Neha Bora Case: SEM Court Orders Delhi Police to Hand Over Documents
SEM Court directs Delhi Police to provide evidence to AISA President Neha Bora after Delhi High Court dismissed her plea. Next hearing on Oct 29.
In a significant development regarding the preventive proceedings against the National President of the All India Students' Association (AISA), the Special Executive Magistrate (SEM) Court has directed the Delhi Police to provide all necessary documents to Neha Bora's legal counsel. The order comes after a legal battle that reached the Delhi High Court, with the next hearing now scheduled for October 29.
The Court Proceedings and Document Disclosure
Neha Bora appeared before the SEM Court at Mandir Marg Police Station on Saturday. During the proceedings, the Special Executive Magistrate granted the request to share the materials relied upon by the authorities. The court has allowed Bora's counsel time to review these documents and file a formal reply.
Advocate Abhik Chimni, representing Neha Bora, emphasized the importance of this disclosure. He stated that any individual facing detention or preventive action has a fundamental right to know the evidence held against them to ensure a reasonable opportunity to respond.
"We showed the SEM the judgment [from the High Court], and he has been kind enough to give us all the documents. We will now proceed and see those documents," said Advocate Chimni.
The Delhi High Court’s Previous Ruling
The move to the SEM Court follows a Friday ruling by the Delhi High Court, which dismissed Bora’s petition challenging a show-cause notice. The notice had required Bora to execute a personal bond of Rs 10,000 with a surety of an equal amount to maintain peace during the inquiry.
Justice Subramonium Prasad observed that the show-cause notice issued by the SEM met all legal requirements under Chapter IX of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court noted that the notice was issued after the SEM had reviewed a police report and accompanying materials, concluding there were sufficient grounds to initiate proceedings.
While the High Court refused to interfere with the initiation of the proceedings, it highlighted specific parameters in its judgment—specifically in paragraphs 38 and 50—ensuring that all underlying material used to suggest a potential breach of peace must be provided to the accused.
The Police Allegations
The legal friction stems from a police report alleging that Neha Bora engaged in activities that threatened public order. According to the authorities:
- Bora allegedly participated in protest-related activities despite the existence of prohibitory orders.
- She is accused of calling people to gather at Mandi House on October 16.
- Police claim she was involved in mobilizing individuals for an unauthorized demonstration at Central Park in Connaught Place.
The police maintained that these actions created a legitimate apprehension of a breach of public peace and tranquillity, justifying the preventive measures. The SEM will now independently decide if the bond is ultimately required after reviewing the reply from Bora's legal team on October 29.