New Delhi: All India Students’ Association (AISA) president Neha Bora Monday challenged before Delhi High Court a police mandate asking her to execute a bond before a special executive magistrate for “keeping peace.”
The petition submitted that the proceedings initiated by police before the magistrate are based on alleged incidents of sloganeering at Mandi House on Oct 16, repeated protests around Jantar Mantar despite prohibitory orders under section 163 of BNSS, and instigating people to participate in a protest in CP on Oct 16. “The impugned notice rests on a prima facie incorrect fact, namely that the petitioner instigated people to participate in the demonstration at Central Park, CP on Oct 16. The petitioner called for a peaceful gathering at Mandi House at 5.00 pm on Oct 16, and it is a matter of record that she was detained from Mandi House,” Bora’s petition said. “That the alleged disregard of ‘prohibitory orders 163 BNSS’ in the notice does not identify any specific prohibitory order and incident. In fact, the only order on record dated Aug 23 does not extend to Mandi House and exempts Jantar Mantar Road,” according to the plea.
In her plea, Bora argues the police notice is vague, factually incorrect and contains no material or information to substantiate the “likelihood” of breach of peace. It does not disclose a “period, occasion or event in relation to which breach is apprehended”, the plea argues, as it asserts that the proceedings are a “colourable exercise of preventive powers to suppress peaceful dissent, in violation of Articles 19(1)(a), 19(1)(b) and 21 of Constitution”. Bora, who has been at the forefront of recent protests against alleged irregularities in Election Commission ’s Special Intensive Revision (SIR) of electoral rolls, is likely to seek an urgent hearing in HC as the matter is yet to be listed. Her petition seeks quashing of the notice and directions to the police not to take any coercive action against her. The petitioner’s call and the incident alleged were different.