he has passed certain directions to the SEM on providing all material to the student leader in the proceedings.
"There are sufficient safeguards given, directions given to the magistrate to take care. All the material has to be furnished to her," Justice Prasad said.
The court also said that before passing any order, the SEM would consider the issue of whether the bond has to be produced at the very first instance or during the course of the enquiry.
A detailed copy of the judgement is awaited.
The police notice, issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), asked the student leader to appear before the SEM on October 19 and show cause as to why she should not execute a personal bond of Rs 10,000 with one surety "for keeping peace for a period of enquiry".
Section 126 of the BNSS empowers the SEM to enforce such bond signing if there is credible information that a person is likely to breach peace, disturb public tranquillity, or commit a wrongful act that may cause disturbance.
During the hearing on Thursday, Bora's senior counsel had argued that citizens did not need permission to hoist the national flag and there was nothing wrong in seeking regime change in a democracy.
Challenging the police notice, Bora's lawyer had argued that there was no application of mind or independent opinion at the time of issuance of the notice and it was a mere cut-and-paste job.
Even for an interim bond, inquiry is essential and the SEM could not have directly asked for furnishing the bond, it was contended.
Bora was taken into preventive detention on October 16 while she was on her way to join the Cockroach Janta Party's 'Lehra Do Tiranga' march in Delhi's Connaught Place. She was released on October 17.
In her petition, settled by lawyer Abhik Chimni, Bora said the police notice is vague, factually incorrect and contains no material or information to substantiate the "likelihood" of breach of peace.
The proceedings before the SEM are based on allegations of sloganeering at Mandi House on October 16, repeated protests around Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and instigating people to participate in the October 16 demonstration.
