On Wednesday, however, the court said Balyan’s case was different from Hussain, since the AAP leader is not contesting the elections.
The Delhi high court on Wednesday refused to release Aam Aadmi Party (AAP) leader Naresh Balyan on custody parole.
Balyan, arrested by the Delhi Police on December 4, 2024 under the stringent Maharashtra Control of Organised Crime Act (MCOCA), was seeking custody parole to aid his wife Pooja Balyan, who is contesting the upcoming Delhi assembly elections from the Vikaspuri constituency.
However, the Delhi Police represented by special public prosecutor Amit Prasad opposed the prayer, citing Balyan’s ability to influence witnesses. Prasad further submitted that the police are yet to conclude their probe against Balyan.
After hearing the Delhi Police representation, a bench of justice Vikas Mahajan rejected Balyan’s plea.
Earlier, on Tuesday, the high court had asked Prasad to seek instructions after Balyan’s counsel MS Khan urged the court to release his client on custody parole, citing a Supreme Court’s order granting similar relief to Tahir Hussain, who is contesting the Delhi elections from Mustafabad on an AIMIM ticket.
On Wednesday, however, the court said Balyan’s case was different from Hussain, since the AAP leader is not contesting the elections.
“Mr Khan, now they (Delhi Police) are opposing it. I will have to pass an order. Tahir Hussain case is altogether on a different footing. Had he (Balyan) been contesting elections, it would have been different,” justice Mahajan said.
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