Delhi High Court Denies AISA President Neha Bora's Petition, Orders Bond Requirement

Court Ruling on Neha Bora's Petition

The Delhi High Court has dismissed the petition filed by Neha Bora, the president of the All India Students Association (AISA), delivering a significant setback to her. Bora had challenged a notice issued by the Special Executive Magistrate (SEM), which required her to maintain peace during an investigation by submitting a personal bond of ₹10,000 and providing a surety. The court, presided over by Justice Subramanyam Prasad, rejected her request.

Previously, the court had heard arguments from both sides before reserving its decision. Bora's petition sought to annul the SEM's notice and requested the police to refrain from taking any coercive action against her. She was involved in protests against alleged irregularities in the Special Intensive Review (SIR) of the voter list.

During the hearings, Bora's counsel argued that the SEM did not exercise independent judgment when issuing the notice, claiming it was merely a 'cut-and-paste' job rather than a thoughtful consideration of the facts. The defense raised questions about the language of the notice and the accusations made within it.

The court took approximately three hours to hear both parties' arguments before making its ruling. Following the court's decision, Bora is now required to comply with the conditions set forth in the notice, including the bond submission.

Details of the Case and Court Proceedings

In earlier hearings, Bora's lawyer referenced the allegations in the police notice, which included inciting protests during a demonstration at Mandir House and unauthorized activities at Connaught Place's Central Park, despite a prohibitory order in effect. The notice also accused her of hoisting the national flag without proper authorization.

Bora's defense contended that citizens do not typically require special permission to display the national flag. They argued that including such allegations in the notice was inappropriate and that there was insufficient evidence to support claims of potential public disorder.

The court ultimately denied the request to quash the notice based on these arguments. Bora was taken into preventive custody on October 16 while attempting to participate in the 'Lahara Do Tiranga' march organized by the Cockroach Public Party (CJP). She was released the following day, October 17, and subsequently approached the High Court regarding the police notice.

The petition prepared by Advocate Abhik Chimni challenged the validity of the notice and the accusations contained within it. Following the High Court's dismissal of her petition, Bora must now adhere to the bond and surety conditions outlined in the notice.