Rouse Avenue Court has granted Delhi Police an additional 60 days to continue the investigation into the MCOCA (Maharashtra Control of Organised Crime Act) case involving former Aam Aadmi Party (AAP) MLA Naresh Baliyan. Baliyan, who is currently lodged in Tihar Jail, was arrested on November 30, 2023, in connection with an extortion case.
As of March 3, 2025, 90 days would have passed since his arrest, which is the maximum time allowed for police to file a charge sheet under regular law.
However, the Delhi Police requested an extension, claiming that they needed more time to complete their investigation. The police filed an application stating that they could not meet the 90-day deadline because further investigation was still required.
Lawyer Opposes Extension
This request was met with opposition by MS Khan, the lawyer representing Baliyan, who argued that the Public Prosecutor’s report should be accepted as it stood. Khan also questioned whether the law allowed the additional 90 days to be granted in one block or in parts, suggesting that the request was overly broad.
Despite these objections, Special Judge Kaveri Baveja ruled in favor of the Delhi Police, granting them an extension of 60 days to continue their investigation.
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Following the court’s decision, MS Khan indicated that he might challenge the ruling in the Delhi High Court. The investigation will continue, and the court has scheduled the next hearing for March 12, 2025.
Supplementary Chargesheet Against Co-Accused
In a related development, the court also took cognizance of the supplementary chargesheet filed against co-accused Rohit alias Anna and Sachin Chinkara. The case involves serious charges under MCOCA, which was originally implemented in 1999 to combat organized crime, particularly in metropolitan areas like Mumbai.
The law requires the approval of senior officials before a case can be registered, and it mandates that the accused must have participated in at least two organized crimes within a 10-year period.
Understanding MCOCA And Its Provisions
MCOCA is a specialized law targeting organized crime and provides law enforcement with extended timeframes for investigations. Under this act, police have up to 180 days to file a charge sheet, compared to the 60-90 day limit under the Indian Penal Code (IPC). The remand of an accused under MCOCA can also be extended up to 30 days, whereas the IPC allows a maximum of 15 days.
The law has been in effect in Delhi since 2002, and it is also applicable in Maharashtra. For a case to be filed under MCOCA, authorities must prove the involvement of the accused in multiple organized crimes and must file a charge sheet promptly after an FIR is registered.
Background Of Naresh Baliyan’s Arrest
Naresh Baliyan was initially arrested in November 2023 for extortion. However, after securing bail in that case, he was re-arrested under MCOCA. According to the Delhi Police, Baliyan’s involvement in a conversation with notorious gangster Kapil Sangwan in 2023 led to the new charges. Sangwan, who has been residing in the UK for the past five years, is allegedly the mastermind behind several high-profile criminal activities, including the murder of Haryana’s Nafe Singh, the killing of Ballu Pehelwan, and the murder of BJP leader Surendra Matiala. Both Baliyan and Sangwan are residents of Najafgarh, Delhi.
As the investigation continues, Baliyan’s legal team prepares to challenge the court’s decision, marking a significant legal development in this high-profile case.
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