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Synopsis

Special Public Prosecutor (SPP) Amit Prasad for State, on Monday, before the Delhi High Court argued that 'indirect or direct involvement with organized crime syndicate is punishable under the law'. It was further argued that the accused need not commit a crime directly, mere nexus with a crime is enough to hold an individual liable. 

SPP argued that 'Not necessary that the accused person must have been involved in foundational crime to be held liable under MCOCA'. 

These observations were made before the bench of Justice Vikas Mahajan in a bail plea filed by Naresh Balyan​​​​, MLA of the Aam Aadmi Party (AAP), on the grounds that his wife was contesting the upcoming Delhi Elections and required his guidance. The police vehemently opposed the bail application arguing that the investigation in the case was ongoing and certain witnesses had recently come forward.

SPP Prasad further contended that there existed no absolute requirement for an FIR to include the names of all individuals involved in the offence. He clarified that while sanctioning was necessary for cognizance of the offence, Section 21(4) of the relevant Act explicitly prohibited bail unless the public prosecutor had been given an opportunity to oppose the application or the court was satisfied that reasonable grounds indicated the accused had not committed the offence.

Addressing the specific facts of Balyan’s case, SPP Prasad pointed to the charge order, which, according to him, demonstrated the existence of a crime syndicate. He referenced the status report, stating that it outlined the triggers leading to the case. The prosecution asserted that Suraj Bhan, an eyewitness to the execution of a doctor allegedly carried out by the syndicate, had become a crucial figure in the investigation. 

Background:

The police had accused Balyan of acting as a 'facilitator' in an organized crime syndicate. The original case stemmed from a police complaint filed by Gurcharan, a resident of Mohan Garden in West Delhi, who alleged that he received an extortion call from Kapil Sangwan in July 2023, demanding Rs 1 crore. A police investigation uncovered an audio clip of a conversation between Balyan and Sangwan, about the collection of ransom money from businessmen.