Delhi court denies police request for custody of AAP MLA Naresh Balyan in MCOCA case, cites lack of jurisdiction

“I do not have the power to transfer the case. Show me a precedent where this has been done. What was the need to come here? This is a sheer waste of my time… show me a judgment,” said Additional Sessions Judge Vandana Jain of Dwarka Court.

Following this, the prosecution submitted the judgement of former Delhi MLA Rambir Shokeen before the Court.

However, Judge Jain granted liberty to the investigation officer (IO) to move an application for seeking Balyan’s custody before an “appropriate court” (an MP/MLA Court).

Balyan, who represents Uttam Nagar constituency in West Delhi, is likely to be shortly produced before Rouse Avenue Court now.

Balyan, who was already in police custody in connection with an extortion case, was arrested on charges under MCOCA on Wednesday. Later in the day, Balyan was granted bail in the extortion case.

The extortion case against Balyan stems from a police complaint filed by Gurcharan, a resident of Mohan Garden in West Delhi, alleging that in July 2023, he had received an extortion call from gangster Sangwan demanding Rs 1 crore. Balyan’s name surfaced later last year after a Hindi news channel aired recordings of a phone call allegedly between Balyan and Sangwan.

MCOCA was invoked against Sangwan this year in connection with a separate extortion case. Police officers said Balyan’s name cropped up in the case as an alleged facilitator to settle the extortion demand made by Sangwan to a businessman.