All India Students’ Association (AISA) president Neha Bora has approached the Delhi High Court challenging a notice issued by the Delhi Police. The notice directed her to execute a bond before a Special Executive Magistrate (SEM) for allegedly “keeping peace”.
Information was available with The Chenab Times that Bora is seeking an urgent hearing from the High Court, which is currently observing the Dusshera vacation period.
The Delhi Police notice specifically required Bora to appear before the SEM on October 19 to execute a bond under Section 126 of the Bharatiya Nagarik Suraksha Sanhita. This section of the law empowers Special Executive Magistrates to demand a bond for maintaining peace if there is credible information suggesting a person is likely to breach the peace, disturb public tranquillity, or commit a wrongful act that could lead to such a disturbance.
Bora was previously taken into preventive detention on October 16. This occurred while she was en route to participate in a march organised by the Citizens for Justice and Peace (CJP), reportedly titled ‘Lehra Do Tiranga’. She was subsequently released on October 17.
The Bharatiya Nagarik Suraksha Sanhita, 2023, which is set to replace the Code of Criminal Procedure, 1973, outlines provisions for preventative action by magistrates. Section 126, among other provisions related to security for keeping the peace and good behaviour, allows for such measures to be taken to prevent anticipated breaches of law and order. The process involves the magistrate receiving information that leads them to believe a breach of peace is likely and then requiring the individual to furnish a bond with or without sureties.
The AISA, a prominent student organization in India, has often been vocal on various socio-political issues and has frequently organised protests and demonstrations. Its leaders and members have, at times, faced scrutiny from law enforcement agencies during periods of heightened political activity or public dissent.
The Delhi High Court’s intervention in such matters is crucial for upholding fundamental rights, including the freedom of assembly and speech, while also balancing the state’s responsibility to maintain public order. Legal experts note that such preventive detention and bond requirements are subject to judicial review to ensure they are not misused and comply with the principles of natural justice and constitutional safeguards.
The case highlights the ongoing legal and administrative mechanisms employed by authorities to manage potential public order situations. The outcome of Neha Bora’s petition before the Delhi High Court will likely be significant in clarifying the application of Section 126 of the Bharatiya Nagarik Suraksha Sanhita in contemporary contexts, particularly concerning the rights of activists and student leaders.
The Chenab Times News Desk