‘No permission needed to hoist national flag’: Neha Bora tells Delhi HC

NEW DELHI: All India Students' Association (AISA) president Neha Bora on Thursday told the Delhi high court that no permission was required to hoist the national flag, while challenging a police notice directing her to execute a bond to maintain peace.The Delhi police objected to the maintainability of Bora's petition challenging the notice, which asked her to execute a "peace" bond before a Special Executive Magistrate (SEM).Bora on Monday had moved the Delhi High Court challenging a police notice directing her to execute a bond before a Special Executive Magistrate for “keeping peace”.Bora, who has been at the forefront of recent protests against alleged irregularities in the Election Commission's Special Intensive Revision (SIR) of electoral rolls.The notice, issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directed Bora to appear before the magistrate on October 19 and explain why she should not execute a personal bond of Rs 10,000 with one surety “for keeping peace for a period of enquiry.”Bora was taken into preventive detention on October 16 while on her way to participate in the Cockroach Janata Party's (CJP) ‘Lehra Do Tiranga’ march at Central Park in Connaught Place.

She was released the following day.In her petition, Bora has argued that the police notice is vague, factually incorrect and unsupported by any material establishing the likelihood of a breach of peace. It also fails to specify the “period, occasion or event in relation to which breach is apprehended”, the plea stated.She had described the proceedings as a “colourable exercise of preventive powers to suppress peaceful dissent, in violation of Articles 19(1)(a), 19(1)(b) and 21 of Constitution”.According to the petition, the police initiated proceedings before the magistrate citing alleged sloganeering at Mandi House on October 16, repeated protests around Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and alleged attempts to instigate people to join a protest at Connaught Place on the same day.“The impugned notice rests on a prima facie incorrect fact, namely that the petitioner instigated people to participate in the demonstration at Central Park, CP on Oct 16.

The petitioner’s call and the incident alleged were different. The petitioner called for a peaceful gathering at Mandi House at 5.00 pm on Oct 16, and it is a matter of record that she was detained from Mandi House,” Bora’s petition said.The development comes after the SEM court at Mandir Marg Police Station ordered the release of Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Ranka on October 21, after they furnished personal bonds and surety bonds and gave written undertakings to maintain peace.SEM Ritu Raj directed the two activists to furnish personal bonds and surety bonds of Rs 50,000 each until the conclusion of the inquiry. The court noted that they had furnished the required bonds and that the sureties had been questioned before their release was ordered."In view of overall facts and circumstances, the respondents are directed to furnish personal bonds and surety bonds in the sum of Rs.50,000 until the conclusion of enquiry," the SEM court ordered.After verifying the sureties prima facie, the court directed their release and issued a warrant to the superintendent of Tihar Jail for compliance.The court also directed the investigating officer to submit a verification report on the sureties at the next hearing. Das, Ranka and their sureties were asked to remain present on the next date of hearing.Emphasising the conditions of their release, the court said, "Needless to mention, the respondents shall appear before this Court on every date of hearing and shall maintain law and order and will not breach peace / public tranquillity of the area and shall strictly adhere to the terms of their bonds and voluntary undertaking given today.

The inquiry in the matter shall continue in accordance with law."The matter has been listed for further proceedings on October 23 at 3 pm.During the hearing, Das and Ranka voluntarily submitted written undertakings promising not to breach the peace. They also agreed not to call for protests at Jantar Mantar until the site is denotified in accordance with the law and said any protests they undertake would comply with the law.

The court observed that the immediate measures under Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to prevent a breach of peace or disturbance of public tranquillity could be adequately ensured through the bonds and written undertakings."Hence, further judicial custody does not appear to be necessary at this stage, particularly after written undertakings before this Court," the court observed.Advocates Abhik Chimni and Abhisht Hela appeared for Das and Ranka.