MCOCA case: AAP MLA Naresh Balyan invokes Tahir Hussain, seeks custody parole in Delhi HC

New Delhi, Jan 28 (PTI) Referring to the Supreme Court's reprieve to riots' accused Tahir Hussain, AAP MLA Naresh Balyan, arrested in a MCOCA case, on Tuesday urged the Delhi High Court to release him on custody parole for six hours.

Appearing before Justice Vikas Mahajan, Balyan's counsel sought the relief on the ground that the lawmaker was a "significant member" of AAP and his wife, who had no experience, was contesting polls.

"There is no offence made out against me. Custody parole may be granted. There will be no impediment since I will be in custody. I will not give a statement to the media. I am a two-time sitting MLA," said his counsel.

The court asked the Delhi police counsel to seek instructions and posted the hearing on January 29.

"Seek instructions and come. One day he can go and align things for his wife," the judge said.

Balyan's counsel relied on the Supreme Court order allowing former AAP councillor and February 2020 riots accused Tahir Hussain, contesting on a AIMIM ticket, to campaign for Delhi assembly polls on custody parole.

Balyan suggested his custody parole could even be videographed.

Delhi police's special counsel Amit Prasad, however, said the wife and not the accused, was the candidate and investigation was underway.

"I will reply to this. The witnesses are also from that area," he added.

Balyan's counsel sought permission for custody parole while arguing for bail in the case.

The police had opposed his plea for interim bail in view of the assembly polls on February 5.

The court had said since the case required testing of the "twin conditions" even for grant of interim bail, the issue of granting regular bail itself should be decided.

Balyan's counsel had argued there was "no shred of evidence" against him and the case was "completely frivolous". FIR did not even mention Balyan's name and the MLA had himself raised a complaint against the crime, he said.

The police have 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 Balyan. Before the trial court, Delhi police opposed Balyan's bail application, claiming the investigation was at a crucial stage in the case, and if granted bail, the accused could hamper the probe.

The prosecutor cited 16 FIRs lodged against the alleged syndicate members in various parts of Delhi and claimed it "created havoc in the society and has amassed huge illegal wealth". PTI ADS AMK