Delhi High Court Criticizes Police Over Delayed MCOCA Investigation Against Former AAP MLA
The Delhi High Court on Friday strongly reprimanded the police for its sluggish progress in completing the investigation against Naresh Balyan, a former Aam Aadmi Party (AAP) Member of Legislative Assembly (MLA) who has been booked under the stringent Maharashtra Control of Organised Crime Act (MCOCA). The court emphasized the need for a swift probe, highlighting that the accused has been in custody since 2024, raising concerns about prolonged incarceration without resolution.
Court Demands Timelines and Status Report
During the hearing, the court sought clarity on when the police intend to file the chargesheet, pressing for concrete timelines to ensure accountability. The prosecution admitted that the investigation remains unfinished, citing complexities in the case. Justice Swarana Kanta Sharma expressed dissatisfaction with the police's slow pace, stating that such delays are unacceptable while the accused remains behind bars. The court also directed the submission of a status report regarding Balyan's bail plea, underscoring the urgency of the matter.
Defense and Prosecution Arguments Clash
Balyan's legal counsel argued vehemently against the charges, claiming there is "no shred of evidence" against him and labeling the case as "completely frivolous." They pointed out that the First Information Report (FIR) does not even mention Balyan's name, questioning the basis of his arrest. In contrast, the Delhi Police opposed any relief for Balyan, drawing parallels with the Unlawful Activities (Prevention) Act (UAPA). They asserted that under MCOCA, bail cannot be granted unless specific conditions are met, such as reasonable grounds to believe the accused did not commit the crime—conditions they argue are not satisfied in this instance.
Police Claims and Investigation Details
The special counsel for the police contended that there is a "continuous unlawful activity" justifying the invocation of MCOCA against Balyan, who is accused of acting as a "facilitator" in an organised crime syndicate. They warned that granting bail could hamper the investigation, which they described as being at a "crucial stage." To bolster their case, the prosecutor cited 16 FIRs lodged against alleged syndicate members across various parts of Delhi, indicating the scale and seriousness of the alleged criminal network.
This legal battle highlights ongoing tensions between judicial oversight and law enforcement procedures in high-profile cases involving stringent laws like MCOCA. The Delhi High Court's intervention aims to expedite justice while balancing the rights of the accused with the demands of a thorough investigation.
