justice-swarna-kanta-recuses-from-aap-mla-s-case-hearing

Delhi High Court Justice Swarana Kanta Sharma on Monday recused from hearing a plea filed by former Aam Aadmi Party (AAP) MLA Naresh Balyan seeking bail in a case registered against him under Maharashtra Control of Organised Crime Act (MCOCA). The case registered against him under the stringent Maharashtra Control of Organised Crime Act, 1999, relates to an alleged organised crime.

 

Justice Sharma said the case will be listed before a different bench on April 23. Balyan was arrested on December 4, 2024 on allegations that he was linked to a criminal syndicate headed by gangster Kapil Sangwan. No reasons were given by the judge while recusing from the matter.

 

On January 15, 2025, trial judge Kaveri Baweja rejected Balyan's bail plea, observing that there was sufficient evidence to indicate a link between the AAP leader and the organised crime syndicate headed by Sangwan. Balyan is presently in judicial custody lodged at Mandoli jail. T

 

Earlier, he was denied bail in the MCOCA case by the trial court on January 15, 2024. It was observed that there was substantial evidence linking him to an organised crime syndicate.The Rouse Avenue Court judge further held that Balyan did not satisfy the stringent requirements for bail under the MCOCA. Balyan had earlier secured bail in an extortion case on December 4, 2025, only to be arrested hours later in the MCOCA case.

 

Notably, on March 13, Justice Sharma had censured Delhi Police for its failure to complete the probe into Balyan even though he has been in prison since 2024. "If you keep on investigating this case, when are they going to hear charges? A bail court will obviously say let the charges be framed first," the court remarked.

 

The trial court said Balyan was actively involved in 'ongoing unlawful activities as a member of the group'. The Delhi Police filed 16 FIRs against the members of Sangwan's syndicate, accusing them of engaging in extortion, violence and other criminal activities across the national capital.

 

The prosecution had opposed Balyan's bail plea before the trial court alleging that he was a 'facilitator' in the organised crime syndicate. The court had also noted that two witnesses had retracted their statements against Balyan.