The Delhi High Court on Wednesday (January 29, 2025) refused to release AAP MLA Naresh Balyan, arrested in a Maharashtra Control of Organised Crime Act (MCOCA) case, on custody parole to enable him to “guide” his wife contesting the upcoming assembly polls.
Delhi Police opposed the grant of custody parole to the lawmaker, saying an investigation in the case was underway and certain witnesses also came forward.
Considering the police’s stand, Justice Vikas Mahajan said he was not inclined to grant relief, and noted Mr. Balyan’s case was different from that of riots’ accused Tahir Hussain who was given a similar relief by the Supreme Court.
“Had he (Balyan) been contesting, it would’ve been different. Tahir Hussain is on a different footing. He is not contesting. Supreme Court also said Tahir Hussain is not a precedent,” the court remarked.
The court posted Mr. Balyan’s bail plea for hearing on January 30 after his counsel said he would not press the relief of custody parole at this stage.
Mr. Balyan’s lawyer M.S. Khan said the police’s apprehension that the probe would be hampered was without any basis.
“I will be in custody. How will I go to witnesses? My wife is contesting the elections. No one is there to guide her. No one can substitute her husband.. Phone is also not provided to me (in jail),” he argued.
Referring to the Supreme Court’s reprieve for Mr. Hussain, Mr Balyan urged the court to release him on custody parole for six hours after the police opposed his plea for interim bail in view of the assembly polls on February 5.
The police accused Balyan of being a “facilitator” in an organised crime syndicate. He was arrested in the MCOCA case on December 4, 2024, the day a trial court granted him bail in an alleged extortion case.
On January 15, a trial court denied bail to Mr. Balyan.
Published - January 30, 2025 12:47 pm IST
