Neha Bora, the president of the All India Students’ Association (AISA), has filed a petition in the Delhi High Court in response to a notice issued by the Delhi Police. The notice requires her to execute a bond before a Special Executive Magistrate (SEM) aimed at maintaining peace. This legal action was initiated on Monday, as reported by the Press Trust of India.

Bora has been actively involved in protests concerning alleged irregularities in the Election Commission’s Special Intensive Revision of electoral rolls. In her petition, she seeks to have the police notice quashed and requests that the court prevent any coercive measures against her. Due to the High Court being closed for Dussehra vacation this week, she is expected to request an urgent hearing.

The police notice was issued on October 17, invoking Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It mandates that Bora appear before the SEM on October 19 to explain why she should not be required to execute a personal bond of Rs 10,000, along with one surety, to maintain peace during an inquiry period.

Details of the Police Notice

Section 126 of the BNSS allows an SEM to demand a bond from an individual if credible information suggests that the person may breach the peace, disturb public order, or engage in actions that could lead to such disturbances. The notice has raised concerns regarding its validity and the basis for its issuance.

Bora was reportedly taken into preventive detention on October 16 while en route to participate in a march organised by the Cockroach Janata Party. She was released the following day. In her legal filing, Bora argues that the police notice lacks clarity and factual accuracy, asserting that it does not provide sufficient information to substantiate the alleged likelihood of a breach of peace.

The petition highlights that the notice fails to specify any particular event, occasion, or period related to the anticipated breach. Bora’s legal team describes the proceedings as a misuse of preventive powers intended to suppress peaceful dissent, thereby violating her constitutional rights under Articles 19(1)(a), 19(1)(b), and 21.

Challenging the Allegations

Bora’s petition challenges the foundation of the police notice, which claims that she instigated individuals to participate in a demonstration at Central Park, Connaught Place, on October 16. She contends that her actual call was for a peaceful gathering at Mandi House at 5:00 PM on the same day, and she was detained at Mandi House prior to the alleged incident.

The notice also references a supposed violation of prohibitory orders under Section 163 of the BNSS, yet Bora’s legal representatives argue that it does not specify any particular order or incident. They point out that the only prohibitory order on record, dated August 23, does not apply to Mandi House and allows for gatherings on Jantar Mantar Road.

In summary, Neha Bora’s legal challenge against the police notice reflects her assertion of rights to peaceful assembly and dissent. She seeks the Delhi High Court’s intervention to annul the notice and protect her from any coercive actions stemming from the proceedings before the SEM.

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