Today, On 28th February, The Supreme Court set-aside the Delhi High Court’s stay on the discharge of SS Wazir in a murder case. It ruled that such a stay should only be granted in truly exceptional circumstances. The Court emphasized that unnecessary delays in discharge orders can impact justice. This decision reinforces the principle of fair and timely legal proceedings.
New Delhi: The Supreme Court set-aside the Delhi High Court’s decision to stay a trial court order that discharged Sudershan Singh Wazir, the former President of the Jammu and Kashmir State Gurdwara Parbandhak Board, from a murder case.
A bench of Justices Abhay S. Oka and Ujjal Bhuyan stated,
“We have held that an order of stay on discharge should never be granted unless circumstances are exceptional.”
A copy of the judgment is pending.
In November 2024, the Supreme Court had previously stayed the High Court’s decision and expressed astonishment at it.
Justice Oka remarked,
“How can an order of discharge be stayed? It is completely unheard of. Absolutely shocking. If the Court starts staying discharge orders, then trials will proceed. How can this happen? We need to establish the law regarding the manner in which the High Court exercises its power.”
Wazir, a notable Sikh leader, was arrested by the Delhi Police in February 2023 in connection with the murder of former National Conference (NC) leader Trilochan Singh Wazir in September 2021.
However, he and two others were discharged by the trial court on October 20, 2023, with murder charges being framed against only one accused, Harmeet Singh.
Interestingly, the day after the trial court’s decision, the State filed a revision petition before the High Court. Justice Vikas Mahajan, while issuing notice on the State’s plea, stayed the operation of the discharge order.
Following Wazir’s release after being cleared of the charges, the Delhi Police subsequently filed an application for his surrender, which Justice Anish Dayal allowed on November 4.
Wazir then approached the Supreme Court, which granted him relief and stayed the subsequent High Court order requiring him to surrender. Senior Advocate Sidharth Luthra represented Wazir in the proceedings.
The former President of the Jammu and Kashmir State Gurdwara Parbandhak Board was a key figure responsible for overseeing the management and administration of Sikh gurdwaras in the region. This position involved ensuring the proper upkeep of religious sites, addressing community concerns, and representing Sikh interests in Jammu and Kashmir.
The role also carried crucial influence in regional Sikh affairs, including religious, social, and political matters.
Case Title: Sudarshan Singh Wazir v. State (NCT of Delhi)