New Delhi: The Supreme Court on Monday issued notice on a plea filed by former Aam Aadmi Party (AAP) MLA Naresh Balyan challenging the Delhi High Court’s refusal to grant him bail in a case registered under the stringent Maharashtra Control of Organised Crime Act (MCOCA).
A Bench of Justices Vikram Nath and Sandeep Mehta issued notice to the Delhi government on Balyan’s special leave petition (SLP) and posted the matter for hearing after four weeks.
Balyan has challenged the Delhi High Court decision, which had dismissed his appeal against the trial court’s refusal to grant him bail in the organised crime case registered by the Delhi Police Crime Branch under the MCOCA.
The Delhi High Court, in its judgment delivered on August 3, had held that there was a “discernible nexus” between Balyan and other members of the alleged syndicate as well as its head, and observed that the element of “continuing unlawful activity” was also “palpably present”.
A single-judge Bench of Justice Manoj Jain had further held that since the alleged unlawful activity involved threat and intimidation with the objective of gaining pecuniary advantage, the invocation of MCOCA could not be said to be unjustifiable.
Balyan had argued that he had been in custody for a considerable period and that charges had not yet been framed, contending that his continued incarceration violated his fundamental right to a speedy trial under Article 21 of the Constitution.
Rejecting the contention at the bail stage, the Delhi High Court observed that while the right to speedy trial was an invaluable constitutional right, “mere long incarceration cannot be taken as governing and decisive factor for grant of bail” in sensitive and serious matters involving stringent provisions of MCOCA.
The High Court remarked that the investigation in such matters was a “mammoth task”, while also taking note of the fact that the alleged syndicate-head had absconded and the prosecution had sought trial in absentia against him.
Balyan was initially arrested on November 30, 2024, after audio clips allegedly featuring him in a conversation with gangster Kapil Sangwan alias Nandu surfaced. The clips purportedly suggested plans to threaten and extort money from builders and other individuals in Delhi.
He was subsequently rearrested by the Crime Branch in December 2024 under MCOCA, minutes after securing bail in an extortion case before the Rouse Avenue Court.
According to the Delhi Police, Balyan was part of a larger criminal syndicate operating in Delhi and adjoining areas and allegedly involved in organised crimes, including extortion and arms trafficking.
The prosecution case was that the syndicate was engaged in continuing unlawful activities for financial gain and that Balyan had a nexus with its members.
The High Court recorded that as many as 17 FIRs had been lodged against the alleged syndicate and held that the FIRs registered between 2021 and August 2024 did not suggest any lack of continuous unlawful activity. It also rejected the argument that invocation of MCOCA amounted to double jeopardy or violated Article 20 of the Constitution, observing that MCOCA had not been invoked in the earlier FIRs.
The Delhi High Court ultimately dismissed Balyan’s appeal and turned down his bail plea, while making it clear that its observations were tentative and would not prejudice the trial court at the stage of consideration of charges or any subsequent stage.
Balyan has consistently denied the allegations and claimed that the prosecution case against him was politically motivated and that the allegations had been fabricated as part of a larger conspiracy against him.
(IANS)
