New Delhi: AISA president Neha Bora appeared before the special executive magistrate (SEM) at Mandir Marg Police Station Saturday, a day after the Delhi High Court dismissed her plea challenging a police notice directing her to execute a Rs 10,000 “peace bond” with one surety.
During the proceedings, the magistrate, following the High Court’s directions, provided Bora’s counsel with the documents that formed the basis of the police allegation that there is a likelihood of breach of peace and gave her time to reply by October 29, her lawyer said.
Advocate Abhik Chimni said the defence would examine the material before responding to the notice at the next hearing.
“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,” Chimni said.
“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,” he added.
Earlier in the day, Bora reiterated that she would not sign the peace bond, questioning the use of preventive proceedings against protesters.
“We don’t have any conditions. We are not going to sign the bond,” she said.
Bora also alleged that peace bond proceedings were being used to curb democratic dissent and maintained that raising slogans or questioning institutions did not amount to a breach of peace. She said she would continue to challenge the proceedings.
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 sign a personal bond of Rs 10,000 with one surety to maintain peace during the inquiry.
Bora approached the Delhi High Court, challenging the notice which she said was vague, factually incorrect and unsupported by material indicating a likelihood of 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 the Constitution.”
Dismissing her plea on Friday, the High Court directed that Bora be supplied with all material relied upon by the authorities, allowing her an opportunity to respond to the allegations before the magistrate.
During the hearing, her counsel argued that citizens did not require permission to hoist the national flag. The police have alleged that Bora hoisted the national flag without permission.
The proceedings stem from 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 instigated people to join a demonstration at Connaught Place on the same day.
Bora was taken into preventive detention on October 16 while on her way to join the Cockroach Janata Party’s (CJP) ‘Lehra Do Tiranga’ march at Central Park in Connaught Place. She was released the following day.
The case is part of the police action following protests against Chief Election Commissioner Gyanesh Kumar over allegations of deletion of votes through the Special Intensive Revision (SIR) of electoral rolls.