In its current interpretation, peace bond won’t be signed by AISA: Neha

AISA president Neha on Saturday appeared before the special executive magistrate (SEM) at the Mandir Marg police station a day after the Delhi High Court dismissed her plea challenging a police showcause notice directing her to execute a Rs 10,000 “peace bond” with one surety.

Following HC directions, the SEM provided Neha’s counsel documents that formed the basis of the police allegation that there is a likelihood of her breaching peace and hence she should sign a “peace bond”. Neha had declined to sign the peace bond.

The SEM has given Neha time to reply by October 29, her advocate Abhik Chimni said.

Before reaching the SEM court around 2 pm, Neha held a press conference at the Press Club of India, where she criticised the concept of peace bonds itself.

Maintaining that signing the peace bond would squander the right to democratic dissent, Neha said, “As we take the movement forward, it is important for it to sustain so that peaceful demonstrations are not declared a breach of peace. In its current interpretation, the peace bond won’t be signed by AISA.”

When she reached the Mandir Marg police station, around 50 people were protesting against her, raising slogans. Her car was escorted inside by a Delhi Police security vehicle.

Around 4.30 pm, Neha left the police station. “The HC has dismissed the challenge to the showcause notice. However, it has laid down important parameters, stating that all material relied upon to suggest a possible breach of peace must be provided to us. Today, we showed the judgment to the SEM, who gave us all the documents. We will examine them before the next hearing on the 29th,” Chimni told mediapersons.

Story continues below this ad

“The court’s findings are important as they uphold the right of detained persons to know the allegations against them and have a reasoned opportunity to reply,” he added.

The showcause notice, issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directed Neha to appear before the magistrate and explain why she should not sign a personal bond of Rs 10,000 with one surety to maintain peace during the inquiry.

Neha approached the HC, challenging the notice which she said was vague, factually incorrect and unsupported by material indicating a likelihood of breach of peace.

Refusing to interfere with preventive proceedings initiated against Neha, the HC had observed that the showcause notice met the requirements of law. It had said that “it is not necessary that the SEM has to investigate like a fact-finding authority” at this stage.

Story continues below this ad

It also held that “even one incident is sufficient” for initiating preventive proceedings “if the circumstances so suggest that there is an apprehension that such a person will indulge in further incidents of the same nature which can breach peace and disturb public tranquillity”.

The case is part of the police action following protests against Chief Election Commissioner Gyanesh Kumar over allegations of deletion of votes through the Special Intensive Revision (SIR) of electoral rolls.

On October 16, Neha was detained at Mandi House while on her way to the ‘Lehra Do Tiranga’ march at Connaught Place. She was released the following day.