NEW DELHI: Delhi’s Rouse Avenue Court on Thursday sent AAP’s Uttam Nagar MLA Naresh Balyan to a day’s judicial custody in connection with a case lodged against him under the Maharashtra Control of Organised Crime Act (MCOCA) as arguments on the police plea seeking his remand for interrogation remained inconclusive.
Earlier in the day, the Dwarka court dismissed the police’s application seeking 10 days of custody for Balyan; however, the court rejected it.
Additional Sessions Judge Vandana Jain, presiding over the case at the court, rebuked the prosecution for its approach.
“I do not have the power to transfer the case. Show me a precedent where this has been done. What was the need to come here? This is a sheer waste of my time,” said Judge Jain.
She granted liberty to the Investigating Officer (IO) to seek custody before the appropriate MP/MLA court.
According to the Delhi Police, Balyan is allegedly linked to a crime syndicate led by gangster Kapil Sangwan. The prosecution claimed Balyan facilitated organised crimes, specified targets, and invested money on behalf of the syndicate.
The public prosecutor argued, “There are two confessional statements under Section 18 of MCOCA and additional witness statements pointing to his involvement. We need his custody to identify properties generated through organised crime, trace the money trail, and uncover other associates involved.”
Balyan’s counsel dismissed the police claims as baseless, arguing that the case hinges on an audio clip seized nearly a year ago.
“He is an elected MLA. Balyan was arrested on November 30 in another case and granted bail just yesterday (Wednesday). The police served the arrest memo without any questioning before the bail order,” the lawyer stated.
While rejecting the custody plea, the court noted that Balyan had already been interrogated. The prosecution argued that they acted within the law after waiting for the outcome of the bail hearing.
Balyan was produced before the Special Court at Rouse Avenue Court later in the day. The legislator was sent to judicial custody after a special court noted that the arguments on the Delhi police application, seeking his 10-day custody for interrogation in the case lodged under the stringent MCOCA, would require more time.
Balyan had secured bail on Wednesday in an extortion case. However, he was arrested again by the Delhi Police in a separate FIR and was taken into custody under the MCOCA.
When the MLA was arrested by the police, his party, AAP , reacted by saying that the BJP has again misued the agencies. The MLA has been arrested again only to silence Arvind Kejriwal, who has been questioning Union Home Minister Amit Shah on Delhi’s law and order situation, the AAP said.