Delhi HC rejects AISA chief Neha Bora's plea against peace bond notice

The Delhi High Court rejected Neha Bora's challenge to a police peace bond notice. The magistrate must share all material connected with the proceedings.

In Short

• Court ordered magistrate to share all proceeding-related material with Bora
• Police sought a Rs 10,000 personal bond and one surety from Bora
• She was preventively detained en route to the Connaught Place march

The Delhi High Court on Friday rejected a petition filed by All India Students' Association president Neha Bora against a police notice directing her to execute a peace bond before a special executive magistrate, news agency Press Trust of India reported.

Justice Subramonium Prasad said, "I am rejecting the writ petition at this juncture." The court, however, issued directions to the magistrate to provide Bora with all material related to the proceedings. A detailed copy of the judgment is awaited.

According to PTI, the police notice was issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita. It asked Bora to appear before the special executive magistrate on October 19 and explain why she should not be required to execute a personal bond of Rs 10,000, along with one surety, "for keeping peace for a period of enquiry".

Section 126 allows a special executive magistrate to require such a bond when there is credible information that a person is likely to breach the peace, disturb public tranquillity or commit an act that could cause disturbance.

Bora was taken into preventive detention on October 16 while she was on her way to join the Cockroach Janta Party's 'Lehra Do Tiranga' march at Connaught Place in Delhi. She was released on October 17.

In her petition, settled by lawyer Abhik Chimni, Bora said the police notice was vague and factually incorrect. She argued that it did not contain any material or information to support the claim that she was likely to breach the peace.

The proceedings before the magistrate were based on allegations that Bora raised slogans at Mandi House on October 16, repeatedly protested around Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and instigated people to participate in the October 16 demonstration.

During Thursday's hearing, Bora's senior counsel argued that citizens did not need permission to hoist the national flag and that there was nothing wrong with seeking a change of government in a democracy.

The High Court ultimately declined to interfere with the police notice at this stage but directed the special executive magistrate to provide Bora with all material connected to the proceedings.

- Ends