The Supreme Court on Monday, 24 August issued notice to the Delhi government on a special leave petition filed by former Aam Aadmi Party (AAP) MLA Naresh Balyan, who has challenged the Delhi High Court's refusal to grant him bail in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA). The matter has been posted for hearing after four weeks.

The Supreme Court Bench and Proceedings

A Bench of Justices Vikram Nath and Sandeep Mehta admitted the petition for notice and directed the Delhi government to respond. Balyan's plea challenges the High Court's dismissal of his appeal against the trial court's earlier refusal to grant bail in the organised crime case registered by the Delhi Police Crime Branch.

What the Delhi High Court Held

In its judgment delivered on 3 August, the Delhi High Court found a 'discernible nexus' between Balyan and other alleged members of the syndicate, including its head, and held that the element of 'continuing unlawful activity' was 'palpably present.' A single-judge Bench of Justice Manoj Jain further ruled that since the alleged unlawful activity involved threat and intimidation aimed at pecuniary gain, the invocation of MCOCA could not be considered unjustifiable.

The High Court also rejected Balyan's argument that his prolonged custody without framing of charges violated his fundamental right to a speedy trial under Article 21 of the Constitution. The court observed that 'mere long incarceration cannot be taken as governing and decisive factor for grant of bail' in serious matters governed by MCOCA's stringent provisions.

Background: Arrest and Allegations

Balyan was first arrested on 30 November 2024 after audio clips allegedly featuring him in conversation with gangster Kapil Sangwan, alias Nandu, surfaced. The clips purportedly indicated plans to threaten and extort money from builders and other individuals in Delhi.

He was rearrested by the Crime Branch in December 2024 under MCOCA — within minutes of securing bail in a separate extortion case before the Rouse Avenue Court. According to the Delhi Police, Balyan was part of a larger criminal syndicate allegedly involved in extortion and arms trafficking across Delhi and adjoining areas.

Scale of the Case and Court's Observations

The High Court recorded that as many as 17 FIRs had been lodged against the alleged syndicate, with FIRs registered between 2021 and August 2024 indicating continuous unlawful activity. The court also rejected arguments that invoking MCOCA amounted to double jeopardy or violated Article 20 of the Constitution, noting that MCOCA had not been invoked in the earlier FIRs.

The High Court additionally noted that the alleged syndicate head had absconded, and the prosecution had sought trial in absentia against him — a factor it considered while characterising the investigation as a 'mammoth task.'

Balyan's Stand

Balyan has consistently denied all allegations, claiming that the prosecution case is politically motivated and that the charges have been fabricated as part of a larger conspiracy against him. His Supreme Court petition keeps open the possibility of bail relief, with the next hearing expected in approximately four weeks.