Neha Bora, president of All India Students’ Association, moves Delhi High Court against a magistrate's notice issued under Section 126 and Section 130 of the Bharatiya Nagarik Suraksha Sanhita. Bora argues that the notice does not disclose material for breach of peace or specify a particular event.
Student leader Neha Bora, president of the All India Students’ Association, has approached the Delhi High Court against a magistrate's notice issued under Section 126 and Section 130 of the Bharatiya Nagarik Suraksha Sanhita. The notice, invoked on Saturday, directs Bora to appear before the special executive magistrate and furnish a personal bond of Rs 10,000 with a surety to 'maintain peace during the period of inquiry'.
The allegations against Bora include shouting slogans at Mandi House, repeatedly protesting near Jantar Mantar despite prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, and instigating people to participate in a protest at Connaught Place. However, Bora has disputed these allegations, arguing that the notice does not disclose any material establishing a likelihood of a breach of peace or identify a specific event or period during which such a breach is apprehended.
Bora's lawyers have informed the magistrate that she would not furnish the bond and will decide their next course of action depending on the official’s response. The Delhi High Court is currently closed for the Dussehra vacation and is scheduled to reopen on October 26, and Bora’s legal team may seek an urgent hearing during the vacation.
Bar and Bench reported that Bora was detained on Friday while participating in a flash protest by the student group near Barakhamba Road demanding the resignation of Chief Election Commissioner Gyanesh Kumar. According to Bora, they were taken to an undisclosed location and later to the RK Puram Police Station. Bora was held at the police station overnight before being released at 6 am, the following day.
Bora also contested the allegation concerning a protest at Connaught Place, stating that they had called for a peaceful gathering at Mandi House at 5 pm on Friday, from where they were detained. Bora argued that the proceedings violate their fundamental rights to freedom of speech, assembly and personal liberty.
Source:
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