All India Students Association (AISA) president Neha Bora on Thursday told the Delhi High Court that she had no role in the Cockroach Janata Party’s (CJP) protest call, challenging a notice directing her to furnish a personal bond of ₹10,000 and maintain peace following her detention on October 16.
Bora’s counsel argued that she had neither committed an offence nor engaged in any activity that could be considered a breach of peace. After hearing arguments from both sides, the High Court reserved its order for Friday.
The petition challenges a notice issued by a Special Executive Magistrate (SEM) on October 18, a day after Bora was released following her detention while marching towards Mandi House. The notice cited repeated protests around Jantar Mantar, which has been denotified as a protest site, and alleged that she had instigated people to move towards Connaught Place despite prohibitory orders.
Lawyer Says No Call for Violence
Senior advocate Gopal Sankaranarayanan, appearing for Bora, told the court that she was detained barely 10 to 15 minutes after reaching Mandi House on October 16. He maintained that she had not committed any offence or breached the peace.
Referring to a social media post announcing a gathering at Mandi House at 5 pm, the lawyer said the post merely stated, “see you today at 5 PM,” and contained no call for violence or any unlawful activity.
He also cited a press conference held on October 15 and a social media post published the following day, arguing that Bora’s activities had remained peaceful.
Sankaranarayanan further submitted that Bora had participated in previous protests and made public statements without facing objections from the authorities. He described her as an active public figure and stressed that her statements focused on reform.
Centre Disputes Bora’s Arguments
Additional Solicitor General Chetan Sharma, representing the Centre and Delhi Police, argued that Bora had repeatedly violated restrictions, Live Law reported.
The Centre maintained that the Special Executive Magistrate had considered the material provided by the investigating officer before issuing the notice. Sharma also disputed Bora’s claim that she had separated herself from the CJP during the march towards Connaught Place.
The Centre argued that prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were in force in Connaught Place and surrounding areas. It further alleged that Bora had moved past police barricades while proceeding towards the restricted area.
On the question of political change, Sankaranarayanan argued that a change of government was a legitimate part of democracy. The Centre countered that such changes must take place through voting rather than unlawful actions.
High Court Raises Personal Liberty Concerns
During the hearing, the court highlighted concerns about the implications of proceedings that effectively require a person to demonstrate that they will maintain good behaviour. It observed that the matter involved questions relating to the right to life and personal liberty under Article 21 of the Constitution.
Bora’s counsel argued that the notice was vague and factually incorrect, claiming there was no sufficient material to establish that she was likely to breach the peace.
The petition also contends that preventive proceedings were being used to restrict peaceful dissent and infringe her fundamental rights to freedom of speech and expression, peaceful assembly, and personal liberty under Articles 19(1)(a), 19(1)(b) and 21 of the Constitution.
Legal Basis of the Peace Bond
The notice was issued under Section 126 of the BNSS, which allows an executive magistrate to require a person to furnish a bond for keeping the peace when credible information indicates a likelihood of a breach of peace or disturbance of public tranquillity.
Bora was placed under preventive detention on October 16 while travelling to participate in the CJP’s ‘Lehra Do Tiranga’ march. She was released the following day.
The Delhi High Court has reserved its decision on her petition, with its order expected on Friday.