Delhi HC Transfers Naresh Balyan’s MCOCA Case To MP/MLA Court

The Delhi High Court on Thursday has transferred the Maharashtra Control of Organised Crime Act (MCOCA) case involving AAP MLA Naresh Balyan from the Special MCOCA Court in Dwarka to the Special MP/MLA Court at Rouse Avenue.

Justice Manoj Kumar Ohri observed that proceedings against Balyan were already ongoing at the Rouse Avenue Court, while related proceedings for other accused were being conducted at the Dwarka Court. The court noted that it is impermissible for cases stemming from the same FIR to be heard in two different courts.

Last week, the Delhi High Court issued a notice on a plea filed by Delhi Police seeking the transfer of MCOCA proceedings against 3 accused—Ritik alias Peter, Rohit alias Anna, and Sachin Chikara—from the Dwarka Court to the Rouse Avenue Court.

Counsel for Delhi Police, Laksh Khanna, highlighted that proceedings involving MLA Naresh Balyan were already before the Special MP/MLA Court at Rouse Avenue, while those involving the three other accused were at the Dwarka Court. This prompted the request to consolidate the cases at Rouse Avenue.

On December 13, the Rouse Avenue Court declined a police request for further custody of Balyan, who remains in judicial custody following his December 4 arrest. He was taken into custody after being interrogated in connection with the MCOCA case.

According to Delhi Police, Balyan’s name surfaced in the investigation as an alleged mediator in an extortion demand made by gangster Kapil Sangwan to a businessman. Sangwan, reportedly operating from the UK, has been implicated in multiple extortion activities, leading to the invocation of MCOCA against him earlier this year.

The transfer of the case aims to streamline judicial proceedings and ensure consistency in handling cases related to the same FIR.

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