The Delhi High Court has rejected a petition filed by All India Students’ Association (AISA) president Neha Bora challenging a police notice that required her to execute a peace bond before a special executive magistrate.
Justice Subramonium Prasad pronounced the order on Friday, October 23, after reserving the verdict following arguments from both sides a day earlier.
The notice, issued by the Special Executive Magistrate in New Delhi district on October 17, directed Bora to appear before the magistrate and execute a personal bond of Rs. 10,000 with one surety to maintain peace.
The proceedings stemmed from her participation in protests in the national capital, including a gathering at Mandi House on October 16, amid demonstrations over alleged electoral fraud.
Why Neha Bora challenged the notice
Bora approached the High Court seeking to challenge the notice, arguing that it was ambiguous and factually incorrect. Her petition also alleged that the proceedings infringed her fundamental rights under Articles 19 and 21 of the Constitution.
She contended that the notice did not provide sufficient material to establish a likelihood of a breach of peace. It also failed to specify the period, occasion or event in connection with which the authorities apprehended such a breach, according to her petition.
Bora’s counsel further argued that she had organised a separate gathering at Mandi House and was not involved in the Cockroach Janta Party’s protest call at Central Park in Connaught Place on October 16.
The petition sought relief against the notice and the proceedings arising from it.
What the police told the court
During the hearing, Additional Solicitor General Chetan Sharma, appearing for the Delhi Police, referred to 12 instances of alleged violations involving Bora and argued that the proceedings were preventive in nature.
The police also referred to a gathering at which activist Prashant Bhushan and Cockroach Janta Party leaders allegedly called for a change of regime.
Bora’s counsel countered that she had attended a separate protest at Mandi House and that statements made at a gathering could not automatically be attributed to her.
The arguments centred on the basis for initiating preventive proceedings and the allegations cited in the notice.
Neha Bora was detained during a protest on October 16
Bora was detained on October 16 while taking part in a flag march with AISA activists demanding the resignation of Chief Election Commissioner Gyanesh Kumar. She was released at around 6 am on October 17.
The peace bond notice was issued on October 17, the day she was released from detention. It directed her to appear before the special executive magistrate and explain why she should not be required to furnish the bond.
The notice referred to allegations including raising slogans during the Mandi House protest, participating in repeated protest-related activities around Jantar Mantar despite prohibitory orders, and encouraging people to join an unauthorised demonstration at Central Park in Connaught Place.
Bora disputed aspects of the allegations in her court petition, including the claim that she had instigated people to participate in the Central Park demonstration.
What happens after the court’s decision
With the High Court rejecting Bora’s petition, she has not obtained the relief she sought against the police notice. The notice requiring her to execute the peace bond remains in effect, according to reports on the court’s decision.
The dismissal concerns her challenge to the notice. The allegations cited in the preventive proceedings should not, by themselves, be treated as findings that she committed an offence.