Delhi HC transfers MCOCA case involving AAP MLA from Dwarka to Rouse Avenue court
The Hindu
Delhi High Court transfers MCOCA case involving AAP MLA Naresh Balyan from Dwarka court to Rouse Avenue court.
The Delhi High Court on Thursday transferred from the Dwarka court to the Rouse Avenue court a case under the stringent Maharashtra Control of Organised Crime Act involving AAP MLA Naresh Balyan.
Justice Manoj Kumar Ohri passed the order following the submission on behalf of counsel for the two accused that they have no objection if the case is transferred.
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The court was dealing with the Delhi Police's plea to transfer the case of all the accused persons from a trial court in Dwarka to the special MP/MLA court in Rouse Avenue.
According to the police, while applications seeking remand, etc., for co-accused Balyan were being heard by a special MP/MLA court in the Rouse Avenue District Courts, similar applications relating to others were being listed before the designated MCOCA court in Dwarka.
The prosecutor submitted that in the context of one FIR, proceedings cannot take place in two different courts and therefore, the special court dealing with MPs /MLAs should deal with all the accused persons.
The High Court, while disposing of the plea, said "As the earlier proceedings qua MLA Naresh Balyan are stated to be held at special court, Rouse Avenue Court, the case (in Dwarka court) stands transferred to Rouse Avenue Court and any further proceedings will be allocated by the Principal and District Judge concerned".
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