Delhi HC agrees to hear Neha Bora's plea against 'maintain peace' directive on 'urgent basis'

The Delhi High Court has agreed to hear today (Wednesday, Oct 21), on an urgent basis, AISA President Neha Bora's plea challenging the notice issued by the Special Executive Magistrate (SEM) directing her to execute a bond of ₹10,000 and "maintain peace". The case was mentioned for urgent listing today and the court allowed the request.

In her petition, All India Students' Association (AISA) president has sought quashing of the October 17 notice issued under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, along with all proceedings arising from it. She has also sought directions to the authorities not to take any coercive action against her pursuant to the notice.

SEA notice and the allegations against Bora

The petition states that Bora was called upon to appear before the Special Executive Magistrate on October 19 and explain why she should not be required to furnish the bond under Section 135(3) of the BNSS. Challenging the notice, Bora has alleged that it does not disclose any material to substantiate the apprehension of a breach of peace and fails to specify the period, occasion or event in relation to which such a breach is anticipated.

According to the petition, the notice cites sloganeering at Mandi House on October 16, repeated protests around Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and an allegation that Bora instigated people to participate in a demonstration at Connaught Place on the same day.

Bora's response to SEA notice

Bora has disputed the allegation concerning the Connaught Place demonstration, contending that her call was for a peaceful gathering at Mandi House at 5 pm on October 16. She has submitted that she was detained from Mandi House and that the gathering she had called for was different from the demonstration referred to in the notice.

The petition further contends that the authorities have not supplied the underlying order and material relied upon to initiate the proceedings, thereby preventing her from effectively responding to the allegations. It also questions the reliance on prohibitory orders under Section 163 of the BNSS, arguing that the notice does not identify the specific order or incident allegedly violated. The plea states that an order dated August 23, issued by the Assistant Commissioner of Police, Sub-Division Parliament Street, did not cover Mandi House and exempted Jantar Mantar Road.

The August 23 order prohibited meetings, slogans, speeches and assemblies of five or more people across the sub-division for 60 days, until October 21, subject to the specified exemption.

The legal argument

Bora has argued that preventive proceedings cannot be initiated merely on the basis of participation in or a call for a peaceful protest, and that the authorities must demonstrate a proximate likelihood of a breach of peace. The petition alleges that the notice is vague, rests on incorrect factual assertions and amounts to an arbitrary exercise of preventive powers. The plea also invokes the fundamental rights to freedom of speech and expression, peaceful assembly and personal liberty under Articles 19 and 21 of the Constitution.

According to the petition, Bora was detained at Mandi House at around 5.30 pm on October 16, taken to an undisclosed location and subsequently to RK Puram police station, where she was held overnight. She was released at around 6 am on October 17. The notice issued by the Special Executive Magistrate followed the detention and required her to appear on October 19. Bora has contended that failure to grant relief would expose her to the possibility of being directed to execute the bond, with the prospect of detention in the event of non-compliance.

The petition comes in the backdrop of the proposed "Lehra Do Tiranga" march and demonstrations against the Election Commission's Special Intensive Revision (SIR) exercise. Protesters had also sought accountability from Chief Election Commissioner Gyanesh Kumar. Cockroach Janata Party (CJP)'s Abhijeet Dipke was also detained ahead of the march.