Shocking: Supreme Court on Delhi High Court staying discharge of J&K Sikh leader in murder case

Shocked at the Delhi High Court’s order staying a trial court’s order discharging Sudershan Singh Wazir, a prominent Sikh leader from J&K, in a murder case, the Supreme Court has directed that the trial proceedings against the accused would not proceed until further order.

“How can an order of discharge be stayed? It is completely unheard of. If the court will start staying the order of discharge, then the trial will proceed. How can this happen? We will have to lay down the law in view of the manner in which the power is exercised by the high court,” a Bench led by Justice AS Oka said.

The Bench, including Justice AG Masih, stayed the HC order requiring Sudershan, who was J&K Sikh United Front chairman, to surrender. It also stayed the trial proceedings against him.

Sudershan was arrested by the Delhi Police in February 2023 in connection with the murder of former NC leader and former chairman of the J&K Gurdwara Parbandhak Committee Trilochan Singh Wazir in September 2021.

Sudershan and two others were discharged by the trial court on October 20, 2023, while murder charges were framed against accused Harmeet Singh. However, the Delhi High Court had asked him to surrender, noting that he could not avail the benefit of the discharge order.

“In the peculiar circumstances of the case, when the state was admittedly, not aware, that before the revision was listed before this court, respondent No. 4 had already been given bail, the state could not be precluded from filing application under Section 390, CrPC, subsequently. Firstly, the provision itself does not provide any limitation to such a plea being made; secondly, the essence of Section 390, CrPC, power is the exercise of discretion by the HC co commit an accused back to prison,” the high court had said.

Justice Oka, however, said it was unheard of. As senior counsel Sanjay Jain, representing the Delhi Government submitted, that the HC had allowed accused Sudershan to apply for bail, the Bench said, “If the HC stays the order of discharge, then the trial will proceed. How can this happen?”