Neha Bora moves Delhi High Court against notice to sign bond and "maintain peace"

All India Students Association (AISA) president Neha Bora has approached the Delhi High Court against a notice issued by the Special Executive Magistrate (SEM) directing her to execute a personal bond of ₹10,000 and maintain peace.

Bora's legal team confirmed the development to Bar & Bench.

The High Court is currently shut for Dussehra vacation and will reopen only on October 26.

Bora's legal team said they may seek an urgent hearing during the vacation.

They further stated that the Delhi Police issued notice to Bora on October 18, directing her to appear before the Special Executive Magistrate (SEM) on October 19.

The notice directed her to execute a personal bond of ₹10,000 with a surety to “maintain peace during the period of inquiry” against her.

They added that today they will inform the SEM that they will not sign the bond and, depending on the SEM's response, action will be taken.

According to Bora’s plea, the notice dated October 17 was issued by the Special Executive Magistrate (SEM) under Sections 126 and 130, read with Section 135(3), of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, citing apprehensions of breach of public peace and tranquillity.

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 subsequently to RK Puram police station, where she was held overnight before being released at 6 AM the following day. She received the SEM notice on October 18.

The notice cited allegations of sloganeering at Mandi House, repeated protests around Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and allegedly instigating people to participate in a protest at Connaught Place.

However, Bora has argued that the notice does not disclose any material establishing a likelihood of breach of 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. Bora argued that her call was for a peaceful gathering at Mandi House at 5 pm on October 16, where she was subsequently detained.

“That 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. 

Bora has alleged that the proceedings amount to 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 Neha Bora.