AISA’s Neha Bora Moves Delhi HC Against Peace Bond Notice, Alleges Curbs On Dissent

Neha Bora, president of the All India Students Association (AISA), has moved the Delhi High Court challenging a police notice requiring her to furnish a personal bond of ₹10,000 with a surety and undertake to maintain peace during an inquiry into a possible breach of public order.

Her legal team confirmed the development to Bar & Bench and said it may seek an urgent hearing during the court's Dussehra vacation. The Delhi High Court is scheduled to reopen on October 26.

The Delhi Police has directed Bora to appear before the Special Executive Magistrate (SEM) on October 19. According to her petition, the notice, issued on October 17, invokes Sections 126 and 130, read with Section 135(3), of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The notice requires her to furnish a personal bond of ₹10,000 with a surety as an undertaking to “maintain peace during the period of inquiry”.

Bora's legal team said it would inform the SEM that she would not execute the bond. Its next course of action would depend on the magistrate's response.

Bora Challenges Police Notice

In her petition, Bora has argued that the notice provides no specific material to establish the likelihood of a breach of peace. She has also pointed out that it does not identify any event or period during which the authorities apprehend such a breach.

Bora has disputed the allegation that she instigated people to participate in a protest at Connaught Place. According to her plea, she had called for a peaceful gathering at Mandi House at 5 pm on October 16, where she was subsequently detained.

The police notice refers to allegations of sloganeering at Mandi House, repeated protests around Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and claims that Bora encouraged people to join the Connaught Place protest.

Bora was detained during the Mandi House gathering on October 16. She has alleged that she was taken to an undisclosed location before being moved to the RK Puram police station, where she was held overnight. She was released at 6 am the following day and received the SEM notice on October 18.

Bora's Plea Raises Fundamental Rights Concerns

Bora has argued that the proceedings are preventive rather than punitive and that the notice does not refer to any specific past incident in which she was accused of breaching the peace.

“The impugned notice discloses no likelihood of a breach of the peace, which is the jurisdictional fact for Section 126 of the BNSS, as every allegation concerns peaceful protest,” the petition states.

She has further alleged that the proceedings seek to restrict peaceful dissent and violate her fundamental rights to freedom of speech, assembly and personal liberty.