Delhi High Court has rejected the petition of Neha Bora, president of student organization AISA. Neha had challenged the notice issued by Delhi Police, in which she was asked to appear before the Special Executive Magistrate to pay a bond of Rs 10,000 to maintain peace. However, while rejecting the petition, the High Court has also issued some instructions to the Magistrate.
Tezzbuzz Desk – President of student organization All India Students Association (AISA) Neha Bora has received a shock from Delhi High Court. On Friday, the High Court rejected his petition in which he had challenged the notice issued by Delhi Police. In this notice, he was asked to appear before the Special Executive Magistrate (SEM) to furnish a personal bond of Rs 10,000 to maintain peace.
Earlier on Thursday, Justice Subramaniam Prasad had reserved his decision after listening to the arguments of Neha Bora's lawyer and Delhi Police for about three hours. Delhi Police had opposed the petition saying that it was not worthy of hearing. On Friday the court rejected the petition. However, the court also issued some directions for the magistrate.
What is the whole matter?
Neha Bora was issued a notice under section 126 of the Indian Civil Security Code (BNSS) on October 17. In this, he was asked to appear before the Special Executive Magistrate on October 19 and explain why a personal bond of Rs 10,000 and a surety should not be taken from him to maintain peace during the period of investigation.
After this Neha Bora had approached Delhi High Court. He had sought quashing of the notice and direction to the police not to take any coercive action against him.
What is the provision in Section 126 of BNSS?
According to PTI report, under Section 126 of BNSS, the Special Executive Magistrate has the authority to take action to impose bond to maintain peace. However, for this, it is necessary to have such reliable information that there is apprehension that the person concerned may disturb the peace, disturb public order or do any wrongdoing which is likely to create disturbance.
In this case, Delhi High Court has rejected Neha Bora's petition and has issued some instructions to the magistrate.