Supreme Court Quashes Stay on Discharge of J&K Sikh Leader Sudershan Singh Wazir in Murder Case
New Delhi, Feb 28: In a significant ruling, the Supreme Court on Friday overturned a stay order that had stalled the discharge of Jammu and Kashmir politician Sudershan Singh Wazir in the 2021 murder case of National Conference leader Trilochan Singh Wazir.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan termed the stay on Wazir’s discharge as “very drastic” and observed that it effectively curtailed the liberty granted to the accused. The top court ruled that such a stay should only be imposed in rare and exceptional cases where the discharge order is “ex-facie perverse.”
“The impugned orders dated October 21, 2023, and November 4, 2024, are hereby quashed and set aside. The high court will decide the revision application without being influenced by any observations made in this judgment,” the bench stated in its ruling.
The court also granted the Delhi government and the complainant (the fifth respondent) the liberty to request the Delhi High Court to expedite the disposal of the pending revision application.
Sudershan Singh Wazir was arrested in February 2023 by the Delhi Police in connection with the murder of former NC MLC Trilochan Singh Wazir. Initially, a trial court discharged him of all charges on October 20, 2023, but the Delhi government challenged the verdict in the Delhi High Court, which swiftly issued an ex-parte stay order on October 21, 2023. Subsequently, on November 4, 2024, the high court directed Wazir to surrender before the trial court while granting him the liberty to apply for bail.
The Supreme Court, however, emphasized that such a stay should not have been granted without first hearing the accused. The ruling further pointed out that the stay allowed the sessions court to proceed with framing charges against Wazir, which the apex court deemed improper in this context.
While setting aside the stay, the Supreme Court directed Wazir to appear before the sessions court within four weeks and furnish bail until the revision application is resolved. The court also specified that:
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- If Wazir fails to comply, he will be immediately taken into custody and sent to judicial custody until the revision application is disposed of.
- The sessions court will impose standard bail conditions, including a directive for Wazir to cooperate in expediting the high court proceedings.
- If the high court finds that Wazir is not cooperating in the early disposal of the revision application, it will have the authority to cancel his bail after giving him an opportunity to be heard.
This Supreme Court verdict marks a critical turning point in the legal battle surrounding the high-profile murder case, where Wazir’s role has been under intense scrutiny. With the stay lifted, the focus now shifts to the Delhi High Court, which must decide on the pending revision application while ensuring that due process and fair trial principles are upheld.
