Allegations have serious ramifications for society: Supreme Court cancels BJP leader's bail in a case of opposing sale of plot to Muslim

New Delhi: The Supreme Court has taken a serious view of an allegation against a woman leader of Delhi BJP who obstructed sale of a plot by a complainant to a Muslim person, and cancelled her anticipatory bail as the police claimed she remained untraceable after the relief.

"The allegation against the respondent accused may sound innocuous, but have serious ramifications for the entire society. We are not getting into the same, for it has been recorded in the High Court's order and will be clear from the FIR itself," a bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra said.

In its order on May 21, 2025, the court set aside the Delhi High Court's order of October 8, 2024 and directed the Delhi police to ensure peaceful possession of the property to complainant, Pratibha Arora, a widow. The FIR was lodged on March 30, 2024 with police station Dayalpur under various provisions of the IPC.

Advocate Siddharth Singh, appearing for the complainant, challenged validity of the anticipatory bail granted to accused Nirmala Sharma, who unsuccessfully contested councillor polls from BJP . He said the accused along with her family members abused the complainant for having sold the plot to a Muslim and even allegedly attempted to illegally encroach upon the property.

Additional Solicitor General S D Sanjay, appearing for the Delhi police, submitted the accused woman has totally been non cooperative and, in fact, remained untraceable.

A counsel for the accused respondent said, that she apologised for whatever, she might have done in the past. He asked the court may take a sympathetic view as she is a widow aged 62 years, with two daughters.

After hearing the counsel, the bench said, "Be that as it may, this court cannot shut its eyes to the conduct of respondent-accused Further, to aggravate the matter, she is not cooperating with the investigation and is absconding."

/The court also noted that the High Court its order, has recorded that respondent-accused was not able to make out a prima facie case. Yet, the anticipatory bail was granted.

The bench thus cancelled the anticipatory bail and directed the respondent-accused to surrender before the court concerned within two days, failing which the police should take all necessary coercive action to arrest her and take action in accordance with law.

"Further, to instil confidence in the petitioner, the police are directed to ensure that the petitioner is able to take peaceful possession of the property in question and maintain the same without any disturbance from any quarter, especially from respondent accused," the bench said, disposing of the special leave petition.