'In Contradiction To Our Right To Democratic Dissent': AISA President Neha Bora Says Won't Sign Peace Bond Before Court

24 Oct, 26
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'In Contradiction To Our Right To Democratic Dissent': AISA President Neha Bora Says Won't Sign Peace Bond Before Court

New Delhi: Neha Bora, National President of the All India Students Association (AISA) on Saturday said that she would not sign a peace bond before a Special Executive Magistrate in the backdrop of the recent Cockroach Janta Party (CJP)-led protests against Chief Election Commissioner Gyanesh Kumar.

Bora's statement comes a day after the Delhi High Court rejected her petition challenging a notice issued by the Delhi Police asking her to execute the bond before the SEM.

Addressing a presser in New Delhi alongside other AISA leaders, Bora said that neither she nor the students' body will sign a 'peace bond.' She argued that the use of such bonds to "suppress peaceful protests violates the democratic right to protest, which is guaranteed by the Constitution".

"The courts of the land will decide that the execution and interpretation of peace bonds is in contradiction of our fundamental right to democratic dissent," she said. Bora said that it was "important not to proclaim peaceful protests as 'breach of peace' in order to take the movement forward".

Citing the case of CJP founder Abhijit Deepke, Bora noted that action was taken against him despite having signed a 'peace bond.' She said that Dipke was taken into custody even while he was holding the tricolor (the Indian national flag).

The AISA chief also questioned the detention of protesters during a demonstration at Mandi House on October 16. She emphasized that the Constitution grants citizens the right to express their dissent peacefully.

Bora emphasised that democracy was “not merely about conducting elections; it also entails providing citizens the opportunity to raise their voices against threats to their voting rights and other fundamental freedoms”. 

She pointed out that concerns have been raised regarding the removal of a large number of names from the electoral rolls through the Special Intensive Revision (SIR) of the electoral rolls. She clarified that while the organisation has no objection to maintaining peace, 'peace' cannot be interpreted as a mandate to stop questioning the government.

"How can a peaceful protest be labeled a 'breach of peace'?"

Bora further alleged that the police used batons against protesters and mistreated women during the recent anti-CEC protests in Delhi. She also highlighted the actions reportedly taken against journalists and members of the independent media.

On Friday, the Delhi High Court dismissed Bora's petition challenging a notice issued by the Delhi Police asking her to execute a peace bond before a special executive magistrate. Justice Subramonium Prasad while passing the judgement, however, said that he has passed certain directions to the SEM on providing all material to the student leader in the proceedings.

The notice was issued to Bora by the Delhi Police on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It asked the AISA President to appear before the SEM on October 19 and show cause as to she should not execute a personal bond of Rs 10,000 with one surety “for keeping peace for a period of enquiry”.

While Additional Solicitor General Chetan Sharma, appearing for the Delhi Police, questioned the maintainability of Bora’s petition, senior advocate Gopal Sankaranarayanan, representing the AISA chief, said that the SEM had issued the notice to Bora without applying independent judgment, while terming it as a “cut and paste job”.

Bora, who has emerged one of the student faces of the recent anti-CEC stir, was taken into custody by the Delhi Police during the 'Lehra Do Tiranga' protest march called by CJP Founder Abhijeet Dipke on October 16. She was released on October 17, the same day when the peace bond notice was issued to her by the Delhi Police.