New Delhi: The Delhi High Court on Friday rejected a petition filed by Neha Bora, National President of the All India Students Association (AISA), challenging a notice that directed her to execute a ₹10,000 personal bond with one surety to maintain peace during an inquiry.

Bora was taken into custody on October 16 at Mandi House during a protest calling for the removal of Chief Election Commissioner (CEC) Gyanesh Kumar.

Pronouncing the verdict, Justice Subramonium Prasad observed that the Special Executive Magistrate had been directed to adhere to “adequate safeguards” and ensure all relevant material was provided to Bora before issuing any final orders in the inquiry.

The legal challenge centered on an October 17 notice issued under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), read alongside Section 135(3). Section 126 empowers a magistrate to require an individual to show cause why a peace bond should not be executed if there is information suggesting a potential breach of peace. Under Section 135(3), a magistrate may direct the person to execute a bond to maintain good behaviour until the inquiry concludes, provided proceedings are underway under Sections 127, 128, or 129.

Senior Advocate Gopal Sankaranarayanan, appearing for Bora, argued that the AISA leader had called for a peaceful assembly at Mandi House on October 16 to unfurl the national flag at Central Park in Connaught Place, and had never incited violence. He contended that the notice was issued mechanically without the necessary preliminary inquiry to justify an interim bond, adding that advocating for a regime change remains valid within a democratic setup.

Representing the authorities, Additional Solicitor General (ASG) Chetan Sharma countered that Section 126 relies on the magistrate's subjective satisfaction based on received information, which does not immediately require concrete evidence. The ASG informed the court that prohibitory orders under Section 163 of the BNSS were active in the Mandi House area at the time of the gathering.

Bora’s petition sought the quashing of the notice and associated proceedings, alongside an order restraining authorities from taking coercive steps.

The petition stated she was detained at around 5.30 pm on October 16, taken to RK Puram Police Station, and held overnight before being released at 6 am on October 17. The notice, delivered to her on October 18, cited alleged sloganeering, repeated demonstrations around Jantar Mantar in violation of prohibitory orders, and instigating the assembly at Connaught Place.