AISA president Neha Bora on Thursday moved the Delhi High Court challenging a police notice directing her to execute a bond for maintaining peace, arguing that citizens do not need permission to hoist the national flag.
Referring to the notice alleging that she had hoisted the Tricolour without permission, senior advocate Gopal Sankaranarayanan, appearing for Bora, questioned its legal basis. "We don't need permission to hoist the national flag. They need a class on law," he told Justice Subramonium Prasad.
Additional Solicitor General Chetan Sharma, representing Delhi Police, raised an objection on the maintainability of Bora's petition.
Bora, who has been at the forefront of protests against the alleged irregularities in the Election Commission's Special Intensive Revision (SIR) of electoral rolls, has sought quashing of the notice and directions to the police not to take any coercive action against her.
The notice, issued on October 17 under Section 126 Bharatiya Nagarik Suraksha Sanhita (BNSS), asked the student leader to appear before the SEM (Special Executive Magistrate) on October 19 and show cause why she should not execute a personal bond of Rs 10,000 with one surety "for keeping peace for a period of enquiry".
Section 126 empowers the SEM to enforce such bond signing if there is credible information that a person is likely to breach peace, disturb public tranquillity, or commit a wrongful act that may cause disturbance.
Bora was taken into preventive detention on October 16 when she was on her way to join the Cockroach Janta Party's (CJP) 'Lehra Do Tiranga' march. She was released on October 17.
(With Inputs from PTI)
