AISA president Neha Bora appeared before a special executive magistrate at Delhi's Mandir Marg Police Station on Saturday, a day after the Delhi High Court dismissed her challenge to a police notice asking her to furnish a Rs 10,000 bond to maintain peace, along with one surety, the Press Trust of India reported.
The magistrate provided Bora's lawyer with the documents on which the police based their claim that there was a likelihood of a breach of peace. Following the High Court's directions, she was given until October 29 to respond.
Advocate Abhik Chimni told PTI that the defence would examine the documents before replying to the notice at the next hearing.
"The High Court has dismissed the challenge to the show-cause notice. However, it has laid down important parameters, stating that all material relied upon to suggest a possible breach of peace must be provided to us. Today, we showed the judgment to the SEM, who gave us all the documents. We will examine them before the next hearing on the 29th," Chimni said.
"The court's findings are important as they uphold the right of detained persons to know the allegations against them and have a reasoned opportunity to reply," he added.
Earlier in the day, Bora reiterated that she would not sign the bond and questioned the use of preventive proceedings against protesters. "We don't have any conditions. We are not going to sign the bond," she said.
Bora alleged that such proceedings were being used to curb democratic dissent. She maintained that raising slogans or questioning institutions did not amount to a breach of peace and said she would continue to challenge the proceedings.
The notice, issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, directed Bora to appear before the magistrate and explain why she should not furnish a personal bond of Rs 10,000, with one surety, to maintain peace during the inquiry.
Bora moved the Delhi High Court against the notice, calling it vague, factually incorrect and unsupported by material indicating a possible 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 the Constitution".
While dismissing her plea on Friday, the High Court directed the authorities to provide Bora with all the material on which they had relied and give her an opportunity to respond before the magistrate. During the hearing, her lawyer argued that citizens did not need permission to hoist the national flag. The police have alleged that Bora hoisted the flag without permission.
The proceedings arose from sloganeering at Mandi House on October 16, repeated protests around Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and allegations that Bora encouraged people to join a demonstration at Connaught Place that day.
Bora was taken into preventive detention on October 16 while she was on her way to join the Cockroach Janata Party's 'Lehra Do Tiranga' march at Central Park in Connaught Place. She was released the next day.
The case is part of police action following protests against Chief Election Commissioner Gyanesh Kumar over allegations of deletion of votes through the Special Intensive Revision of electoral rolls. Bora has refused to sign the peace bond and will respond to the police material at the next hearing on October 29.
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