SC Blocks Wazir’s Surrender, Questions Delhi HC’s Unprecedented Discharge Stay in Murder Case

On Monday, November 11, the Supreme Court of India issued a stay on a Delhi High Court order that directed Sikh leader Sudershan Singh Wazir to surrender in a high-profile murder case. This development follows a legal dispute over the discharge order issued by a trial court in favor of Wazir, which was subsequently stayed by the Delhi High Court.

Supreme Court Critiques High Court's Discharge Stay

• A bench led by Justice Abhay S Oka and Justice Augustine George Masih halted the surrender order and stayed the progression of trial proceedings against Wazir pending further notice.
• During the hearing, Justice Oka raised concerns over the Delhi High Court’s decision to stay Wazir's discharge. Observing the irregularity, he questioned, “How can an order of discharge be stayed? Staying an order of discharge is completely unheard of.”

Prosecution's Stance and Court’s Response

• Senior Advocate Sanjay Jain, representing the Delhi government, informed the Court that the High Court allowed Wazir to apply for bail even as it stayed the discharge.
• Reacting to this, Justice Oka remarked critically, “On one hand, you will say you surrender; on the other hand, say alright you come here to apply for bail. What is this going on?”
• Justice Oka emphasized the implications of staying a discharge order, noting, “If the Court starts staying the order of discharge, then the trial will proceed. How can this happen? How can discharge order be stayed at all? We will have to set down the law.”

Notice Issued for January Hearing

• The Supreme Court has issued a notice returnable on January 28, 2025, scheduling Wazir’s case among the first five for hearing on that date.
• The Court’s decision highlights the legal complexities in the case of Sudershan Singh Wazir, who previously served as President of the Jammu and Kashmir State Gurdwara Parbandhak Board.

Background: Allegations and High Court's Involvement

• Wazir faces allegations linked to the September 2021 murder of Trilochan Singh Wazir, a former National Conference MLC.
• The controversy intensified after Justice Anish Dayal of the Delhi High Court ordered a stay on the discharge issued by the trial court, siding with a prosecution application requesting the stay.
• On October 26, 2023, the trial court had discharged Sudershan Singh Wazir along with Balbir Singh, Harpreet Singh Khalsa, and Rajinder Chaudhary. Murder charges were retained against another accused, Harmeet Singh.

Surrender Order and High Court’s Justification

• After the trial court’s discharge, the prosecution appealed to the High Court, which then stayed the discharge order, directing Wazir to surrender.
• At the time, three of the discharged individuals were already in judicial custody, while Wazir had been released on October 20, 2022.
• Following the stay, the prosecution filed an application to enforce Wazir's surrender, asserting that his release was a direct result of the now-stayed discharge order.

High Court’s Rationale for Surrender

• The Delhi High Court upheld the prosecution’s view, arguing that the discharge stay effectively invalidated Wazir’s release and that he could not continue to benefit from an order now under appellate review.
• The High Court stated that without bringing Wazir back into custody, the stay on the discharge would be rendered “ineffective, of no consequence, and bereft of any teeth.”
• The High Court clarified that Wazir is not barred from seeking bail from the trial court, emphasizing that his bail application would be considered on its own merits.

Case Title: Sudershan Singh Wazir v. State (NCT of Delhi) and Ors., Diary No. 51306-2024