AISA president Neha Bora has moved the Delhi High Court against a Delhi Police notice requiring her to execute a bond for keeping peace, arguing that the preventive proceedings are vague, factually incorrect and unsupported by material showing a likely breach of peace.
Bora is expected to seek an urgent hearing, although her petition had not been listed when the matter was reported. The notice, issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directed her to appear before a special executive magistrate on October 19 and explain why she should not execute a personal bond of Rs 10,000 with one surety for the period of enquiry.
Section 126 allows a special executive magistrate to require a person to execute a bond for keeping the peace when there is credible information that the person may commit a breach of peace, disturb public tranquillity or commit a wrongful act likely to cause such a disturbance, according to the report.
Bora has been involved in recent protests against alleged irregularities in the Election Commission’s Special Intensive Revision of electoral rolls. She was taken into preventive detention on October 16 while travelling to participate in the Cockroach Janata Party’s ‘Lehra Do Tiranga’ march at Central Park in Connaught Place and was released the following day.
In her petition, Bora has sought the quashing of the notice and directions restraining the police from taking coercive action against her. She has argued that the notice does not identify the specific period, occasion or event in relation to which a breach of peace was apprehended.
The petition alleges that the proceedings amount to a colourable exercise of preventive powers and violate the constitutional protections under Articles 19(1)(a), 19(1)(b) and 21. These provisions concern freedom of speech and expression, the right to assemble peacefully without arms, and protection of life and personal liberty.
According to the petition, the police action refers to alleged sloganeering at Mandi House on October 16, repeated protests around Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and alleged efforts to instigate people to participate in a protest at Connaught Place.
Bora has disputed those assertions. Her plea states that she had called for a peaceful gathering at Mandi House at 5pm on October 16 and that she was detained from Mandi House, rather than from Central Park. It also argues that the notice does not identify a specific prohibitory order or incident connected with the alleged violation.
The petition further states that the only order on record dated August 23 did not extend to Mandi House and exempted Jantar Mantar Road. The court’s response and any directions on the request for urgent listing will determine the next stage of the proceedings.
