‘Have you predetermined the need for a bond?’ Delhi High Court on Neha Bora’s plea

The Delhi High Court on Thursday reserved its order after listening to the plea of Neha Bora, the president of All India Students’ Association, who challenged a notice from a special executive magistrate demanding her to execute a bond to assure that she won't breach peace. Senior advocate Gopal Sankaranarayanan, representing Neha, argued that the show cause notice was issued mechanically, "which vitiates the proceedings."

The notice was issued under BNSS section 126 and 130, which require a person to execute a bond for maintaining peace and to show cause for an order, respectively. Senior advocate Gopal Sankaranarayanan further argued, “Even for an interim bond, an inquiry is essential. The magistrate could not have birthed the idea of a personal bond until an inquiry was completed.

As a recipient of a notice like this, how am I supposed to respond to this: that they ‘apprehend me of breaching peace’." Justice Prasad questioned the state during the hearing, “Have you not predetermined the requirement of a bond, which may or may not be necessary (without completing inquiry)?”