Delhi HC Rejects Neha Bora’s Peace Bond Plea
The Delhi High Court on Friday, dismissed a petition filed by All India Students’ Association (AISA) president Neha Bora challenging a notice requiring her to explain why she should not furnish a ₹10,000 peace bond. The court held that a Special Executive Magistrate had sufficient material to initiate preventive proceedings over concerns about a possible breach of public peace.
Delhi High Court Upholds Peace Bond Notice
Justice Subramonium Prasad rejected Bora’s argument that the notice lacked adequate factual grounds or independent consideration by the magistrate.
The court observed that the relevant area around Mandi House experiences heavy pedestrian and vehicular movement, making public order considerations significant.
It also noted that prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were in force when the alleged incidents occurred.
Court Cites Six FIRs Against Neha Bora
The High Court noted that Bora had been named in six FIRs and that police records referred to alleged violations of prohibitory orders despite warnings.
The court observed that even a single incident could justify initiating preventive proceedings where circumstances indicated a reasonable apprehension of further disturbances.
Bora’s lawyers argued that the notice was based on inaccurate allegations and that preventive powers were being used to restrict peaceful dissent.
Court Orders Safeguards in Preventive Proceedings
The High Court directed Delhi Police to provide Bora with the materials relied upon when issuing the notice.
It also instructed the Special Executive Magistrate to uphold natural justice and examine the requirements of Section 135 of the BNSS before ordering a bond.
The proceedings followed Bora’s detention on October 16 during protests associated with the ‘Lehra Do Tiranga’ march.
The ruling permits the preventive inquiry to proceed but does not establish criminal guilt or automatically require Bora to furnish the bond.
