Questioning Delhi police notice, All India Students Association President Neha Bora told that citizens do not need permission to hoist the national flag. The statement came on a police notice directing her to execute bond to maintain peace, as reported by the media.
Delhi High Court Justice Subramonium Prasad heard the matter on Thursday despite the court being closed for the day. However, the order on Bora’s petition would be passed on Friday. The court orally asked the police to hold off in action until then.
The notice was issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita. It directed Bora to appear before the special executive magistrate on October 19 and explain why she should not execute a personal bond of Rs 10,000 with one surety to maintain peace during the inquiry.
Senior advocate Gopal Sankaranarayanan, representing Bora, argued that there was nothing wrong with seeking a change of government in a democracy. He was responding to Additional Solicitor General Tathin Sharma, appearing for Delhi Police, who referred to a material including a joint press conference attended by Bora.
Sharma said a statement made at the press conference was: “Yeh regime change ki ladai hai and hum regime change kara ke rahenge” — this is a fight for regime change and we will get the regime changed. Sankaranarayanan said Bora had not made the statement and added that “there is nothing wrong with regime change in a democracy”.
Sharma objected, saying: “You were part of that press conference. I will take exception to this. A regime change in a democracy will happen by votes and not by lumpen elements congregating in the nerve of Delhi.”
Challenging the notice, Bora’s counsel argued that the special executive magistrate had not independently considered the matter and that the notice was issued mechanically as a “cut-and-paste job”.
Quoting the notice, the lawyer said Bora was accused of shouting loudly during a protest at the Mandi House roundabout, taking part in protests in and around Jantar Mantar despite prohibitory orders, encouraging people to join an unauthorised demonstration at Central Park in Connaught Place and hoisting the national flag without valid permission.
“Maybe they need some instruction on law that we don’t need permission to hoist the national flag,” the lawyer said. The notice stated that there was a possibility of a breach of public peace and tranquillity within the jurisdiction of the magistrate’s court.
During the hearing, the police was asked whether there was any material or inquiry apart from the “kalandra” before the notice was issued. Sharma said he was prepared to assure the court that the police would hold off action if Bora gave an undertaking that she would not breach the peace.