Court Orders MLA Balyans Custody
AAP MLA Naresh Balyan Sent to Judicial Custody
Court Orders One-Day Custody
A Delhi court on Thursday ordered AAP MLA Naresh Balyan, representing Uttam Nagar, to one-day judicial custody in an alleged organised crime case. Special Judge Kaveri Baweja, presiding over cases involving lawmakers, made the decision while deliberations on the Delhi Police’s plea for a 10-day custody under the stringent Maharashtra Control of Organised Crime Act (MCOCA) remained inconclusive. The court scheduled further arguments on December 6.
Police Plea for Extended Custody
Special Public Prosecutor Akhand Pratap Singh, representing the Delhi Police, argued that extended interrogation of Naresh Balyan was necessary to expose a broader conspiracy linked to the organised crime case. The police urged the court to grant 10 days of custody to facilitate a detailed investigation.
However, procedural confusion arose earlier in the day when another judge dismissed a police plea seeking Balyan’s remand, directing the case to the appropriate court. This led to delays, with arguments over jurisdiction complicating the proceedings.
Jurisdictional Confusion in the Case
The Delhi Police had initially presented Balyan before a court designated to handle MCOCA matters while simultaneously requesting the case be transferred to a court dedicated to MPs and MLAs, given Balyan’s legislative status. Additional Sessions Judge Vandana Jain criticized the police for procedural inefficiency, calling the situation a “wastage of time.”
Judge Jain demanded clarity on the legal precedents being cited, notably a judgment involving former Delhi MLA Rambir Shokeen. The prosecutor admitted reliance on this precedent, prompting the judge to direct the police to approach the appropriate court for the matter.
Previous Arrest and Bail
Naresh Balyan was arrested on December 4 in connection with the alleged organised crime case. Prior to this, he had been granted bail in a separate case involving purported extortion. These incidents have further intensified scrutiny surrounding the AAP MLA’s activities.
MCOCA and the Alleged Conspiracy
The application of the Maharashtra Control of Organised Crime Act (MCOCA) in Naresh Balyan’s case indicates the gravity of the allegations. This stringent law is typically used for serious organised crime cases, aiming to dismantle criminal networks. The police believe Balyan’s interrogation could shed light on a larger conspiracy, necessitating extended custody.
Further Arguments Awaited
The proceedings are set to resume on December 6, where the Delhi Police will continue to argue their case for extended custody of Naresh Balyan. The court’s decision will play a crucial role in determining the course of the investigation.
Legal and Political Implications
Naresh Balyan’s judicial custody and the application of MCOCA in the case have significant legal and political implications. As an elected representative of the Aam Aadmi Party (AAP), Balyan’s arrest under such serious charges raises questions about accountability and the conduct of public officials.
Conclusion
The case against Naresh Balyan underscores the complexities of prosecuting high-profile individuals under stringent laws like MCOCA. The judicial custody marks an important step in the investigation, with further arguments expected to provide clarity on the alleged conspiracy.
The ongoing deliberations highlight the importance of procedural accuracy and judicial oversight in cases involving lawmakers. With Naresh Balyan’s judicial custody making headlines, the coming days will be crucial in determining the trajectory of this high-stakes investigation.
Disclaimer:
The information provided is based on official reports regarding AAP MLA Naresh Balyan’s judicial custody. Readers are advised to follow court updates for verified and accurate information.