New Delhi: The Delhi High Court on Thursday transferred the case under the stringent Maharashtra Control of Organised Crime Act involving AAP MLA Naresh Balyan to the Special MP/MLA Court in Rouse Avenue from Special MCOCA Court in Dwarka.
The bench of Justice Manoj Kumar Ohri observed that proceedings against Naresh Balyan are ongoing at the Rouse Avenue Court, while the proceedings for other accused were being held in the Dwarka Court. The court noted that it is not permissible for proceedings related to the same FIR to take place in two different courts.
Last week, Delhi High Court issued notice on a plea moved by Delhi Police seeking the transfer of the case proceedings under MCOCA from Dwarka District Court to the special MP/MLA court at Rouse Avenue.
Recently Delhi police sought transfer of case proceedings under MCOCA against three accused Ritik alias Peter, Rohit alias Anna and Sachin Chikara.
Delhi Police counsel Laksh Khanna submitted that an MLA has been arrested in this case and proceedings related to him are going before Special MP/MLA Court at Rouse Avenue.
On the other hand, proceedings related to three respondents are going before the Special Judge (MCOCA) at Dwarka Court, he added.
On December 13, the Rouse Avenue court declined the police custody of AAP MLA Naresh Balyan in judicial custody. He was remanded to judicial custody after a police interrogation in MCOCA case. He was arrested on December 4.
As per Delhi Police, Balyan's name emerged in connection with the case as an alleged mediator involved in resolving an extortion demand made by gangster Kapil Sangwan to a businessman. This year, the MCOCA was also invoked against the gangster, who is reportedly operating from the UK, for his involvement in extortion activities. (ANI)