The Delhi High Court will hear on Thursday, October 22, a petition filed by All India Students’ Association (AISA) president Neha Bora challenging preventive proceedings initiated against her by Delhi Police and a notice directing her to furnish a personal bond of ₹10,000 with one surety to maintain peace.
Justice Subramonium Prasad listed the matter for Thursday after Advocate Abhik Chimni, appearing for Bora, sought an adjournment during the hearing on Wednesday.
Bora has challenged a notice issued by a Special Executive Magistrate under Sections 126 and 130, read with Section 135(3), of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The notice required her to explain why she should not be directed to execute a bond for maintaining peace during the pendency of an inquiry.
The AISA president has sought quashing of the notice and the proceedings arising from it, along with a direction restraining the authorities from taking coercive action against her.
In her petition, Bora has alleged that the preventive proceedings constitute an arbitrary exercise of statutory powers intended to curb peaceful dissent. She has invoked Articles 19(1)(a), 19(1)(b) and 21 of the Constitution, which guarantee freedom of speech and expression, the right to assemble peacefully and the right to life and personal liberty.
The notice, dated October 17 and served on Bora on October 18, refers to allegations that she raised slogans at Mandi House, participated in repeated protests around Jantar Mantar despite prohibitory restrictions under Section 163 of the BNSS, and instigated people to join a demonstration at Central Park in Connaught Place on October 16.
Bora has disputed the factual basis of the notice, contending that it incorrectly attributes to her the mobilisation for the Connaught Place demonstration. According to her petition, she had called for a peaceful gathering at Mandi House at 5 pm on October 16 and was detained from that location.
She has also argued that the notice fails to identify with sufficient specificity the prohibitory order allegedly violated by her or the particular incident that warranted the initiation of preventive proceedings. The petition further contends that the authorities have not established any imminent threat to public peace or a sufficient basis for requiring her to execute the bond.
Bora was detained on October 16 amid protests against Chief Election Commissioner Gyanesh Kumar and alleged irregularities in the Election Commission’s Special Intensive Revision of electoral rolls. She was released the following morning.
The High Court will now consider her challenge to the legality of the preventive proceedings and the notice requiring her to furnish a peace bond.
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