On the day of the protest, the streets of west Delhi witnessed a march titled ‘Lehra Do Tiranga’ during which Delhi police detained both AISA president Neha Bora and CJP founder Abhijeet Dipke. The march, organised by student activists, brought together participants who were soon confronted by law enforcement. According to the police, the detentions were made under the Bharatiya Nagarik Suraksha Sanhita for apprehension of a breach of peace. The simultaneous custody of a prominent student leader and a political party founder immediately drew attention to the growing friction between demonstrators and the authorities in the capital.
Later that day, Neha Bora was released after completing the required detention formalities. She had initially been held at Puram Police Station before the procedural steps were concluded. Her release came after a brief period of custody, during which she was held pending the completion of administrative processes. The timing of her release, shortly after her detention, highlighted the swift nature of the police action and raised questions about the necessity of holding her even for a short span.
Release AISA President Neha, CJP Leader Abhijeet Dipke and All Detained Protesters! On October 16, thousands of people carried out peaceful Tiranga marches from various parts of Delhi to Connaught Place. At several places, Delhi Police and paramilitary forces unleashed repression against tricolour-carrying protesters marching to Save Democracy and Defend the Right to Vote, detaining several people. 🔴 AISA President Comrade Neha was detained during the march from Mandi House. They were initially taken to the Anti-Narcotics Task Force (ANTF) South West District and were later shifted to another location. A legal team has been deployed and is following up. 🔴 CJP leader Abhijeet Dipke was also detained outside his place of stay ahead of the Tiranga march. His whereabouts remain unknown. We condemn the Modi-Shah regime’s colonial-style police violence against peaceful protesters and movement leaders and demand the immediate release of Comrade Neha, Abhijeet Dipke and all other people detained by the police. Modi-Shah’s colonial police repression cannot silence voices demanding justice! Vote Chor Gyanesh Kumar Must Resign! -- HQ, CPIML Liberation 16 OCT | 2130 hrs @neha_aisa @aisa_official_ @Cockroachisback
While Bora walked free, Abhijeet Dipke was not released. Instead, he was produced before the SEM court later that day. The court appearance followed his arrest under the same legal provisions that had led to his initial detention. Dipke’s production before the judiciary marked the point at which the police action moved from street‑level detention to formal judicial oversight, setting the stage for any further legal proceedings that might arise from the protest.
Following her release, Neha Bora voiced a sharp criticism of the country’s legal framework.
Adding to the apprehension, Dipke’s legal head, Ratna Singh, stated that his location remained unknown after the arrest. She told reporters, “Abhijeet is arrested & will be produced before SEM court. His location still unknown, lawyers haven't met.” This lack of communication between the detained individual and his legal counsel intensified worries about due process and the transparency of the police operation.
Following her release, Neha Bora voiced a sharp criticism of the country’s legal framework. She declared, “The legal system is being torn apart in our country. Why is it permissible to keep people in custody overnight under any law or order?” Her statement reflected a broader concern that the use of overnight detentions, even for short periods, undermines judicial safeguards and contributes to a climate of fear among citizens exercising their right to protest.
The detentions and arrests were grounded in Sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita, which the police invoked to address an apprehension of breach of peace. The police said the detentions were made to prevent any breach of peace during the protest march.
Delhi Police, under WHAT law are @neha_aisa and @abhijeet_dipke being detained? What precisely justifies depriving them of their liberty? The latest information is that Neha is at RK Puram police station. She needs medicines. Ensure she receives them immediately- her health is your legal responsibility. Has the Constitution been suspended at the police-station gate? Here is a quick reminder of the applicable laws for @DelhiPolice - • Article 19(1)(a) & (b): freedom of expression and peaceful assembly. • Articles 21 & 22: personal liberty and safeguards against arbitrary arrest. • Section 48 BNSS: promptly inform a nominated relative or friend of the arrest AND place of custody. • Section 56 BNSS: protect the health and safety of the person in custody. And if Neha was arrested after sunset, where is the prior Magistrate’s permission required under Section 43(5) BNSS? Where are the safeguards mandated in D.K. Basu v. State of West Bengal, (1997) 1 SCC 416? Calling it “detention” does not make constitutional safeguards disappear. Disclose the legal grounds. Ensure medicines and access to counsel. Release them unless you can establish lawful grounds to hold them. Solidarity with Neha, Abhijeet and every peaceful protester. Constitutional rights are not favours from Delhi Police. #ReleaseNehaNow #ReleaseAbhijeetNow #RightToPeacefulProtest
Neha Bora went further, accusing the police of employing illegal detentions as a tactic to instil fear among the populace. She contended that the overnight confinement of protesters, even when later released, served as a warning to others who might consider joining similar demonstrations. Her accusation pointed to a perceived pattern where the state uses custodial measures not for immediate public safety but as a deterrent against dissent.
The episode underscored the ongoing tension between student organisations and law enforcement in Delhi. The events thus sit within a larger narrative of contested public space and the negotiation of rights to protest versus the maintenance of order.