Neha Bora Gets Police Evidence; Time Granted to Respond to Show-Cause Notice
Delhi Police supply evidence to AISA president Neha Bora as she prepares to respond to a show-cause notice regarding public peace.
In a significant turn of events in the preventive proceedings against AISA president Neha Bora, the Special Executive Magistrate (SEM) at Mandir Marg Police Station has directed the Delhi Police to hand over all relevant documents and materials to her. This move allows Bora to scrutinize the evidence the police are using against her before she submits her formal response to the show-cause notice issued to her.
Court Proceedings and Legal Arguments
Appearing before the SEM on Saturday, Neha Bora was represented by advocates Abhik Chimni and Pranjal Abrol. Her legal team argued that access to the police material is essential for her to understand the specific allegations and evidence the authorities have gathered.
On the other side, the Delhi Police were represented by legal consultants Prashanth Prakash and Bhairo Prasad, along with the Investigating Officer. The police raised concerns regarding Bora's conduct, submitting that she had organized a press conference prior to attending the court proceedings. They further noted her stated refusal to file a peace bond in public, arguing that any such grievances or statements should be presented directly before the court.
High Court’s Previous Stance
This development follows a ruling by the Delhi High Court on October 23, where Justice Subramonium Prasad refused to interfere with the preventive proceedings. The High Court held that the show-cause notice issued by the SEM complied with the law and did not violate the safeguards established by the Supreme Court in the case of Madhu Limaye v. Sub-Divisional Magistrate, Monghyr.
The court observed that the SEM had formed a valid opinion based on a police report and accompanying materials, justifying the initiation of proceedings under the Bharatiya Nagarik Suraksha Sanhita (BNSS). Consequently, the court dismissed Bora's petition challenging the notice, which required her to show cause as to why she should not provide a personal bond of ₹10,000 with one surety to maintain peace.
The Allegations Against Neha Bora
The police case against the AISA president stems from events on October 16, when Bora was detained after posting an invitation on Instagram for people to gather at Mandi House at 5 pm. The police report alleges that:
- Bora participated in protest activities despite the existence of prohibitory orders.
- She attempted to mobilize people for an unauthorized demonstration at Central Park in Connaught Place.
- There was a reasonable apprehension that her actions would lead to a breach of public peace and tranquillity.
The SEM's initial order, dated October 17, was based on a kalandara (police report) and submissions made by Sub-Inspector Vaishali Tushir, which highlighted her previous involvement in protest-related activities and the potential for further demonstrations.
What Happens Next?
With the documents now in her possession, Neha Bora will review the material to draft her response to the issues raised in the show-cause notice. The matter has been listed for further hearing on October 28.