The Delhi High Court on Thursday has ordered the transfer of the Maharashtra Control of Organised Crime Act 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 highlighted that cases linked to the same FIR cannot be conducted in two separate courts. While proceedings against Balyan were already ongoing at the Rouse Avenue Court, related hearings for other accused were taking place at the Dwarka Court.
The High Court’s decision followed a plea by Delhi Police to consolidate the MCOCA proceedings against 3 accused—Ritik alias Peter, Rohit alias Anna, and Sachin Chikara—at Rouse Avenue. Last week, the court issued a notice regarding this request.
Delhi Police’s counsel, Laksh Khanna, argued that consolidating the cases at the Special MP/MLA Court was necessary since proceedings against MLA Balyan were already underway there, whereas hearings for the other accused were being held at Dwarka Court.
On December 13, the Rouse Avenue Court refused Delhi Police’s request for further custody of Balyan, who remains in judicial custody after his December 4 arrest. He was detained following interrogation related to the MCOCA case.
According to the police, Balyan’s involvement emerged as an alleged mediator in an extortion demand made by gangster Kapil Sangwan to a businessman. Sangwan, reportedly operating from the UK, has been accused of several extortion activities, leading to the invocation of MCOCA against him earlier this year.
The High Court’s order aims to streamline the judicial process and ensure uniformity in handling cases arising from the same FIR.
