New Delhi: AISA president Neha Bora on Saturday appeared before the special executive magistrate (SEM) at Mandir Marg Police Station, a day after the Delhi High Court rejected her plea against a police notice asking her to sign a Rs 10,000 “peace bond” with one surety.
During the hearing, the magistrate, following the high court’s directions, gave Bora’s lawyer the documents police used to claim that she could cause a breach of peace. The court also gave her time till October 29 to reply to the notice, her lawyer said.
Advocate Abhik Chimni said the defence would study the documents before replying at the next hearing.
“The high court has dismissed the challenge to the show-cause notice. However, it has laid down important parameters, stating that all material relied upon to suggest a possible breach of peace must be provided to us. Today, we showed the judgment to the SEM, who gave us all the documents. We will examine them before the next hearing on the 29th,” Chimni said.
“The court’s findings are important as they uphold the right of detained persons to know the allegations against them and have a reasoned opportunity to reply,” he added.
‘We Will Not Sign Bond’
Earlier in the day, Bora said she would not sign the peace bond and questioned why preventive action was being taken against protesters, as reported by The New Indian Express. “We don’t have any conditions. We are not going to sign the bond,” she said.
She alleged that peace bond proceedings were being used to stop democratic dissent. She said raising slogans or questioning institutions was not a breach of peace, and added that she would continue to challenge the proceedings.
The notice was issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It asked Bora to appear before the magistrate and explain why she should not sign a personal bond of Rs 10,000 with one surety to maintain peace during the inquiry.
What The High Court Said
Bora had moved the Delhi High Court against the notice. She said it was vague, factually wrong and not supported by material showing that she could breach peace.
Bora alleged that the proceedings were a “colourable exercise of preventive powers to suppress peaceful dissent, in violation of Articles 19(1)(a), 19(1)(b) and 21 of the Constitution.”
On Friday, the high court dismissed her plea but directed the authorities to give Bora all the material they had relied on. It also allowed her to reply to the allegations before the magistrate.
During the hearing, her lawyer said citizens did not need permission to hoist the national flag. Police have alleged that Bora hoisted the national flag without permission.
The case relates to sloganeering at Mandi House on October 16, repeated protests near Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and allegations that Bora urged people to join a demonstration at Connaught Place the same day.
Bora was detained on October 16 while going to join the Cockroach Janata Party’s (CJP) ‘Lehra Do Tiranga’ march at Central Park in Connaught Place. She was released the next day.
The action followed protests against Chief Election Commissioner Gyanesh Kumar over allegations that votes were deleted through the Special Intensive Revision (SIR) of electoral rolls.
