The Supreme Court expressed extreme displeasure over the Delhi High Court’s decision to a discharge order passed by the trial court in a murder case. A Bench of Justice Abhay S Oka and Justice Augustine George Masih opined that such an approach in a revision plea moved by the State was completely unheard of.
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NEW DELHI: The Supreme Court on Monday voiced strong disapproval over the Delhi High Court’s decision to stay a discharge order issued by a trial court in the high-profile murder case of Sudershan Singh Wazir.
A bench comprising Justice Abhay S. Oka and Justice Augustine George Masih stated that the approach taken by the Delhi High Court in handling the State’s revision plea was unprecedented and raised significant concerns.
“How can an order of discharge be stayed? It is completely unheard of. Absolute shocking affairs. If the Court will start staying order of discharge, then trial will proceed. How can this happen? We will have to set down the law. The manner in which power is exercise by High Court,”
-Justice Oka remarked, expressing his astonishment at the High Court’s actions.
Consequently, the Supreme Court halted the trial against Wazir and also stayed the subsequent High Court order requiring Wazir to surrender.
This decision arose from a plea submitted by Wazir, the former President of the Jammu and Kashmir State Gurdwara Parbandhak Board, who had previously been discharged in the murder case.
The Delhi High Court’s order to stay his discharge sparked the intervention of the Supreme Court.
The case dates back to September 2021, when former National Conference (NC) leader Trilochan Singh Wazir was murdered, leading to Wazir’s arrest by Delhi Police in February 2023. However, on October 20, 2023, a trial court discharged Wazir and two other suspects from the case, framing murder charges against only one accused, Harmeet Singh.
Interestingly, the State filed a revision petition with the High Court the day after the trial court’s discharge order. Upon reviewing this plea, Justice Vikas Mahajan issued a stay on the trial court’s discharge order, allowing the State’s request to proceed.
However, since Wazir had already been released following the trial court’s decision, the Delhi Police soon applied for an order requiring his surrender, which Justice Anish Dayal approved on November 4.
During the hearing, Senior Advocate Sanjay Jain, representing the Police, argued that Wazir had been permitted by the High Court to apply for bail.
However, Justice Oka found this approach troubling, questioning its procedural fairness.
“First, you are directing him to be in custody after a year when he was released pursuant to the discharge order and then asking him to come for bail. High Court could not have at first instance stayed discharge order like this without disposing of the revision petition,”
-Justice Oka noted.
In response, the Supreme Court issued a notice regarding Wazir’s plea and placed a stay on the ongoing trial against him. Additionally, it stayed the November 4 order that required Wazir’s surrender.
The Supreme Court set the matter for the next hearing on January 21.
In the interim, it directed the Delhi High Court to address the State’s revision petition against Wazir’s discharge in strict accordance with the law.
Senior Advocate Siddharth Luthra represented Wazir during the proceedings.
CASE TITLE:
Sudarshan Singh Wazir v. State (NCT of Delhi).
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