Delhi HC issues notice on plea of police seeking transfer of proceedings under MCOCA to MP/MLA court

New Delhi [India], December 16 (ANI): The Delhi High Court on Monday issued notice on a plea moved by Delhi Police seeking transfer of the case proceedings against three accused under MCOCA from Dwarka District Court to special MP/MLA court at Rouse Avenue.

In this case, AAP MLA Naresh Balyan has also been arrested.

Justice Anup Jairam Bhambhani issued notice on the petition. The matter was listed on December 18 before the concerned bench.

The court recorded the submissions made by the Additional Public Prosecutor (APP) Laksh Khanna who urged the notice to be issued for tomorrow that the copies of the plea will be served to three accused/respondents who are in judicial custody.

APP Khanna also submitted that the matter is urgent and sensitive as the proceeding of judicial custody of three respondents is listed tomorrow.

Delhi police sought transfer of case proceedings under MCOCA against three accused Ritik alias Peter, Rohit alias Anna and Sachin Chikara. These accused are in judicial custody and presently case proceedings are before Special MCOCA Judge Vandana Jain of Dwarka Court.

APP Laksh Khanna submitted that an MLA has been arrested in this case and proceedings related to him are going before the Special MP/MLA Court at Rouse Avenue.

On the other hand, proceedings related to three respondents are going before the Special Judge (MCOCA) at Dwarka Court, he added.

The proceedings cannot be going in one FIR before two courts. The matter ought to be heard by the Special MP/MLA court at Rouse Avenue, APP Laksh Khanna submitted.

In the morning, the matter was mentioned the matter before the bench of the acting Chief Justice.

On December 13, the Rouse Avenue court had declined the police custody of AAP MLA Naresh Balyan in judicial custody. He was remanded to judicial custody after police interrogation in MCOCA case. He was arrested on December 4.

Delhi police had taken seven days custody of Balyan after producing him before the Special MP/MLA judge at Rouse Avenue court. Special Judge Kaveri Baweja had remanded Naresh Balyan in judicial custody.

It was submitted by Delhi Police that some new facts emerged during the interrogation. The SPP submitted that the custody required to identify the other associate of an organised crime syndicate. The accused is not disclosing the names of his associates.

It was also argued that custody is required to know the manner in which Balyan was sending money abroad to Kapil Sangwan alias Nandu.

It was argued by Advocate M S Khan had opposed the police custody extension. He submitted that further custody is not required. He said that as per witness 9 associates are identified.

Approval from a competent officer is required to register an offence under MCOCA. 15 FIRs Were registered against Kapil Sangwan alias Nandu. All were investigated and charge sheets were filed in some of them.

Delhi police is relying on the offences linked with the period of 18 5 2021 to July 2023, the accused counsel argued.

“No fresh offence is there. Those offences can’t be reinvestigated under the garb of MCOCA,” Advocate M S Khan had argued. There should be continuous criminal activities to invoke an MCOCA, he added.

He further argued that there should be continuous criminal activity as a member of a crime syndicate. It is very clear that there should be a fresh act done by the accused. No fresh act is there. No ground for further remand is made out.