Delhi High Court Rules SEM Notice Directing Neha Bora to Sign Peace Bond Was Not Based on Hearsay
High Court dismissed Bora's plea against notice.
Delhi High Court on Friday said that there is no hearsay involved in the notice issued by the Special Executive Magistrate (SEM) to issue a personal bond of Rs 10,000 and keep peace by All India Students Association (AISA) president Neha Bora.
The kalandara dated 17th October forms the basis of the show cause notice which contains the three GDs from various police stations from different days and incidents. Justice Subramonium Prasad stated this while rejecting her petition challenging the show-cause notice.
"Thus this Court is unable to sit on the chair of the SEM to examine the subjective satisfaction of adequacy of materials before him and whether the conclusion reached by him is correct or not." The bench commented.
The notice issued under the provisions of BNSS i.e section 126 and 130 are satisfied to invoke preventive action by the court.
These observations came while the bench was disposing off Bora's petition challenging the show cause notice issued against her.
It also asked the police to place all the material in front of her which would be relied upon while holding the enquiry and which were relied upon to issue the notice.
"It is hereby directed that the SEM shall ensure that the principles of natural justice are followed before passing any order directing her to furnish a bond."
It added that SEM shall form his own opinion after examining the material in light of holding enquiry and direct her to furnish a bond.
"We feel that it is prudent to mention that SEM should take note of the import of section 135 BNSS. He may or may not insist upon bond at the first instance as the provision enables to call for bond when a breach of peace or disturbance is likely to occur once the enquiry has begun but not completed," it further observed.
Bora was served with a show cause notice by the Delhi Police on 18th October which directed her to appear before the SEM on 19th October.
She was asked to submit a personal bond of Rs 10000 along with surety to "keep peace during the pendency of the enquiry" filed against her.
In her petition she alleged that she was served with a notice by the SEM on 17th October under section 126 & 130 read with section 135(3) of BNSS on grounds of apprehension of disruption of public peace.
That sloganeering was carried out at Mandi House, multiple protests near Jantar Mantar even after prohibition orders being passed under section 163 of the BNSS. Furthermore she was accused of inciting people to attend a protest at Connaught Place.
There was no material brought to the fore in the notice to show that breach of peace was likely to happen. Nor was there a date or event when the breach of peace was anticipated as per her petition.
This was just blatant abuse to put down dissent and violate her basic fundamental right to speech and expression and right to life and personal liberty.
Neha Bora was represented by senior advocate Gopal Sankaranarayanan along with advocates Abhik Chimni, Pranjal Abrol, Ayan Das Gupta, Moksha Sharma, Gurupal Singh, Kartik Venu, Vishal Sinha, Kanish Garg, Indu Mugi C and Aayushman Aggarwal.
For the police was additional solicitor general Chetan Sharma, central government standing counsel Ashish K Dixit and advocates Umar Hashmi, Amit Gupta, Shubham Sharma, Naman, Adhiraj Singh and Shaurya R Rai.
