Delhi: All India Students’ Association (AISA) president Neha has approached the Delhi High Court challenging a notice issued by the New Delhi District Police directing her to execute a personal bond of Rs 10,000 with one surety to maintain peace during an inquiry.
According to an AISA press statement issued on October 19, the notice, dated October 17 and served on Neha on October 18, directed her to appear before the Special Executive Magistrate (SEM), New Delhi District, at 2 pm on October 19. It was issued under Sections 126 and 130, read with Section 135(3), of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Neha has challenged the notice in the High Court, seeking an immediate stay and its withdrawal. The petition reportedly argues that the notice is prima facie ambiguous, factually incorrect and violative of Articles 19 and 21 of the Constitution, which protect fundamental freedoms and the right to life and personal liberty.
AISA said the legal team, led by Abhik Chimni, Pranjal Abrol, Moksha and others, would approach the Chief Justice of the Delhi High Court to seek an urgent hearing. The lawyers would also appear before the SEM on Neha’s behalf to respond to the notice and inform the magistrate about the challenge pending before the High Court.
AISA alleges police intimidation
The student organisation has also questioned why Neha has allegedly been followed by Delhi Police personnel in plain clothes since her release from detention on October 16.
“Is this Delhi Police Protocol to Intimidate Neha?” AISA asked in its statement, raising concerns about what it described as police intimidation.
The organisation alleged that the peace-bond notice was an attempt to curb and criminalise the right to peaceful protest. It linked the action to demonstrations demanding the resignation of Chief Election Commissioner Gyanesh Kumar, the rollback of the Special Intensive Revision (SIR) of electoral rolls and the repeal of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
AISA accused the Narendra Modi-led government of targeting protesters who have raised concerns over alleged electoral irregularities and the functioning of the Election Commission of India (ECI). It also alleged that students participating in the protests had faced police brutality and attacks by right-wing groups.
Row over restrictions on protests
The organisation further accused Delhi Police of repeatedly invoking Section 163 of the BNSS, which replaced Section 144 of the Code of Criminal Procedure, to restrict demonstrations. It alleged that authorities had deployed more than 40,000 paramilitary personnel, shut metro stations and disrupted internet connectivity to suppress protests against the Chief Election Commissioner.
Questioning the police’s justification for seeking a peace bond against Neha, AISA argued that the authorities themselves had contributed to tensions by restricting demonstrations and failing to prevent alleged attacks on protesters.
The organisation described the notice as part of a broader effort to discourage dissent and peaceful mobilisation against the Election Commission’s actions.
AISA said it would continue to challenge what it considers unlawful action through peaceful protests and legal proceedings, asserting its commitment to defending democracy and the Constitution.
The allegations against Delhi Police and the government are based on AISA’s press statement. The police’s response and the Delhi High Court’s position on the petition were not available in the statement.
