New Delhi: The Delhi High Court on Wednesday (January 29) refused to release Aam Aadmi Party (AAP) MLA Naresh Balyan on custody parole to guide his wife contesting the upcoming Delhi assembly polls.
Balyan had on Tuesday referred to the Supreme Court order granting custody parole to former councillor and Delhi riots accused Tahir Hussain and had urged the High Court to release him on custody parole for six hours to guide his wife in the assembly polls.
Delhi Police opposed grant of custody parole to Balyan
Delhi Police opposed grant of custody parole to Balyan, saying investigation in the case was in progress and certain witnesses also came forward.
Justice Vikas Mahajan, while taking note of the submissions by the Delhi Police, noted that the case of Balyan was different from that of Hussain and said he was not inclined to grant the relief to him.
What did the High Court say?
“Had he (Balyan) been contesting, it would’ve been different. Tahir Hussain is on a different footing. He is not contesting. Supreme Court also said Tahir Hussain is not a precedent,” Justice Mahajan said.
Hearing on Balyan’s plea was posted for January 30 after his counsel told the court that he would not press the relief of custody parole at this stage.
The Delhi Police earlier opposed Balyan’s interim bail plea in view of the Delhi assembly polls on February 5.
The trial court earlier denied bail to Balyan in the case.
Balyan was arrested in MCOCA case on December 4
The Delhi Police arrested Balyan in the case lodged under the stringent Maharashtra Control of Organised Crime Act (MCOCA) on December 4 last year while he was in police custody in another case – an alleged extortion case. He was granted bail by the lower court court in the extortion case on December 4 last year.
