Delhi HC weighs transfer of AAP MLA Balyan’s MCOCA case to MP/MLA court
NEW DELHI: The Delhi High Court on Monday issued a notice on a plea filed by the Delhi Police seeking to transfer proceedings under the Maharashtra Control of Organised Crime Act (MCOCA) from Dwarka District Court to the Special MP/MLA Court at Rouse Avenue.
The case involves the arrest of AAP MLA Naresh Balyan and three others, Ritik alias Peter, Rohit alias Anna, and Sachin Chikara, who are currently in judicial custody.
Justice Anup Jairam Bhambhani acknowledged the urgency of the matter and scheduled the hearing for December 18 before the relevant bench.
Additional Public Prosecutor (APP) Laksh Khanna emphasised the need for immediate action, noting that judicial custody proceedings for the three accused are slated for December 17.
The police argued that having parallel proceedings in two courts — one for Balyan at the Rouse Avenue Court and another for his alleged associates at the Dwarka Court — creates procedural inconsistency. “The proceedings under a single FIR cannot be split between two courts,” APP Khanna stated, advocating for unified jurisdiction under the Special MP/MLA Court.
AAP MLA Naresh Balyan was arrested on December 4 and initially remanded to seven days of police custody by Special Judge Kaveri Baweja at Rouse Avenue Court.
Following his interrogation, he was placed in judicial custody. The police alleged that Balyan’s arrest is linked to an organised crime syndicate operated by Kapil Sangwan alias Nandu, and further custody was sought to identify other syndicate members and investigate alleged financial transactions abroad.
Defense counsel advocate MS Khan contested the need for extended custody, arguing that all known associates had already been identified and that no new crimes warranting MCOCA charges had been committed. “MCOCA mandates continuous criminal activity within a syndicate, and no fresh acts have been presented,” Khan said.