Justice Swarna Kanta Sharma of the Delhi High Court on Monday recused herself from hearing the bail plea in the MCOCA case involving former AAP MLA Naresh Balyan. According to 'Bar and Bench', Justice Sharma directed that the matter be presented before a new bench on April 23. Balyan is seeking regular bail in this case. Notably, Chief Minister Arvind Kejriwal has also filed a petition to remove Justice Sharma in the liquor policy case, with a decision expected today at 4:30 PM.
Arrest of Naresh Balyan and Serious Allegations
The difficulties for Naresh Balyan have been continuously increasing since his arrest on December 4, 2024. The Delhi Police has filed a supplementary chargesheet against him under Sections 3 and 4 of the MCOCA. The police allege that Balyan was associated with the organized crime syndicate of fugitive gangster Kapil Sangwan alias Nandu. This major legal action has been taken against him for being part of this syndicate.
Rejection of Bail Plea by Lower Court
Balyan's bail application was rejected on January 15, 2025, by Lower Court Judge Kaveri Baweja. The court held that there is strong evidence of links between the AAP leader and gangster Sangwan's organized crime syndicate. However, Balyan's lawyers are outrightly rejecting these allegations, while they argue that there is no solid basis for invoking MCOCA and that Balyan has nothing to do with the Sangwan gang.
Extortion Case and Reprimand to Delhi Police
It's noteworthy that Balyan was previously granted bail in an extortion case on December 4, 2025, but was re-arrested in the MCOCA case just hours later. During the hearing on March 13, Justice Sharma strongly reprimanded the Delhi Police for the sluggishness in the investigation. Expressing displeasure, the court stated that since the accused has been behind bars since 2024, the police should have completed the investigation as soon as possible. The court questioned how much longer this investigation would drag on, remarking that if the investigation isn't completed, when will the main trial begin?
What is the MCOCA Act?
Key highlights regarding the MCOCA Act are as follows: