What’s Next for AISA President Neha Bora After Court Ruling on Peace Bond?
Neha Bora's Legal Battle Continues
New Delhi: Neha Bora, the president of AISA, appeared before a special executive magistrate at Mandir Marg Police Station on Saturday. This appearance followed the Delhi High Court's rejection of her plea against a police notice requiring her to secure a Rs 10,000 'peace bond' with a surety.
During the session, the magistrate, adhering to the High Court's instructions, provided Bora's legal team with the documents that underpinned the police's claims of a potential breach of peace. Bora's lawyer indicated that they would have until October 29 to respond to these allegations.
Advocate Abhik Chimni stated that the defense team would review the evidence before addressing the notice in the upcoming hearing.
"While the High Court dismissed the challenge to the show-cause notice, it emphasized that all evidence suggesting a possible breach of peace must be disclosed to us. Today, we presented the judgment to the SEM, who complied by providing the necessary documents. We will analyze them before the next hearing on the 29th," Chimni remarked.
"The court's decision is significant as it affirms the rights of detained individuals to be informed of the accusations against them and to have a fair chance to respond," he added.
Earlier, Bora reiterated her refusal to sign the peace bond, criticizing the use of preventive measures against demonstrators.
"We have no conditions. We will not sign the bond," she asserted.
Bora further claimed that the peace bond proceedings were being misused to stifle democratic dissent, arguing that expressing opinions or questioning institutions does not constitute a breach of peace. She vowed to continue contesting these proceedings.
The notice, issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), mandated Bora to explain why she should not sign a personal bond of Rs 10,000 to ensure peace during the inquiry.
In her challenge to the Delhi High Court, Bora described the notice as vague, factually incorrect, and lacking evidence of a potential breach of peace.
She accused the authorities of engaging in a "colorable exercise of preventive powers" aimed at suppressing peaceful dissent, in violation of Articles 19(1)(a), 19(1)(b), and 21 of the Constitution.
The High Court dismissed her plea on Friday but instructed that all materials relied upon by the authorities be shared with her, allowing her a chance to respond to the allegations before the magistrate.
During the hearing, her counsel contended that citizens do not need permission to display the national flag. The police alleged that Bora raised the flag without authorization.
These proceedings arose from sloganeering at Mandi House on October 16, ongoing protests near Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and claims that Bora incited individuals to participate in a demonstration at Connaught Place on the same day.
Bora was placed in preventive detention on October 16 while en route to join the Cockroach Janata Party's (CJP) 'Lehra Do Tiranga' march at Central Park in Connaught Place, but she was released the following day.
This case is part of the police's response to protests against Chief Election Commissioner Gyanesh Kumar, who faced allegations regarding the deletion of votes during the Special Intensive Revision (SIR) of electoral rolls.