Neha Bora’s peace bond plea has been rejected by the Delhi High Court, which directed that all material be furnished to her and asked the Special Executive Magistrate to consider the import of Section 135 BNSS.
New Delhi: The Delhi High Court on Friday (October 23) dismissed a writ petition by All India Students Association (AISA) president Neha Bora challenging a notice of a Special Executive Magistrate (SEM) that asks her to execute a personal bond of Rs 10,000 with a surety to “maintain peace during the period of inquiry”, while directing that all the material against her be furnished to her [Neha Bora v. Delhi Police].
Justice Subramonium Prasad pronounced the order. Senior Advocate Gopal Sankaranarayanan, with Advocates Abhik Chimni, Moksha Sharma, Ayan Dasgupta Samarendra, Pranjal Abrol and Gurupal Singh, appeared for Bora. Additional Solicitor General Chetan Sharma and Central Government Standing Counsel Ashish Dixit appeared for the Delhi Police.
What the Court ordered
Pronouncing the order in open court, the judge said the writ petition is rejected but that there are certain directions for the magistrate, including that all the material be furnished to Bora. The Court added that the SEM will also consider the import of Section 135 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
“Whether 135 would warrant a production of the bond at the very first instance, or it’s only during the course of the inquiries, and further incident take place, which gives the danger or not. These are matters the magistrate will take into account.”
The written order was not available at the time of writing, and the above is based on what was said in court. The Court has not recorded any finding on the police allegations against Bora, and none of them has been tested.
How the case reached here
Bora was detained on October 16 while attending a gathering at Mandi House. She has alleged that she was taken to an undisclosed location and then to RK Puram police station, where she was held overnight and released around 6 AM the next day. She received the SEM notice on October 18. The notice, dated October 17 according to her petition, was issued under Sections 126 and 130, read with Section 135(3), of the BNSS, citing apprehension of a breach of public peace and tranquillity.
As described in the proceedings, the notice cites alleged sloganeering at Mandi House, alleged repeated protests around Jantar Mantar despite prohibitory orders under Section 163 BNSS, and alleged instigation of people to join a protest at Connaught Place. Bora says the notice discloses no material showing a likelihood of breach of peace, denies the Connaught Place allegation, and calls the proceedings an attempt to curb peaceful dissent in violation of her rights to free speech, assembly and personal liberty. The matter was heard on Thursday (October 22), when the Court reserved its order for Friday.
What the petitioner argued
Sankaranarayanan submitted that over a period of time protests have arisen in the country against what the government does, that Bora had never exhorted anyone to violence, and that her calls had been for peaceful protest and reform. He referred to a press conference she held on October 15 after the de-notification of Jantar Mantar as a protest site, sought to distinguish the Connaught Place protest from the Mandi House gathering she had called, and said there is nothing wrong in making a call for regime change in a democracy.
He also pointed out that the SEM who issued the notice is also an Assistant Commissioner of Police, and that the proceedings were initiated on a direction of senior police officers.
The State’s response
ASG Sharma argued that Sections 126 and 130 BNSS must be read together and that splitting them on technical grounds would defeat the purpose of preventing a breach of public tranquillity. He said the notice rests on a likelihood of breach of peace, is preventive in nature, and cannot be assailed on a technicality. Disputing Bora’s account of the Connaught Place events, he told the Court that an order under Section 163 BNSS was in force, that the police were outnumbered, and that Bora did not stop when asked to and ran towards Connaught Place. These are the State’s contentions, which the petitioner disputes.
The legal position
Section 126 BNSS lets an Executive Magistrate who receives information that a person is likely to breach the peace or disturb public tranquillity call on that person to show cause why a bond to keep the peace should not be taken. Section 130 deals with the order to show cause, and Section 135 with the inquiry into the truth of the information, including the question of an interim bond while the inquiry is pending. The power is preventive and is not a finding that any offence has been committed.
Why the order matters
The Court has declined to interfere with the notice at this stage, leaving the preventive inquiry before the SEM to go on, but has made the magistrate’s process subject to two safeguards: Bora must be given all the material, and the SEM must consider whether Section 135 permits a bond at the very first instance or only if further incidents occur during the inquiry. The question of when a bond can be demanded in a preventive proceeding is now for the magistrate to decide.
The order arises against the backdrop of protests over the Special Intensive Revision of electoral rolls and the demand for the removal of the Chief Election Commissioner, on which the protesters and the authorities hold opposing views. Bora is not shown to have been found guilty of any wrongdoing, the presumption of innocence applies, and the Court has expressed no view on the merits of the allegations.
Case Title: Neha Bora v. Delhi Police (petition number not available at the time of writing)
Bench: Justice Subramonium Prasad, Delhi High Court
Date of Order: October 23, 2026
Appearances: Senior Advocate Gopal Sankaranarayanan, with Advocates Abhik Chimni, Moksha Sharma, Ayan Dasgupta Samarendra, Pranjal Abrol and Gurupal Singh, for the petitioner; Additional Solicitor General Chetan Sharma and CGSC Ashish Dixit for the Delhi Police