Delhi HC rejects AISA chief Neha Bora’s plea against police ‘peace’ bond notice
NEW DELHI: The Delhi high court rejected a plea filed by All India Students' Association (AISA) president Neha Bora challenging a police notice directing her to execute a bond for “keeping peace” before a Special Executive Magistrate.Bora had moved the high court on Monday, arguing that the notice was vague, factually incorrect and unsupported by material establishing the likelihood of a breach of peace.She alleged that the proceedings were a “colourable exercise of preventive powers to suppress peaceful dissent, in violation of Articles 19(1)(a), 19(1)(b) and 21 of Constitution”.During Thursday's hearing, Bora's counsel argued that citizens do not need permission to hoist the national flag, referring to the police notice which alleged that she had hoisted the flag without valid permission.The notice, issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directed Bora to appear before the magistrate on October 19 and explain why she should not execute a personal bond of Rs 10,000 with one surety “for keeping peace for a period of enquiry.”
Bora was taken into preventive detention on October 16 while on her way to participate in the Cockroach Janata Party's (CJP) ‘Lehra Do Tiranga’ march at Central Park in Connaught Place.
She was released the following day.According to her petition, the police initiated proceedings based on alleged sloganeering at Mandi House on October 16, repeated protests around Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and allegations that she had instigated people to join a demonstration at Connaught Place on the same day.“The impugned notice rests on a prima facie incorrect fact, namely that the petitioner instigated people to participate in the demonstration at Central Park, CP on Oct 16. The petitioner’s call and the incident alleged were different. The petitioner called for a peaceful gathering at Mandi House at 5.00 pm on Oct 16, and it is a matter of record that she was detained from Mandi House,” Bora’s petition said.