☰
×

Delhi High Court Dismisses AISA President Neha Bora's Plea Against Police Notice

In a significant ruling, the Delhi High Court has rejected a plea from Neha Bora, president of the All India Students’ Association, challenging a police notice that required her to execute a peace bond. The court's decision comes after Bora was detained while heading to a protest. The judge emphasized the need for the SEM to provide all relevant materials to Bora. The police notice, issued under the Bharatiya Nagarik Suraksha Sanhita, cited concerns over potential disturbances. Bora's legal team argued that the notice lacked substantial evidence and that citizens have the right to advocate for change in a democracy.
 

Court Ruling on Neha Bora's Case


New Delhi: The Delhi High Court has turned down a request from Neha Bora, the president of the All India Students’ Association (AISA), who challenged a police notice that required her to secure a peace bond before a special executive magistrate (SEM).


Justice Subramonium Prasad stated, "I am rejecting the writ petition at this juncture," while delivering the ruling.


The judge did mention that he has issued specific instructions to the SEM to ensure that all relevant materials are provided to Bora during the proceedings.


A comprehensive copy of the ruling is still pending.


The police notice, dated October 17, was issued under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), mandating Bora to appear before the SEM on October 19 to explain why she should not be required to sign a personal bond of Rs 10,000 with one surety to maintain peace during the inquiry.


Section 126 of the BNSS grants the SEM the authority to enforce such bond signing if there is credible evidence suggesting that an individual may disrupt public peace or engage in actions that could lead to disturbances.


Bora was placed under preventive detention on October 16 while heading to participate in the Cockroach Janta Party's 'Lehra Do Tiranga' march in Connaught Place, Delhi, and was released the following day.


In her petition, represented by lawyer Abhik Chimni, Bora argued that the police notice was vague, factually incorrect, and lacked any substantial evidence to justify the alleged risk of a breach of peace.


The SEM proceedings are based on accusations of sloganeering at Mandi House on October 16, ongoing protests near Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and inciting individuals to join the demonstration on October 16.


During the hearing on Thursday, Bora's senior counsel contended that citizens do not require permission to display the national flag and that advocating for a change in government is a legitimate action in a democracy.