SEM shares breach-of-peace details with AISA chief Neha Bora; next hearing on Oct 29

AISA president Neha Bora appeared before the special executive magistrate (SEM) at Mandir Marg Police Station on Saturday, a day after the Delhi High Court dismissed her plea challenging a police notice directing her to execute a Rs 10,000 bond with one surety to maintain peace during an inquiry.

During the proceedings, the SEM directed the police to provide the relevant documents to Bora’s counsel and granted time to file a reply. The next hearing is scheduled for October 29. Advocate Abhik Chimni, commenting on the High Court’s judgment, said, "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. 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."

Earlier on Saturday, Bora said she would not sign the bond. "We don't have any conditions. We are not going to sign the bond," she said.

Why was Neha Bora issued a notice? The notice, issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directed Bora to appear before the magistrate and explain why she should not execute a personal bond of Rs 10,000 with one surety to maintain peace during the inquiry. Bora challenged the notice in the Delhi High Court, arguing that it was vague, factually incorrect and unsupported by material indicating a likelihood of a breach of peace. She 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 Constitution". During a hearing on Thursday, her counsel argued that citizens did not need permission to hoist the national flag, responding to the police's allegation that Bora had hoisted it without valid permission.

The proceedings relate to alleged sloganeering at Mandi House on October 16, repeated protests around Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and allegations that Bora had instigated people to join a demonstration at Connaught Place that day. Bora was taken into preventive detention on October 16 while on her way to participate in the Cockroach Janata Party's (CJP) 'Lehra Do Tiranga' march at Central Park in Connaught Place. She was released the following day. While dismissing her plea on Friday, the High Court directed the magistrate to provide Bora with all relevant material relied upon in the proceedings, allowing her an opportunity to respond to the allegations.