SC cancels anticipatory bail of woman BJP leader in criminal intimation case

New Delhi: The Supreme Court has taken a serious view of an allegation against a woman BJP leader from Delhi, who obstructed the sale of a plot to a Muslim person, and cancelled her anticipatory bail.

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

In its order, the court set aside the Delhi High Court order of October 8, 2024, and directed the police to ensure peaceful possession of the property to the complainant, Pratibha Arora. The FIR was lodged on March 30, 2024.

Advocate Siddharth Singh, appearing for the complainant, challenged the validity of the anticipatory bail granted to accused Nirmala Sharma, who unsuccessfully contested the councillor polls. 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 has been non-cooperative and, in fact, remained untraceable.

A counsel for the accused said, she apologised for whatever, she might have done in the past. He asked the court to 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. 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 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 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 the law.