Shocking: Supreme Court on Delhi High Court order to stay discharge of murder accused

The Supreme Court on Monday expressed extreme displeasure over the Delhi High Court's decision to a discharge order passed by the trial court in a murder case [Sudarshan Singh Wazir v. State (NCT of Delhi].

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.

"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.

Therefore, the top court stayed the trial against Wazir and also stayed a subsequent High Court order asking him to surrender.

The Court was hearing a plea moved by former President of Jammu and Kashmir State Gurdwara Parbandhak Board Sudershan Singh Wazir whose discharge in the murder case was stayed by the High Court last year.

Wazir, a prominent Sikh leader, had been arrested by 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. The murder charges were framed against only one accused, Harmeet Singh.

Interestingly, on the very next day of the trial court decision, the State mentioned a revision petition against it before the High Court.

While issuing notice on State's plea, Justice Vikas Mahajan stayed the operation of the discharge order. 

Since Wazir had already been released after he was cleared of the charges, the Delhi Police later moved an application for his surrender. The same was allowed by Justice Anish Dayal on November 4.

During the hearing of Wazir's plea against the High Court order, Senior Advocate Sanjay Jain, who represented the Police, contended that he has been allowed by the High Court to apply for bail.

Justice Oka took an exception to the submission, saying

"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."

Accordingly, the top Court proceeded to issue notice on Wazir's plea and stayed the trial against him. The Court also stayed the November 4 order by which Wazir was asked to surrender before the police.

The matter will be heard next on January 21.

Meanwhile, the High Court has been directed to dispose of the State's revision petition against Wazir's discharge in accordance with law.

Senior Advocate Siddharth Luthra appeared for Wazir.

[Live Courtroom Exchange]