Justice Subramonium Prasad pronounced the order on Friday evening. The police notice asks the student leader to sign a ₹10,000 bond after her role in recent protests over alleged electoral fraud.
New Delhi: The Delhi High Court on Friday rejected a petition by Neha Bora, president of the All India Students’ Association (AISA). She had challenged a police notice asking her to sign a “peace bond” before a special executive magistrate (SEM). The notice came after her part in a wave of protests, especially a gathering at Mandi House on October 16 over alleged electoral fraud.
Justice Subramonium Prasad had reserved the verdict after hearing arguments on Thursday. He pronounced the order after 6 pm.
What the Notice Says
The SEM court in New Delhi district issued the notice on October 17, the day Bora was released from detention. It told her to appear before the magistrate and sign a personal bond of ₹10,000 with one surety. A surety is a person who promises to take responsibility if the bond is broken.
Under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), a magistrate can ask a person to sign such a bond if there is credible information that they are likely to breach the peace or disturb public order. In simple terms, it is a preventive step. It is not a punishment for something already proven. theprint
Bora’s Argument
Bora’s petition was filed through advocate Abhik Chimni. It called the notice ambiguous and factually incorrect. It also said the notice violated her fundamental rights under Articles 19 and 21 of the Constitution. These protect freedom of speech and assembly, and the right to life and personal liberty.
She argued that the notice did not give enough material to show she was likely to disturb the peace. She also said it did not name the period, occasion or event in connection with which such a breach was feared.
What Delhi Police Said
On Thursday, Additional Solicitor General Chetan Sharma appeared for Delhi Police. He cited 12 instances of alleged violations by Bora and said the proceedings were preventive in nature.
He alleged that Bora was part of a gathering where activist Prashant Bhushan and leaders of the Cockroach Janta Party (CJP) called for a change of regime.
Bora’s senior counsel, Gopal Sankaranarayanan, replied: “There is nothing wrong in regime change in a democracy.” The police lawyer responded: “Regime change will happen by votes, not by lumpen elements congregating in New Delhi.”
Sankaranarayanan also told the court that Bora had nothing to do with the CJP’s separate protest call at Central Park in Connaught Place on October 16. “She was dealing with her own call at Mandi House,” he said.
What Happened on October 16
Bora was detained on October 16 after she started a flag march with AISA activists. They were demanding the resignation of Chief Election Commissioner Gyanesh Kumar. She was released at around 6 am the next day.
The same day, CJP founder Abhijeet Dipke was detained at his home before a “Lehra Do Tiranga” rally at Connaught Place. The rally was called after two CJP members, Saurav Das and Ashutosh Ranka, were sent to judicial custody. They had been arrested for waving the national flag at Jantar Mantar on October 13.
Dipke was released the next day. Das and Ranka came out on Thursday after seven days in judicial custody.
Who Is Neha Bora?
Bora is 29. She is a theatre artist and a doctoral scholar at the School of Arts and Aesthetics at Jawaharlal Nehru University.
This month, she has been detained and released several times at protests called separately by the Left, the Congress-led INDIA bloc and the CJP. She has often posted videos on social media from inside police buses and detention centres.
In one video on October 10, she said, “I am in detention. The movement is not.” She had asked protesters to regroup at Dilli Haat after police blocked access to Jantar Mantar. In an interview with news agency Reuters, she said: “Fear is infectious, of course. But hope is also infectious.”
Her Political Links
AISA is the student wing of the CPI(ML)-Liberation, which is an ally of the Congress. Bora has moved between the opposition parties and the CJP, which began as a meme page.
During the INDIA bloc’s march to the Supreme Court on October 12, Leader of the Opposition Rahul Gandhi walked a step behind Bora and his sister, Congress general secretary Priyanka Gandhi Vadra. He kept his hands on each of their shoulders. The next day, Bora addressed the press after a meeting of INDIA bloc leaders at Rahul Gandhi’s residence. Congress president Mallikarjun Kharge had asked her to do so.
What Happens Next
The High Court’s order means the notice stands, and the proceedings before the SEM can continue. Bora can still present her side to the magistrate. The police claims are allegations, and the notice does not say she has been found guilty of anything.
