The Delhi High Court has reserved its order on All India Students’ Association president Neha Bora’s petition challenging a Delhi Police notice requiring her to execute a “peace bond” before a special executive magistrate, after hearing arguments from both sides for nearly three hours.
Justice Subramonium Prasad said the verdict would be pronounced on Friday. Bora has also asked the court to prevent the police from taking coercive action against her and to quash the notice, which she says contains factual errors about her alleged involvement in protests in Delhi.
Bora’s counsel told the court that she was not involved in the Cockroach Janta Party’s October 16 protest call at Central Park in Connaught Place. The lawyer said Bora had instead organised a separate gathering at Mandi House and argued that the police notice had incorrectly associated her with a protest at Jantar Mantar and activities at Central Park.
The petition challenges the basis and manner in which the notice was issued. Bora’s lawyer argued that the document did not reflect independent application of mind by the special executive magistrate and was effectively prepared through a mechanical “cut-and-paste” process. The counsel also disputed allegations that Bora had shouted loudly at a Mandi House protest, participated in demonstrations despite prohibitory orders, or instigated people to join an unauthorised gathering.
The lawyer further argued that there was no legal requirement for permission to hoist the national flag, responding to that allegation in the notice. According to the police notice, authorities apprehended a breach of public peace and tranquillity within the jurisdiction of the special executive magistrate’s court.
Additional solicitor-general Chetan Sharma, appearing for Delhi Police, opposed the petition and referred to a press conference attended by Bora and others. He said the event included a statement describing the campaign as a fight for “regime change”. Bora’s senior counsel, Gopal Sankaranarayanan, said the statement could not be attributed to her and argued that seeking regime change through democratic means was not unlawful.
The police told the court that Bora had been involved in 12 violations and that complete records were available before the special executive magistrate. The ASG also maintained that the magistrate had independently applied his mind while issuing the notice.
During the hearing, the High Court asked whether enforcement of the notice could be held back while it considered the petition. The ASG said he was prepared to give an undertaking if Bora agreed to undertake before the court that she would not breach the peace. The court, however, decided to pass its order after considering the submissions.
The dispute places the preventive use of peace-bond proceedings alongside the police’s management of demonstrations and the procedural safeguards available to people issued such notices. The court observed that Bora’s concern was not only the undertaking itself but also the stigma of being treated as someone who had to declare that she would remain peaceful, raising an Article 21 concern. The next formal step is the High Court’s order and Bora’s scheduled appearance before the special executive magistrate on Saturday.
