MCOCA Case: Court Allows Weekly Calls, E-Mulakats to Ex-AAP MLA Naresh Balyan

Special Judge Dig Vinay Singh of Rouse Avenue Court passed the detailed order on July 22, 2025, on an application filed by A-4, Naresh Balyan, who is presently lodged in Tihar Jail since December 4, 2024, following his arrest in connection with the MCOCA case.

The accused claimed that his previously granted privilege of e-mulakat with family members had been withdrawn without explanation and that he was not being allowed the mandated five-minute weekly audio call with his family.

Stressing that he was a psychiatric patient, Balyan argued that denial of regular family contact severely affected his mental health.

His counsel relied on landmark rulings including Sunil Batra v. Delhi Administration (1978), Francis Coralie Mullin v. Union of India (1981), and Court on Its Own Motion v. State (2009), asserting that undertrials; even in grave offences, retain fundamental rights, including to communicate with family under regulated conditions.

The SPP for the State, however, denied issuing the mandatory no-objection certificate (NOC) under Rule 631 of the Delhi Prison Rules, 2018, citing national security concerns and the risk of witness tampering. The prosecution contended that the accused’s contact with “family” could be used as a cover to influence the case or harm others.

Rejecting a blanket denial, the Court observed that Rule 631 does not permit a complete bar on communication but provides for safeguards and case-specific scrutiny. “A mentally sound and healthy inmate should be permitted to speak to family members at least once a week,” the Court noted, emphasizing the need to preserve an undertrial's mental health.

Accordingly, the Court allowed Balyan to speak with an immediate family member once a week via a five-minute phone call and a five-minute e-mulakat, subject to stringent conditions: calls must be monitored and recorded; the inmate must speak only in a language understood by jail authorities; and the family must provide a verified, post-paid number.

The Court warned, that the use of code words or involvement of third parties would lead to cancellation of the facility.

The same relief was extended to co-accused A-1 Ritik @ Peter, A-2 Rohit, A-3 Sachin Chhikara, and A-5 Vijay Gahlot; provided they submit necessary undertakings and follow identical safeguards.

Additionally, the Court directed the Investigating Officer to respond promptly to pending jail communications regarding the other undertrials and left the door open for two more accused persons to make similar requests in the future.

Previously, Balyan had withdrawn his bail appeal from the Delhi High Court on May 7. On May 5, the Court had taken cognisance of a supplementary charge sheet naming Balyan and three others as accused.

The Court had directed daily hearings on charge framing from June 3 and extended the judicial custody of all accused. The Delhi Police had been asked to expedite the probe concerning another accused, Vikas Gehlot.