All India Students Association (AISA) president Neha Bora has moved the Delhi High Court challenging a police notice requiring her to furnish a personal bond of Rs 10,000 with a surety to maintain peace following her detention during a protest in the national capital last week.Bora alleged that the proceedings were initiated to curb peaceful protests and suppress dissent, arguing that the authorities had failed to establish any grounds suggesting that her activities could lead to a breach of public peace.The notice was issued by a Special Executive Magistrate (SEM) on October 17 and served on Bora the following day. It directed her to appear before the magistrate on October 19 and execute the bond to maintain peace during the pendency of the inquiry.The proceedings were initiated under Sections 126 and 130, read with Section 135(3), of the Bharatiya Nagarik Suraksha Sanhita (BNSS).In her petition, Bora questioned the basis of the notice, contending that it did not identify any specific incident in which she breached public peace or establish an imminent threat warranting preventive action.The notice reportedly refers to sloganeering at Mandi House, participation in protests near Jantar Mantar despite prohibitory orders and allegations that she encouraged people to join a demonstration at Connaught Place.Disputing these allegations, Bora maintained that she had called for a peaceful gathering at Mandi House on October 16, where she was detained by the police.She alleged that following her detention, she was initially taken to an undisclosed location and subsequently kept at RK Puram police station overnight before being released around 6 am the next morning.The petition argued that the preventive provisions of the BNSS could not be invoked merely because a person participated in demonstrations or raised slogans against the authorities. Bora also alleged that the action infringed upon her constitutional rights of freedom of speech, peaceful assembly and personal liberty.The petition stated, “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, and proceedings under the Chapter are preventive and not punitive…. Further, no previous incident alleging breach of peace has been specifically alleged in the notice.”Bora’s legal team has indicated that she would not sign the bond and that the magistrate would be informed of her decision. Further legal action would depend on the response of the SEM, the team said.The Delhi High Court is currently closed for the Dasehra vacation and is scheduled to reopen on October 26. Her lawyers may seek an urgent hearing during the vacation.


