- AISA president challenged peace bond notice in High Court.
- Notice followed detention after a Mandi House protest.
- Bora argues notice lacks basis for peace breach.
All India Students’ Association (AISA) president Neha Bora has approached the Delhi High Court challenging a notice issued by the Sub-Divisional Executive Magistrate (SEM), asking her to furnish a Rs 10,000 bond to maintain peace.
According to AISA, Bora has sought a stay on the notice issued under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), as well as its withdrawal. Her lawyer is expected to seek an early hearing on the petition.
AISA has also alleged that Delhi Police personnel in plain clothes have been following Bora since her release from custody on October 16. The organisation claimed that the alleged surveillance was an attempt to intimidate her.
The Delhi High Court is currently closed for the Dussehra vacation and is scheduled to reopen on October 26. Bora’s legal team has said it may seek an urgent hearing during the vacation.
Why Was Neha Bora Issued The Notice?
Bora was detained on October 16 while attending a gathering at Mandi House. She has alleged that she was taken to an undisclosed location and later to RK Puram police station, where she was held overnight before being released at 6 am the next day. She received the SEM notice on October 18, according to her account.
The notice cited allegations of sloganeering at Mandi House, repeated protests near Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and allegedly instigating people to participate in a protest at Connaught Place.
Bora Challenges Grounds For Preventive Action
In her plea, Bora has argued that the notice does not disclose any material establishing a likelihood of a breach of public peace or identify a specific event or period during which such a breach is apprehended.
She has also disputed the allegation concerning the Connaught Place protest, stating that her call was for a peaceful gathering at Mandi House at 5 pm on October 16, where she was subsequently detained.
“The Impugned Notice discloses no likelihood of a breach of the peace, which is the jurisdictional fact for Section 126 of the BNSS, as every allegation concerns peaceful protest, and proceedings under the Chapter are preventive and not punitive. Further no previous incident alleging breach of peace has been specifically alleged in the Notice,” the plea states.
Plea Alleges Attempt To Curb Peaceful Dissent
Bora has alleged that the proceedings are an attempt to curb peaceful dissent and violate her fundamental rights to freedom of speech, assembly and personal liberty.
Advocates Abhik Chimni, Moksha Sharma, Ayan Dasgupta Samarendra, Pranjal Abrol and Gurupal Singh are representing Bora.
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