Delhi High Court rejects AISA chief Neha Bora’s plea against peace bond notice

The Delhi High Court on Friday dismissed a petition by All India Students Association (AISA) national president Neha Bora challenging a notice requiring her to furnish a personal bond of ₹10,000 with one surety to maintain peace during an inquiry. Bora was detained during an anti-Chief Election Commissioner protest at Mandi House on October 16.

Justice Subramonium Prasad, while pronouncing the order, said there were “adequate safeguards” in place. He directed the Special Executive Magistrate to “take care” and provide Bora with all relevant material before passing any order following the inquiry.

Why did Bora challenge the notice?

Bora approached the High Court seeking to quash the October 17 notice issued under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), read with Section 135(3). She also sought protection against coercive action by the authorities.

The provisions allow magistrates to initiate preventive proceedings when information suggests that a person may disturb public peace. Under Section 135(3), a magistrate can require a person to execute a bond to maintain peace during an inquiry, subject to the statutory conditions.

The petition argued that the notice did not identify material establishing a likelihood of breach of peace, a prerequisite for initiating proceedings under Section 126.

Arguments before the court

Senior advocate Gopal Sankaranarayanan, appearing for Bora, told the court that the October 16 gathering had been peaceful and that she had never called for violence. He also argued that seeking regime change was not objectionable in a democracy.

Sankaranarayanan contended that the notice had been issued mechanically, arguing that a preliminary inquiry was necessary even before seeking an interim bond.

Additional Solicitor General Sharma countered that Section 126 allowed a broad assessment based on the information received, which did not necessarily have to translate into evidence or established facts.

What happened during the protest?

According to the petition, Bora had called for a peaceful gathering at Mandi House at 5 pm on October 16 to unfurl the national flag at Central Park in Connaught Place as part of protests against the Chief Election Commissioner.

She alleged that she was detained around 5:30 pm, taken to an undisclosed location and later moved to R.K. Puram Police Station. She remained there overnight and was released at 6 am on October 17.

The notice, received on October 18, cited alleged sloganeering, repeated protests around Jantar Mantar despite prohibitory orders and claims that Bora had instigated people to join the Connaught Place gathering.