Delhi High Court on Friday rejected AISA president Neha Bora’s plea challenging the Special Executive Magistrate (SEM) court notice asking her to execute a Rs 10,000 bond with a surety to maintain peace during the inquiry.
The court has also directed the magistrate to furnish all relevant material to Bora. Bora was detained during a protest at Delhi's Mandi House on October 16.
Court cites adequate safeguards
Justice Subramonium Prasad, while pronouncing the order, observed that “adequate safeguards” were in place and that the Special Executive Magistrate had been directed to ensure that AISA leader Neha Bora was provided with all relevant materials before passing any order during the inquiry. Bora had challenged an October 17 notice issued under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), read with Section 135(3), which deals with preventive proceedings and bonds to maintain peace during an inquiry. She sought the quashing of the notice and related proceedings, along with protection against coercive action by the authorities.
Defence challenges preventive proceedings
Senior advocate Gopal Sankaranarayanan, appearing for Bora, argued that she had called for a peaceful protest on October 16 and had never advocated violence. He contended that the notice was issued mechanically and lacked material establishing a likelihood of breach of peace, a prerequisite for initiating preventive proceedings. According to Bora's petition, she was detained while heading to a gathering at Mandi House to unfurl the national flag at Connaught Place's Central Park and was held overnight before being released on October 17.
The notice cited alleged sloganeering, repeated protests despite prohibitory orders and claims that she had instigated people to join the demonstration. Opposing the plea, Additional Solicitor General Chetan Sharma argued that Section 126 allowed the magistrate to act on subjective satisfaction based on information received, which need not necessarily amount to established evidence or facts.
