AAP MLA Naresh Balyan sent to police custody till Dec 13 in MCOCA case

New Delhi [India], December 6 : Delhi's Rouse Avenue court on Friday remanded AAP MLA Naresh Balyan in police custody till December 13. Balyan has been arrested in a case linked with fled gangster Kapil Sangwan, alias Nandu. Police have alleged that the role of Balyan was to identify the potential target for extortion for Kapil Sangwan and his gang.
Delhi police sought ten days of police custody to interrogate Balyan. However, senior advocates appearing for Balyan had opposed the custody remand on the ground that the MP/MLA court doesn't have the jurisdiction to proceed further with the case registered under the Maharashtra Control of Organized Crime Act (MCOCA), 1999, as there is no notification to this effect.
Special judge Kaveri Baweja granted 7 days of police custody of Balyan to the Anti Gang Squad (AGS) unit of the Crime Branch that is investigating the case by the Assistant Commissioner of Police (ACP).
Special judge Kaveri Baweja ordered, "Thus, keeping in view the facts and circumstances of the case. the material on record and the relevant law on the subject, accused Naresh Balyan is remanded to police custody till 13 December. He is directed to be produced on the said date at 11 AM."
It further directed that his interrogation shall be conducted at some place having CCTV coverage in accordance with the guidelines laid down by the Supreme Court and also in accordance with all the other applicable rules, directions, and guidelines on the subject, and the said CCTV footage shall be preserved.
The court has also allowed the counsel and family members to meet the accused in police custody.
Special public prosecutor (SPP) Akhand Pratap Singh appeared for Delhi police and sought a 10-day remand.
It was further argued that in the light of the order passed in the case of ex-MLA Rambeer Shokeen, this court has the jurisdiction to proceed with the case.
It was also submitted that the competent authority passed an order to lodge the FIR under sections of MCOCA. Thereafter, the FIR was lodged on August 28, 2024.
On the other hand, senior advocates Siddharth Luthra, Tanvir Ahmed Mir, and advocate Dr. NC Sharma, advocate Rakesh Kumar, Nitin Ahlawat, and Rohit Dalal appeared for Naresh Balyan.
Senior advocate Siddharth Luthra argued that this court has no jurisdiction to proceed in this case as it is registered under MCOCA. Section 5 MCOCA provided that to hear the matter, the court should be a designated MCOCA court.
It was further argued that the Rambeer Shokeen case order was passed on his transfer petition. It is not applicable to all MCOCA cases.
There should be a notification of jurisdiction; otherwise, there will be a jurisdictional challenge. It is my duty to highlight the facts, the senior advocate argued.
On Thursday, the court remanded AAP MLA Naresh Balyan to one day of judicial custody. He will be produced tomorrow before the court.
Delhi Police alleged that the role of Naresh Balyan was to identify the potential target for extortion by the crime syndicate led by gangster Kapil Sangwan. He used to invest the extorted money in the property. He also used to get a cut of extorted money.
Special judge Kaveri Baweja on Thursday remanded accused Naresh Balyan to one day of judicial remand after hearing the submissions of Special Public Prosecutor (SPP) for Delhi Police and defence counsel.
Police said that the accused is an MLA and has been arrested under MCOCA. He is to be produced in a designated MP/MLA court.
SPP Akhand Pratap Singh submitted that three accused have already been in judicial custody. There is a confessional statement of two co-accused persons under MCOCA.
He had also submitted that the role of accused Balyan is to facilitate the syndicate led by gangster Kapil Sangwan, alias Nandu. He is required to be interrogated in connection with the property in which he invested the extorted money.
He has also obtained a VPN number to talk to Kapil Sangwan, SPP argued.
The accused's counsel, Dr. N C Sharma, opposed the custody application on the basis of Section 2 (D) of MCOCA.
The counsel also submitted that the accused was not an accused in any case that has a punishment of more than 3 years. There was not any case against her except that in which he was arrested on November 30.
SPP for Delhi police rebutted that the requirement of two charge sheets is for the crime syndicate, not for each accused. There is a confessional statement of Chikara and Rana.
Accused used to identify the potential target for extortion, and some part of the money also came to him, SPP submitted.
On the other hand, the counsel for the accused submitted that there is no scientific evidence that the voice in the audio clip is of Kapil Sangwan, no documents, no statement. The source of the clip is not known.
It was also submitted that the foundation of the police case is an audio clip that was telecast on a TV channel. Police have not scientifically verified that the voice in the clip was of Nandu. The source of the clip is also not verified.
Delhi police on Thursday had first produced Naresh Balyan before the Principal District and Sessions Judge Anju Bajaj Chandna. She assigned the case to the court of special judge Kaveri Baweja, who is holding a special MP/MLA court.