Sena (UBT) defends workers who signed peace bonds after Delhi protest arrests

The Shiv Sena (Uddhav Balasaheb Thackeray) has defended young party workers who executed bonds to keep the peace after being arrested during protests in New Delhi. The party said that signing such a peace bond does not mean the workers admitted guilt or surrendered before the administration.

In Tuesday's editorial in the party mouthpiece, the Uddhav Thackeray-led party criticised those pointing fingers at workers who signed bonds to secure their release. The editorial said a precautionary legal measure should not be taken as a sign of weakness or as proof that democratic rights have been given up.

The controversy followed protests held under the name Tiranga Andolan at several places in New Delhi, including Jantar Mantar. According to the editorial, young workers Abhijeet Dipke, Saurabh Das, Ashutosh Ranka and Ajinkya Shinde signed peace bonds after their arrest.

Worker Neha Bora, on the other hand, allegedly refused to sign such a bond and challenged the arrangement in court. The editorial said the differing stands on the two sides set off a debate on the legal consequences of signing such a paper and the options open to workers facing police action.

The editorial also refers to criticism by former Supreme Court judge Markandey Katju of the workers who signed bonds. Katju praised Bora for not signing. The Shiv Sena (UBT) argued that such criticism ignores the legal nature of preventive proceedings and the circumstances in which a worker may agree to sign a bond.

"Signing a peace bond is not the same as apologising, bowing before the government or admitting to a crime. It is only a promise to keep the peace. It does not make it necessary to remain completely silent, nor can citizens be legally barred from taking part in public protests," the editorial said.

The editorial cited the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the Code of Criminal Procedure in July 2024. Section 126 of the BNSS provides for security or a bond to keep the peace in cases where an executive magistrate believes there are sufficient grounds to apprehend a breach of the peace. Under this provision, a bond can be sought for a period of up to one year.

The legal process also requires prescribed proceedings before the magistrate. Section 141 of the BNSS provides for imprisonment in cases where the security sought is not furnished or certain conditions of the bond are breached.

The Shiv Sena (UBT) said that signing a peace bond does not automatically extinguish the right to assemble peacefully under Article 19 of the Constitution. The party appealed to young workers to keep raising public issues without fear of legal proceedings. It also asked senior legal figures, including Katju, to guide new workers rather than condemn decisions taken in difficult circumstances.