New Delhi, February 28: The Supreme Court on Friday nullified the order that had stayed 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 deemed the stay on the discharge as "very drastic," stating that it curtailed or revoked the liberty granted to the accused.
The top court clarified that a revisional court should only stay a discharge order in rare and exceptional cases where the order is "ex-facie perverse."
Background of the Case
Sudershan Singh Wazir was arrested by Delhi Police in February 2023 in connection with the murder of former National Conference MLC Trilochan Singh Wazir. A trial court had discharged Wazir of all offences on October 20, 2023, but the Delhi government challenged this order in the High Court, which issued an ex-parte stay on October 21, 2023.Further, on November 4, 2024, the Delhi High Court directed Wazir to surrender before the trial court and granted him the liberty to apply for bail thereafter.
The Supreme Court underscored that a stay on a discharge order should only be passed after affording the accused an opportunity to be heard.
Next Steps and Court Directives
The apex court directed Wazir to appear before the sessions court within four weeks and furnish bail, which would remain effective until the disposal of the revision application."If the appellant fails to comply with the above directions, he shall be taken into custody and sent to judicial custody till the disposal of the revision application," the court ordered.
Additionally, the sessions court was instructed to impose the usual conditions along with a requirement for Wazir to cooperate with the High Court for an early resolution of the revision application. Should the High Court find non-cooperation, it retains the authority to cancel Wazir’s bail after affording him a hearing.
This ruling marks a significant development in the high-profile murder case, with the legal battle now shifting to the High Court for further deliberation.
