HC Asks Authorities to Share Documents With AISA Chief Neha Bora

The Delhi High Court has rejected a petition by Neha Bora, president of the All India Students Association (AISA), against a notice asking her to furnish a Rs 10,000 personal bond and a surety to keep the peace. While dismissing the plea, the court directed that the documents and material relied upon in the case be supplied to her.

Justice Subramanium Prasad, hearing the matter as a single judge, also asked the Special Executive Magistrate to act with due care when issuing any order after the inquiry is concluded.

The contested notice, dated October 17, was issued under Sections 126 and 130 and Section 135(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It required Bora to execute a bond for keeping the peace.

Senior advocate Gopal Sankaranarayanan, representing Bora, told the court that she was detained within 10 to 15 minutes of reaching Mandi House on the evening of October 16. He said she had neither committed any crime nor engaged in conduct that could disturb public order, and claimed her custody was illegal.

He added that Bora was not connected to the Tiranga event called by the Cockroach Janta Party (CJP) at Central Park, Connaught Place. He further alleged that she was not permitted to speak with her family or lawyers soon after being taken into custody.

According to the counsel, the case was initiated without adequate preliminary inquiry or proof, which he said was not in line with the law. He also argued that under Section 136 of the BNSS, a bond for keeping the peace can be required only after the inquiry is complete.

Appearing against the petition, Additional Solicitor General Chetan Sharma stated that Bora had committed 12 violations in quick succession, and that the magistrate had examined each of them. He referred to a press conference where Bora allegedly commented on a change of power, and argued that such change comes through votes, not through disruptive groups in a sensitive part of New Delhi.

The petition had stated that the notice failed to outline any solid grounds indicating a probable breach of peace, which it described as a necessary condition for preventive action under Section 126 of the BNSS.

On October 16, Delhi Police detained Neha Bora and several others. Security in central Delhi had been tightened in view of the proposed Tiranga Assembly at Central Park, Connaught Place, planned by the Cockroach Janta Party. The New Delhi Municipal Council had not granted permission for the demonstration scheduled for 5 pm.