The Delhi High Court reprimanded Delhi Police for delaying the probe against Naresh Balyan, an Aam Aadmi Party MLA booked under Maharashtra Control of Organised Crime Act, stressing the investigation should be expedited as the accused has remained in custody since 2024.
NEW DELHI: The Delhi High Court reprimanded the Delhi Police for their failure to finalize the investigation against Aam Aadmi Party (AAP) MLA Naresh Balyan, who is implicated in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA).
Justice Swarna Kanta Sharma emphasized that the investigation should have been expedited, given that Balyan has been in custody since 2024.
The judge noted,
“If you keep on investigating this case, when are they going to hear charges? A bail court will obviously say let the charges be framed first,”
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During the proceedings, the Court pointed out that two witnesses had retracted their statements against Balyan. He was arrested on December 4, 2024, based on allegations that he was connected to a criminal syndicate led by gangster Kapil Sangwan. On January 15, 2025, the trial judge, Kaveri Baweja, denied Balyan’s bail request, citing sufficient evidence linking the AAP leader to Sangwan’s organized crime network. The judge concluded that Balyan did not meet the stringent standards for bail set by the MCOCA. Notably, Balyan had previously obtained bail in an extortion case on December 4, 2025, only to be re-arrested hours later in connection with the MCOCA case.
During the hearing of his bail plea, Balyan’s attorney, Senior Advocate Rebecca M John, argued that it remains unclear whether the audio evidence cited against him contains any gangster’s voice.
John asked.
“They took my voice samples. They have not taken voice samples of anybody else. We don’t know if it is gangster; they are claiming that it is a gangster. Who is this other person?”
When the Court inquired if charges had been formally laid against Balyan, the response indicated that the investigation was still ongoing.
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The Court then expressed concern over the delay.
The judge remarked,
“Whether he has done it or not done it, it is a matter of trial. But otherwise, even for charge, at least you should expedite. Since 2024, he has been in jail. Now it is 2026,”
The Court further stated that police cannot conduct an investigation at such a slow pace while an accused remains incarcerated.
It noted,
“For two years you cannot sit when somebody is in jail. Whose voice samples have you taken? Then later on you will say you have to take voice samples,”
The Court added,
“Aap kyu delay kar rahe hain? [Why are you delaying?] At least let it come up for charge. Let us see whether the charge is made out. Why are you delaying it?”
The judge instructed the police to provide a timeline for completing the investigation. Special Counsel Amit Prasad stated he would return with a structured plan regarding the timeline for the inquiry.
Prasad said,
“Let me sit with them and finalize a structure and come back with a schedule on how much time what all we will be able to conclude,”
However, the Court insisted that the supplementary chargesheet be filed by March 30. At this point, Balyan’s counsel argued that they should proceed with a decision on the bail application, regardless of the ongoing investigation.
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She stated,
“My instructions are, let the bail application be decided regardless,”
The Court did not seem to respond favorably to this approach.
Justice Sharma remarked,
“I was trying to help you; if you don’t want it then alright. We will hear you then on the next date. Then there will be no order to expedite. Don’t expedite it then. Then do whatever. I will not pass on order,”
John reiterated that her arguments aligned with her client’s instructions. The Court acknowledged this: “I understand.”
The hearing was then adjourned, with the Court requiring the State to submit a status report before the next hearing on March 30.
The judge concluded,
“The matter was put up for the first time before this Court today. Arguments heard and concluded on behalf of the petitioner. Prosecution will be heard on the next date. In the meantime, please file your status report. Then you can file your supplementary also,”
Case Title: Naresh Balyan v. State NCT of Delhi
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