Naresh Balyan MCOCA case: Dwarka court rejects police custody application, asks to move appropriate court
Dec 05, 2024
New Delhi [India], December 5 : The Dwarka court on Thursday dismissed the Delhi police application seeking 10 days custody of Aam Aadmi Party MLA Naresh Balyan.
The court has granted Liberty to the Investigation officer to file an appropriate application before the appropriate court.
Special Judge (MCOCA) Vandana Jain dismissed the plea of Delhi police seeking 10 days remand of Balyan in the MCOCA case.
Delhi police had sought a transfer of the case to Rouse Avenue court as the accused is an MLA.
Special public prosecutor (SPP) Akhand Pratap Singh moved an application for 10 days of Police custody remand.
Besides, he also mentioned before the court that this application be transferred to the Special MP/MLA court at Rouse Avenue as the accused is an MLA.
He also referred to the order in the matter of Rambeer Shokeen of 2023. That matter was transferred to Rouse Avenue from Patiala House Court as Shokeen was the former MLA and accused in the MCOCA case.
He submitted that this application be transferred to the designated MP/MLA Court.
The Court perused the order filed by the SPP.
On the other hand, defence counsel Dr NC Sharma submitted that this is a special MCOCA court and the matter can't be transferred at this stage. It may be transferred at the stage of trial. MCOCA empowers this court to proceed. Interrogation permission was granted by this court.
In the morning, MLA Naresh Balyan was produced in Dwarka Court.
SPP for Delhi police had submitted that the Balyan is an MLA. Therefore, this case should be transferred to MP/MLA at Rouse Avenue Court.
The court said to the SPP that you were SPP yesterday also. You didn't tell the fact yesterday. Before filing the application for interrogation you have clarified this fact from authorities.
The court had also asked the SPP to show the precedent in your favour.
"This transfer can be done by the higher authorities. I am not the proper court to pass this order," the court earlier said.
Thereafter, he produced the order of court in Rambeer Shokeen's case.
After considering the submissions, the court dismissed the application for remand.
Balyan was arrested yesterday in the MCOCA case after he was granted bail in Extortion case.
The FIR in MCOCA was registered on August 16, 2024 against gangster Kapil Sangwan alias Nandu and his associates. Nandu is absconded and currently stated to abroad.
