Rouse Avenue Court sends AAP MLA Naresh Balyan to one-day judicial custody in extortion case

New Delhi [India], December 5 ; The Rouse Avenue court on Thursday remanded AAP MLA Naresh Balyan to one day of judicial custody. He will be produced in court tomorrow.
Delhi Police alleged that Balyan played a role in identifying potential targets for extortion by a crime syndicate led by gangster Kapil Sangwan. He allegedly invested the extorted money in property and also took a cut of the extorted funds.
Delhi Police produced Balyan before the District Judge of the Rouse Avenue court, seeking 10 days of remand. Special Judge Kaveri Baweja remanded Balyan to one day of judicial custody after hearing submissions from the Special Public Prosecutor (SPP) for Delhi Police and the defense counsel.
The court said that it needed time to review the submissions and materials presented before passing an order on police custody. Meanwhile, the court decided to send Balyan into judicial custody for one day. The court added, "It is already 5:30 PM. The offence in question is alleged to have been committed under MCOCA. Sometimes, it is necessary to go through the statutory provisions and case law cited during arguments from both sides. It is deemed expedient in the interest of justice to adjourn the matter for further arguments on the application."
The police said that Balyan is an MLA and has been arrested under MCOCA. He will be produced in a designated MP/MLA court.
Police had sought a 10-day custody remand, stating that an FIR was registered in August 2024. Special Public Prosecutor Akhand Pratap Singh submitted that three co-accused are already in judicial custody and that two co-accused have made confessional statements under MCOCA.
The SPP argued that Balyan's role was to facilitate the syndicate led by Kapil Sangwan, and he was needed for interrogation regarding the property in which he invested the extorted money. He also allegedly obtained a VPN number to communicate with Sangwan.
The accused's counsel, Dr. N.C. Sharma, opposed the custody application based on Section 2(D) of MCOCA. The defence argued that Balyan was not an accused in any case punishable with more than three years, except for the one in which he was arrested on November 30.
The SPP for Delhi Police rebutted, stating that the requirement for two charge sheets applies to the crime syndicate, not each accused. He added that Balyan used to identify potential targets for extortion, and a portion of the extorted money would come to him.
On the other hand, the accused's counsel argued that there was no scientific evidence proving that the voice in an audio clip was that of Kapil Sangwan. They also questioned the source of the clip, which was broadcast on a TV channel.
The police had not scientifically verified the authenticity of the voice or the source of the clip.
Delhi Police initially produced Balyan before Principal District and Sessions Judge Anju Bajaj Chandna, who assigned the case to the court of Special Judge Kaveri Baweja, who is handling special MP/MLA cases. The court also permitted the accused to carry his medicine during judicial custody.