Daijiworld Media Network - Mumbai
Mumbai, Oct 27: Shiv Sena (Uddhav Balasaheb Thackeray) has defended youth activists who signed peace bonds after their arrest during protests in New Delhi, stating that the undertakings do not amount to an admission of guilt or surrender to the authorities.
In an editorial published in the party mouthpiece Saamana on Tuesday, the Uddhav Thackeray-led party criticised the backlash against activists who signed the undertakings to secure their release. It argued that preventive legal measures should not be viewed as a sign of weakness or an abandonment of democratic rights.
The controversy followed demonstrations held under the banner of the Tiranga protests at locations including Jantar Mantar in New Delhi. According to the editorial, youth activists Abhijeet Dipke, Saurabh Das, Ashutosh Ranka and Ajinkya Shinde signed peace undertakings after their arrest.
Activist Neha Bora reportedly refused to sign a similar undertaking and challenged the practice in court, triggering a debate over the legal implications of signing such documents and the choices available to activists facing police action.
The editorial also referred to former Supreme Court judge Markandey Katju's criticism of the activists who signed the undertakings, while praising Bora for refusing to do so. Shiv Sena (UBT) argued that such criticism overlooked the legal nature of preventive proceedings and the circumstances in which activists might agree to an undertaking.
“Signing a peace bond does not equate to issuing an apology, kneeling before the government, or confessing to a crime. It is merely an undertaking to maintain peace; it does not enforce absolute silence or legally prevent citizens from participating in public demonstrations,” the editorial stated.
The party cited the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the Code of Criminal Procedure in July 2024. Section 126 of the BNSS provides for requiring a bond to maintain peace when an Executive Magistrate has sufficient grounds to anticipate a breach of peace. Such a bond can be required for a period of up to one year.
The legal process requires prescribed proceedings before a magistrate. Section 141 of the BNSS deals with imprisonment in cases involving failure to provide required security and certain breaches of bonds.
Shiv Sena (UBT) maintained that signing a peace bond does not automatically take away a person's constitutional right to peaceful assembly under Article 19 of the Constitution.
The party urged young activists to continue raising public concerns without being intimidated by legal procedures. It also called on senior legal figures, including Katju, to guide emerging activists rather than condemn their decisions in difficult circumstances.