The Rouse Avenue Court on Thursday sent AAP MLA Naresh Balyan to one day of judicial custody. He is set to be produced in court tomorrow.
Delhi Police has accused Balyan of being involved in identifying targets for extortion for a crime syndicate led by gangster Kapil Sangwan. It is alleged that he invested the extorted funds in property and took a share of the proceeds.
Balyan was presented before the District Judge at the Rouse Avenue Court, with the police seeking 10 days of custody. After hearing arguments from the Special Public Prosecutor (SPP) for Delhi Police and the defense counsel, Special Judge Kaveri Baweja ordered one day of judicial custody, citing the need to examine the submissions and evidence further before deciding on the custody plea.
The court noted, “It is already 5:30 PM. The offence in question is alleged to have been committed under MCOCA. Sometimes, it is necessary to go through the statutory provisions and case law cited during arguments from both sides. It is deemed expedient in the interest of justice to adjourn the matter for further arguments on the application.”
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Balyan, arrested under the stringent Maharashtra Control of Organised Crime Act (MCOCA), will now be produced in a designated MP/MLA court. Police informed the court that the FIR in this case was registered in August 2024 and claimed that three co-accused are already in judicial custody. The prosecution argued that Balyan’s interrogation is essential to investigate properties where the extorted money was allegedly invested.
Special Public Prosecutor Akhand Pratap Singh stated that Balyan communicated with Kapil Sangwan via a VPN and played a critical role in facilitating the extortion network. Singh argued, “Balyan used to identify potential targets for extortion, and a portion of the extorted money would come to him.”
Opposing the police’s plea, Balyan’s counsel, Dr. N.C. Sharma, cited Section 2(D) of MCOCA, contending that his client had no involvement in any offense punishable with more than three years, apart from the current case. The defense also questioned the prosecution’s reliance on an audio clip purportedly linking Balyan to Sangwan. They argued there was no scientific verification of the voice in the clip or its source, which had been aired on a TV channel.
Delhi Police rebutted by stating that the MCOCA requirement for two charge sheets applies to the syndicate as a whole and not to each individual accused. However, the defense maintained that the lack of scientific evidence undermined the case against Balyan.
Earlier in the day, Balyan was produced before Principal District and Sessions Judge Anju Bajaj Chandna, who assigned the matter to Special Judge Kaveri Baweja, handling special MP/MLA cases. The court permitted Balyan to carry his prescribed medication during his time in judicial custody.
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