NEW DELHI: The Delhi High Court on Thursday ordered the transfer of the Maharashtra Control of Organised Crime Act (MCOCA) case involving AAP MLA Naresh Balyan to the Special MP/MLA Court at Rouse Avenue.
Justice Manoj Kumar Ohri, while delivering the order, pointed out that while Balyan’s case was being heard at the Rouse Avenue Court, the related proceedings against three other accused — Ritik alias Peter, Rohit alias Anna, and Sachin Chikara — were ongoing at the Special MCOCA Court in Dwarka.
The court held that such parallel proceedings could not continue for the same FIR. The transfer decision follows a plea filed by the Delhi Police last week, seeking to consolidate the hearings at the Rouse Avenue Special Court.
The police’s counsel, Laksh Khanna, argued that since Naresh Balyan, a sitting MLA, was arrested in connection with the case, proceedings against him were appropriate for the Special MP/MLA Court.
Khana also pointed out the inconsistency of conducting related proceedings in two different courts. Balyan was arrested on December 4 after his alleged involvement surfaced in an extortion case linked to gangster Kapil Sangwan, who is said to be operating from the UK.
According to Delhi Police, Balyan acted as a mediator in an extortion attempt by Sangwan targeting a businessman.
The stringent MCOCA was invoked against Sangwan earlier this year for his alleged involvement in organized extortion activities. On December 13, the Rouse Avenue Court rejected a police plea for Balyan’s further custody, instead remanding him to judicial custody.