All India Students' Association (AISA) National President Neha Bora on Saturday rejected signing a security bond following the Delhi High Court's dismissal of her plea challenging a Special Executive Magistrate (SEM) court notice. The court notice had directed Bora to execute a Rs 10,000 peace bond with a surety to maintain public order during an ongoing inquiry.
Not Going To Sign The Bond, Says Neha
Speaking to ANI, Bora said, “We don't have any conditions. We are not going to sign the bond.” However, she confirmed she will appear before the SEM court, which has now been directed to provide her with the materials being relied upon in the proceedings. “The peace bond which is there today will not be signed by the AISA, or by me..The inquiry will have to move through the principles of natural justice,” Bora added.
She further stated that the Delhi High Court did not rule on the actual merits of the case at this stage, leaving the door open for further legal appeals. Bora pointed to page 34 of the order, which mandates the SEM court to explicitly share the evidence and relevant documents being used against her.
“It's already been questioned in court, as to why this exists, and the court also gave a positive response, that these are excessive. These are excessive measures that have been taken, and we hope... that as this case proceeds, there will be some relief in that too,” Bora said.
Separately, addressing a press conference, Bora called out police brutality against students and violation of constitutional rights. These developments come after the Delhi High Court on Friday dismissed a writ petition filed by Bora challenging a notice issued by a Special Executive Magistrate asking her to execute a bond of Rs 10,000 with one surety to maintain peace during the period of inquiry. While Rejecting the petition, Justice Subramonium Prasad said, "The writ petition is rejected. However, there are certain directions. All the material is to be furnished to her."
What's Next For Bora?
Her refusal to sign the bond has sparked concern over whether she would be arrested or detained. In India, a person can face arrest, detention or remand to judicial custody if they refuse to sign a security bond. Under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an Executive Magistrate can order a person to sign a "peace bond" if they are suspected of breaching the peace or are likely to.
However, the exact legal consequences depend on the context under which the bond is demanded. In Neha’s case, the police cannot immediately arrest her for merely refusing to sign. As per the Delhi High Court's latest order, the SEM court must first provide her all the evidence the police have collected against her. Secondly, while Bora has refused to sign the security bond, she has confirmed she will personally appear before the SEM.
Her appearance before the SEM matters as after appearing, if she receives a final order forcing her to sign the bond, she can legally challenge that new order in the High Court by filing a fresh petition. A final decision on whether she will face detention will only be made after the magistrate reviews her arguments and the evidence presented before the court.
Earlier on Friday, Senior advocate Gopal Sankaranarayanan, appearing for Bora, had argued that the notice was issued without proper application of mind and contained assertions that were disputed by Bora. According to ANI, he told the court that Bora had called for a gathering at Mandi House on October 16 after Jantar Mantar was denotified as a protest site. However, he argued that her call was for a peaceful gathering and did not amount to an exhortation to violence or the commission of an offence.