Delhi High Court Transfers MCOCA Case Involving MLA Naresh Balyan to Special MP/MLA Court

Keyword: Naresh Balyan MCOCA case

In a significant judicial development, the Delhi High Court on Thursday ordered the transfer of a case under the stringent Maharashtra Control of Organised Crime Act (MCOCA) involving Uttam Nagar MLA Naresh Balyan from the Dwarka court to the Special MP/MLA Court at Rouse Avenue.

The order, passed by Justice Manoj Kumar Ohri, was issued following submissions from the counsel for two co-accused, who expressed no objection to the transfer. The decision was made in response to a plea by the Delhi Police, seeking the consolidation of all proceedings arising from the same FIR before a single court.

Rationale for the Transfer

The Delhi Police argued that proceedings related to MLA Naresh Balyan were being conducted before the Special MP/MLA Court in Rouse Avenue, while similar applications concerning other accused in the same FIR were being listed before the designated MCOCA Court in Dwarka. The prosecution emphasized that proceedings for a single FIR cannot be split across two different courts, necessitating the transfer to ensure judicial consistency and efficiency.

Justice Ohri concurred with the police’s reasoning and directed that all further proceedings in the case be conducted at the Special MP/MLA Court. The Court clarified that the allocation of the case would be determined by the Principal and District Judge at Rouse Avenue.

Case Background

MLA Naresh Balyan was arrested on December 4 in connection with the alleged organized crime under MCOCA. Notably, his arrest came on the same day he was granted bail in an unrelated extortion case. The Special MP/MLA Court had earlier denied the police’s request for further remand of Balyan, sending him to judicial custody until January 9, 2025.

In compliance with the High Court’s direction, the co-accused in the case, Rohit and Sachin Chikara, were presented before the court via video-conferencing. Additionally, Ritik, another accused, through his counsel, also expressed no objection to the transfer of the case.

Implications of the Order

This transfer consolidates the case proceedings under one judicial authority, ensuring uniformity in handling the allegations against all accused individuals. The move aligns with procedural norms that prevent fragmentation of legal processes, particularly in complex cases involving organized crime and multiple defendants.

Conclusion

The High Court’s decision to transfer the MCOCA case involving Naresh Balyan underscores the judicial system’s emphasis on procedural consistency and the efficient administration of justice. As the case proceeds at the Rouse Avenue Court, it will be closely monitored for its broader implications on the application of MCOCA and the handling of cases involving elected representatives.

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