Court declines police custody of Naresh Balyan, sends to judicial custody

New Delhi [India], December 13 (ANI): The Rouse Avenue Court on Friday remanded AAP MLA Naresh Balyan to judicial custody. He was produced before the court after the expiry of his 7-day police custody in an MCOCA case. Balyan was arrested on December 4.

Delhi Police sought an additional 10-day custody, stating that the investigation was ongoing and further custody was necessary to identify other associates of the accused. The other accused in the case are still absconding.

Special Judge Kaveri Baweja remanded Balyan to judicial custody and directed that the Uttam Nagar MLA remain in custody until January 9. The court noted that no grounds were made out to extend the police custody.

Special Public Prosecutor (SPP) Akhand Pratap Singh, representing the Delhi Police, sought 10 more days of police custody. He argued that further custody was required to identify properties and their previous owners.

Singh also mentioned that new facts had emerged during the interrogation and that further custody was needed to identify other members of the organised crime syndicate. The accused is not disclosing the names of his associates. The SPP also argued that custody was needed to investigate how Balyan was sending money abroad to Kapil Sangwan alias Nandu. The accused allegedly received extorted money from the victims, Singh added.

During the hearing, the court reviewed Balyan's medical report from his custody. The accused was scheduled to be produced in court at 11 AM but was deferred as he was first taken to Deen Dayal Upadhyay Hospital for a medical check-up and later to GB Pant Hospital for a neurological examination. He was subsequently produced via video conferencing from GB Pant Hospital and physically presented after the medical examination.

Advocates MS Khan, NC Sharma, Rohit Dalal, and Rahul Kumar appeared for Balyan. Advocate M.S. Khan opposed the extension of police custody, arguing that further custody was unnecessary. He stated that nine associates had already been identified according to a witness. He also pointed out that approval from a competent officer was required to register an offence under MCOCA. Khan mentioned that 15 FIRs had been registered against Kapil Sangwan alias Nandu, some of which had already been investigated and charge sheets filed. He further argued that Delhi Police was relying on offences committed between May 18, 2021, and July 2023, and that no new offences were involved. 

"No fresh offence is there. Those offences can't be reinvestigated under the guise of MCOCA," Khan argued. He further asserted that continuous criminal activity was needed to invoke MCOCA, and no such fresh act had occurred, making further remand unjustified.

In rebuttal, SPP Singh stated that some tests had been advised for the accused and would be conducted. He confirmed that Balyan’s health was okay. The court then asked Balyan if he wanted to say anything about his health. Balyan responded that the advised tests should be conducted.

SPP Singh argued that the three judgments cited by the defense counsel were not relevant to this case. Khan had referred to these judgments to assert that a continuous offence must be shown for MCOCA to apply.

SPP Singh further argued that people were often too scared to report cases due to fear of the syndicates, and that the syndicates had become a serious menace to society. He pointed out that the modus operandi in various cases was the same.

Advocate NC Sharma, representing Balyan, argued that the interrogation had not been completed yet and questioned how it would be finished in the coming week if it had not been done so far. (ANI)