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Neha Bora challenges police notice as CJP activists released (Img: IANS)
New Delhi: All India Students’ Association (AISA) president Neha Bora on Thursday told the Delhi High Court that no permission was required to hoist the national flag, while challenging a police notice asking her to execute a bond to maintain peace.
The Delhi Police questioned the maintainability of Bora’s petition against the notice, which directed her to furnish a “peace” bond before a Special Executive Magistrate (SEM). The proceedings come amid action against Cockroach Janata Party (CJP) activists Saurav Das and Ashutosh Ranka, who were released from custody on October 21 after furnishing bonds and giving written undertakings to maintain peace.
The SEM court at Mandir Marg Police Station ordered Das and Ranka’s release after they furnished personal bonds and surety bonds of Rs 50,000 each. SEM Ritu Raj directed that the bonds remain in force until the conclusion of the inquiry.
The court noted that the required bonds had been submitted and the sureties questioned before their release was ordered.
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“In view of overall facts and circumstances, the respondents are directed to furnish personal bonds and surety bonds in the sum of Rs.50,000 until the conclusion of enquiry,” the SEM court ordered.
After a preliminary verification of the sureties, the court directed the activists’ release and issued a warrant to the superintendent of Tihar Jail for compliance. The investigating officer was also asked to submit a verification report on the sureties at the next hearing. Das, Ranka and their sureties must remain present on the next date.
During the hearing, the two activists voluntarily submitted written undertakings promising not to disturb the peace. They also agreed not to call for protests at Jantar Mantar until the site is denotified in accordance with the law, and said any protests they undertake would comply with legal requirements.
Emphasising the conditions of their release, the court said, “Needless to mention, the respondents shall appear before this Court on every date of hearing and shall maintain law and order and will not breach peace / public tranquillity of the area and shall strictly adhere to the terms of their bonds and voluntary undertaking given today. The inquiry in the matter shall continue in accordance with law.”
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The court observed that the immediate preventive measures under Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) could be ensured through the bonds and written undertakings.
“Hence, further judicial custody does not appear to be necessary at this stage, particularly after written undertakings before this Court,” the court observed.
The matter has been listed for further proceedings on October 23 at 3 pm. Advocates Abhik Chimni and Abhisht Hela appeared for Das and Ranka.
