AAP MLA Naresh Balyan sent to two-day police custody in extortion case

Balyan was represented by Advocates Sujan Singh, NC Sharma and Tanmay Mehta. Submitting that Balyan had been non-cooperative during the investigation, the Delhi Police had requested his five-day custody. Police also submitted that his voice sample was needed, so they could crosscheck it with the alleged audio of Balyan talking to the gangster. Balyan’s counsel, however, called the arrest “illegal” and “political”, stating that the grounds of arrest weren’t given to the accused in writing at the time of the arrest.

In its remand papers, police mentioned that the MLA’s custody was needed to “unearth the conspiracy regarding the involvement of the other persons in the extortion syndicate” and “unearth the nexus of Kapil @ Nandu (the gangster) with the accused Naresh Balyan”.

Police further wrote in its remand papers that Balyan’s custody was needed to find out the location of the gangster and “to prevent the accused from extending threats to victims”.

Police, in its remand paper, further alleged that a news channel in 2023 broadcast the alleged “dealing of extortion money recordings between gangster Kapil Sangwan @ Nandu and MLA Naresh Balyan”.

“There was some resentment amongst the general public that now elected members are also involved in extortion along with dreaded criminals, and how businessmen will run businesses and common men survive in the society,” alleged the remand papers.

Police, in the remand application, also said that the accused’s custody was needed to recover mobile phones used in the commission of the alleged crime and to communicate with gangster Sangwan.

Balyan’s counsel, however, questioned the need to arrest the MLA. “The accused has a right to remain silent. He can’t be arrested for remaining silent or even if he gives ‘evasive’ replies,” he added.

“Has an FSL examination of this voice sample been done? Suppose it turns out that the clip is doctored, who will be held responsible for my arrest?” argued the counsel. “I’ve myself filed complaints against him (the gangster). I’m a victim of extortion myself,” he added.

Court records show Balyan has filed five complaints against extortion in 2022 and 2023.

Police submitted before the court that they had just received the audio and it would be sent to the FSL for examination.

To this, Balyan’s counsel submitted a rebuttal: “It doesn’t matter whether this investigating officer got this audio clip recently or not. Police have had this clip for a very long time. How can a delay in investigation act in my prejudice? This shows the inefficiency of the police.”
In August 2023, an FIR was registered against a man named Ashru for forcibly entering the house of a man and allegedly beating up his family. One of Ashru’s three accomplices had allegedly shot at the man and threatened to kill him. The bullet did not hit the victim, the FIR states. Balyan is, however, not named in the FIR and neither is his involvement mentioned. The investigation, police sources, had revealed the involvement of gangster Sangwan.

“The (MLA’s) arrest was made after an investigation revealed an audio clip of a conversation between Balyan and notorious gangster Kapil Sangwan, also known as Nandu, who is currently based abroad. The conversation allegedly involved discussions about collecting ransom money from businessmen. Further investigation is in progress,” DCP Crime Branch Sanjay Sain had said on Saturday.

On August 17, 2023, a trial court passed an ex parte ad interim order restraining a news channel from broadcasting the news against Balyan. The Delhi High Court on August 25, 2023, had refused to set aside the trial court’s order.A Delhi court Sunday sent Aam Aadmi Party’s Uttam Nagar MLA Naresh Balyan to police custody for two days in connection with an extortion case registered against him last year. The case was also marked to an MP/MLA court.

Balyan was arrested by the Delhi Police Crime Branch on Saturday in relation to the case. The arrest comes on the day that the Bharatiya Janata Party (BJP), in a press conference, played an audio clip, claiming it was a conversation between Balyan and a gangster. AAP, however, called the audio clip fake and pointed to court orders against its circulation.

Balyan was represented by Advocates Sujan Singh, NC Sharma and Tanmay Mehta. Submitting that Balyan had been non-cooperative during the investigation, the Delhi Police had requested his five-day custody. Police also submitted that his voice sample was needed, so they could crosscheck it with the alleged audio of Balyan talking to the gangster. Balyan’s counsel, however, called the arrest “illegal” and “political”, stating that the grounds of arrest weren’t given to the accused in writing at the time of the arrest.

In its remand papers, police mentioned that the MLA’s custody was needed to “unearth the conspiracy regarding the involvement of the other persons in the extortion syndicate” and “unearth the nexus of Kapil @ Nandu (the gangster) with the accused Naresh Balyan”.

Police further wrote in its remand papers that Balyan’s custody was needed to find out the location of the gangster and “to prevent the accused from extending threats to victims”.

Police, in its remand paper, further alleged that a news channel in 2023 broadcast the alleged “dealing of extortion money recordings between gangster Kapil Sangwan @Nandu and MLA Naresh Balyan”.

“There was some resentment amongst the general public that now elected members are also involved in extortion along with dreaded criminals, and how businessmen will run businesses and common men survive in the society,” alleged the remand papers.

Police, in the remand application, also said that the accused’s custody was needed to recover mobile phones used in the commission of the alleged crime and to communicate with gangster Sangwan.

Balyan’s counsel, however, questioned the need to arrest the MLA. “The accused has a right to remain silent. He can’t be arrested for remaining silent or even if he gives ‘evasive’ replies,” he added.

“Has an FSL examination of this voice sample been done? Suppose it turns out that the clip is doctored, who will be held responsible for my arrest?” argued the counsel. “I’ve myself filed complaints against him (the gangster). I’m a victim of extortion myself,” he added.

Court records show Balyan has filed five complaints against extortion in 2022 and 2023.

Police submitted before the court that they had just received the audio and it would be sent to the FSL for examination.

To this, Balyan’s counsel submitted a rebuttal: “It doesn’t matter whether this investigating officer got this audio clip recently or not. Police have had this clip for a very long time. How can a delay in investigation act in my prejudice? This shows the inefficiency of the police.”

In August 2023, an FIR was registered against a man named Ashru for forcibly entering the house of a man and allegedly beating up his family. One of Ashru’s three accomplices had allegedly shot at the man and threatened to kill him. The bullet did not hit the victim, the FIR states. Balyan is, however, not named in the FIR and neither is his involvement mentioned. The investigation, police sources, had revealed the involvement of gangster Sangwan.

“The (MLA’s) arrest was made after an investigation revealed an audio clip of a conversation between Balyan and notorious gangster Kapil Sangwan, also known as Nandu, who is currently based abroad. The conversation allegedly involved discussions about collecting ransom money from businessmen. Further investigation is in progress,” DCP Crime Branch Sanjay Sain had said on Saturday.

On August 17, 2023, a trial court passed an ex parte ad interim order restraining a news channel from broadcasting the news against Balyan. The Delhi High Court on August 25, 2023, had refused to set aside the trial court’s order.