New Delhi, Feb 13 (PTI) A Delhi court on Friday sent AAP's Uttam Nagar MLA Naresh Balyan to judicial custody till January 9 in a case related to alleged organised crimes while denying police his further remand and said that he could not be "compelled" to cooperate in the probe.

Dismissing Delhi Police's application seeking Balyan's further custody for 10 days in the case lodged under the stringent Maharashtra Control of Organised Crime Act (MCOCA), Special Judge Kaveri Baweja said the ground stated by the probe agency did not justify any further extension.

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The judge noted that police sought the extension of Balyan's police custody remand stating that he did not cooperate during his custodial remand granted earlier and did not reply to queries during interrogation.

One of the grounds stated by the investigating officer (IO) for seeking police custody remand is that the accused is not disclosing the names of other members of the organised crime syndicate.

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"Undoubtedly, the accused cannot be compelled to cooperate in an investigation or to provide any information that could be used against them," the judge said.

She further said that the extension of police custody remand could not be granted for confronting the accused with other members of the syndicate who are admittedly still absconding.

"There can be no certainty as to when and if at all they would be arrested and therefore, it cannot be a ground to seek extension of police custody of the accused that he has to be confronted with persons who are absconding," she said.

The judge passed the order after Balyan was produced before the court on the expiry of his seven-day police custody in the case.

Special Public Prosecutor Akhand Pratap Singh, representing Delhi Police, sought further police custody of Balyan, saying he was required to be quizzed to unearth the larger conspiracy in the case.

Balyan was arrested in the organised crime case on December 4. A court earlier granted him bail in an extortion case.

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