Neha Bora moves Delhi HC against notice seeking ₹10,000 bond
What's the story
Neha Bora, the president of the All India Students Association (AISA), has moved the Delhi High Court against a notice issued by a Special Executive Magistrate (SEM). The SEM had ordered her to execute a personal bond of ₹10,000 and maintain peace "during the period of inquiry" against her. Bora's legal team may seek an urgent hearing during the court's Dussehra vacation, Bar and Bench reported. The court is currently closed for Dussehra vacation and will reopen on October 26.
Legal grounds
Notice issued under BNSS, 2023
The notice was issued under Sections 126 and 130, read with Section 135(3), of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. It cited fears of a breach of public peace and tranquility.
Bora was detained on October 16 while attending a protest at Mandi House, after which she was taken to an undisclosed location and then to RK Puram police station, where she spent the night before being released at 6:00am the next day.
Legal challenge
Petition seeks stay and withdrawal of notice
She received the notice on October 18.
It cited allegations of sloganeering at Mandi House and repeated protests around Jantar Mantar despite prohibitory orders under Section 163.
Bora, however, has questioned the legitimacy of the SEM notice, arguing that it doesn't disclose any material establishing a likelihood of a breach of peace.
They also disputed allegations regarding a protest at Connaught Place, stating Bora's call was for a peaceful gathering at Mandi House.
Allegations made
AISA accuses Delhi Police of intimidation
The petition seeks an immediate stay and withdrawal of the notice on grounds that it violates fundamental rights under Articles 19 and 21 of the Constitution.
The AISA also alleged that since her release, Bora had been followed by Delhi Police personnel in plain clothes. They questioned whether this was police protocol or an attempt to intimidate her.