The Delhi High Court has issued a notice on the issue of transferring the proceedings of the MCOCA case of three other accused in the AAP MLA Naresh Balyan case from the Dwarka District Court to the Special MP/MLA Court at Rouse Avenue. The police have filed this petition.
Justice Anup Jairam Bhambhani has sought a response from the three accused.
APP Khanna also submitted that the matter is urgent and sensitive, as the judicial custody proceedings of the three respondents are listed tomorrow.
The Delhi Police sought transfer of the proceedings of the case under MCOCA against three accuseds Hrithik alias Peter, Rohit alias Anna and Sachin Chikara. These accused are in judicial custody. The proceedings of the case are currently going on before Special MCOCA Judge Vandana Jain of Dwarka Court.
APP (Additional Public Prosecutor) Lakshya Khanna said that an MLA has been arrested in this case while the proceedings related to him are going on in the Special MP/MLA Court. He said that on the other hand, the proceedings related to the three respondents are going on before the Special Judge (MCOCA) in Dwarka Court.
Meanwhile, the proceedings cannot be conducted in two courts in one FIR. The case should be heard in the special MP/MLA court at Rouse Avenue. APP Lakshya Khanna also said that the case was placed before the Acting Chief Justice’s bench in the morning.
On December 13, the Rouse Avenue Court had refused to take AAP MLA Naresh Balyan into judicial custody. He was sent to judicial custody after police interrogation in the MCOCA case. He was arrested on December 4.
The Delhi Police had taken Balyan into seven-day custody after presenting him before the special MP/MLA judge at the Rouse Avenue Court. Special Judge Kaveri Baveja had sent Naresh Balyan to judicial custody. The Police official stated that some new facts had come to light during the interrogation.
Meanwhile, the SPP said that custody is required to identify other associates of the organized crime syndicate.
The accused is not revealing the names of his associates. It was also argued that custody was required to know how Balyan was sending money abroad to Kapil Sangwan alias Nandu.
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