New Delhi: Delhi High Court on Monday issued a notice on a plea filed by Delhi Police seeking to transfer all proceedings against AAP MLA Naresh Balyan and other accused under the Maharashtra Control of Organised Crime Act (MCOCA) from a Dwarka court to the Special MP/MLA Court at Rouse Avenue.
The case involves Balyan and three others — Ritik alias Peter, Rohit alias Anna and Sachin Chikara — who are currently in judicial custody. Justice Anup Jairam Bhambhani sought the stand of the accused and listed the matter for Dec 18.
Police argued that having parallel proceedings in two courts — one for Balyan at Rouse Avenue court and another for his alleged associates at the Dwarka court — creates procedural inconsistency and challenges of jurisdiction. “The proceedings under a single FIR cannot be split between two courts,” the prosecution contended, advocating for unified jurisdiction under the Special MP/MLA Court.
Balyan was arrested on Dec 4 and initially remanded in seven days’ police custody by a special court. Later, following his interrogation, he was placed in judicial custody, where he continues to remain.
Police alleged that Balyan’s arrest is linked to an organised crime syndicate operated by Kapil Sangwan alias Nandu, and further custody was sought to identify other syndicate members and investigate alleged financial transactions abroad.
However, Balyan’s lawyers challenged the case and contested the need for extended custody, arguing that all known associates were already identified and that no new crimes warranting MCOCA charges were committed.
“MCOCA mandates continuous criminal activity within a syndicate, and no fresh acts have been presented,” his counsel earlier argued, seeking the release of the MLA.
Last week, the court extended his judicial custody till Jan 9.
