MCOCA case: Delhi court sends AAP MLA Naresh Balyan to 1-day judicial custody
The Delhi Police had also sought the transfer of Balyan’s case to a Special Court dealing with cases against MPs and MLAs.
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This was the third court that Balyan had visited in a few hours. (File Photo)A Delhi court Thursday evening sent Aam Aadmi Party MLA Naresh Balyan to judicial custody for a day in connection with a case lodged against him under the Maharashtra Control of Organised Crime Act (MCOCA).
The MLA, who was already in police custody in connection with an extortion case, was arrested on charges under MCOCA on Wednesday. That same evening, he was granted bail in the extortion case.
On Thursday, while the Delhi Police had requested the court for 10-day custody, Special Judge Kaveri Baweja of Rouse Avenue Court said she needed time to go through the laws connected to the case in question and sent him to judicial custody for a day.
This was the third court that Balyan had visited in a few hours. In the morning, he was first produced before Additional Sessions Judge Vandana Jain of Dwarka Court. Here too, 10-day police custody was requested. This application was, however, dismissed by ASJ Jain citing “lack of jurisdiction”.
The Delhi Police had also sought the transfer of Balyan’s case to a Special Court dealing with cases against MPs and MLAs. The Dwarka Court Judge was to decide whether an MP/MLA Court would hear the case or a court designated for MCOCA cases.
“I do not have the power to transfer the case,” said ASJ Jain. “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,” she said while granting liberty to the investigation officer (IO) to move an application for seeking Balyan’s custody before an “appropriate court” (an MP/MLA Court).
Following this, the Delhi Police rushed with Balyan to Rouse Avenue Court — where cases against legislators are heard.
Balyan was then produced before Principal District and Sessions cum Special Judge Anju Bajaj Chandna in Rouse Avenue, who then transferred his case to Special Judge Baweja’s Court.
Finally, Special Public Prosecutor (SPP) Akhand Pratap Singh spoke before Special Judge Baweja’s Court. “Balyan is the facilitator. He used to identify potential targets for extortion. He also used to invest money for (gangster Kapil) Sangwan’s syndicate,” he submitted before the Court.
“We require him to confront him with the evidence and to identify properties in which he has invested for the syndicate,” he added.
On the other hand, Advocate N C Sharma, representing Balyan, argued that there was only one case against the MLA and that MCOCA sections wouldn’t apply to him. “He (Balyan) should be proven as a member of a syndicate. There is only one case against him… even in this, he has never been named by anyone,” he argued.
Sharma also argued that multiple chargesheets must have been filed against Balyan to be named in the MCOCA case.
The SPP replied: “Multiple chargesheets are not needed under MCOCA for those who aid the leaders of the syndicates.”
Sharma rebutted: “To date, no one has come on record to name the accused. He has never been named in any FIR.”
“Having criminal antecedents is not a necessity,” came the SPP’s response.
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 an alleged phone call between Balyan and Sangwan.
The MCOCA was invoked against Sangwan this year, who is purportedly operating from the UK, 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. They also claimed they had two statements of witnesses against Balyan.
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