Neha Bora Peace Bond Plea: Delhi High Court Rejects Petition

Updated 7:50 PM IST, 23 October: The Delhi High Court on Friday rejected Neha Bora’s writ petition against the notice asking her to sign a ₹10,000 peace bond. Justice Subramonium Prasad said, “I am rejecting the writ petition at this juncture,” according to LiveLaw and The Federal. The judge also directed the Special Executive Magistrate to give Bora all the material relied on in the proceedings before any order is passed. A detailed judgment was still awaited, and reports did not give the court’s reasoning. The case has not ended: the inquiry before the magistrate continues, and the police allegations remain untested.

The Delhi High Court on Thursday, 22 October, reserved its order on AISA president Neha Bora’s petition against a notice asking her to sign a ₹10,000 peace bond with one surety. Justice Subramonium Prasad heard both sides for more than two and a half hours, and the order was due on Friday, 23 October. The Special Executive Magistrate’s notice, dated 17 October, was issued under Sections 126 and 130 of the BNSS, read with Section 135(3), after the 16 October “Lehra Do Tiranga” protest in central Delhi.

Friday’s Order Decides Whether the Notice Stands

Bora had asked the court to quash the notice and all proceedings arising from it, and to stop the authorities from taking coercive action against her. Her petition argued that the notice shows no material pointing to a likely breach of peace, which Section 126 requires. It called the notice a colourable use of preventive powers to suppress peaceful dissent and cited Articles 19(1)(a), 19(1)(b) and 21 of the Constitution.

Regime Change Argument and the Police Reply

Her senior counsel, Gopal Sankaranarayanan, told the court: “There is nothing wrong in regime change in a democracy”, the Newsy Today report said. Additional Solicitor General Chetan Sharma, for the State, placed material before the court that included a joint press conference where Bora spoke about regime change. He argued that such change comes through elections, and questioned whether the petition was maintainable. The State said the proceedings are preventive, and cited six earlier FIRs, a Section 163 order for the Mandi House area, and police general diary entries.

According to the petition, Bora was detained around 5:30 PM on 16 October, shortly after reaching Mandi House, held overnight at R.K. Puram police station and released at 6 AM on 17 October. LiveLaw reported that the notice cites alleged sloganeering at Mandi House, repeated protests near Jantar Mantar despite prohibitory orders, and an allegation that she urged people to join the Connaught Place protest. The protest was part of the campaign against Chief Election Commissioner Gyanesh Kumar. IPB News has covered the release of Bora and the arrest of CJP founder Abhijeet Dipke and the law on preventive detention.

Magistrate’s Inquiry Goes On

The Delhi High Court is otherwise closed for the Dussehra break and reopens on 26 October, Bar & Bench reported on 19 October. The allegations in the notice are the police’s and have not been tested by a court. Bora’s side denies any likelihood of a breach of peace.

Source: Based on reporting by LiveLaw (live updates, 23 October), The Federal, LiveLaw, Bar & Bench and Newsy Today.

Image: The Times of India / LiveLaw.