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The Supreme Court of India on November 11, 2024, expressed profound surprise at a recent order issued by the Delhi High Court, which stayed a discharge order in a murder case against Sikh leader Sudershan Singh Wazir. The apex court questioned the rationale behind the High Court's decision, highlighting the unusual nature of staying a discharge order. Justice Abhay S Oka of the Supreme Court bench, alongside Justice Augustine George Masih, remarked that staying such an order was “completely unheard of” and raised concerns about the implications for trial proceedings.
The crux of the issue lies in the Delhi High Court's decision to stay the discharge order granted to Wazir by the trial court in October 2023. The High Court’s order effectively reversed the trial court's decision and placed Wazir back under the purview of the case, despite the initial discharge. This decision sparked the Supreme Court's scrutiny, questioning the logic behind halting a process that had already resulted in the discharge of an accused.
The Supreme Court, in response to Wazir's plea, stayed the High Court's order directing him to surrender, effectively preventing further action against him until the Supreme Court reaches a final decision. The court also halted all trial proceedings related to the murder case, emphasizing the need for a clear legal framework regarding the staying of discharge orders. The Supreme Court has scheduled a hearing on January 28, 2025, to further examine the case and potentially establish legal precedent on this matter.
The case involves allegations against Wazir, the former President of the Jammu and Kashmir State Gurdwara Parbandhak Board, in connection with the murder of former National Conference MLC Trilochan Singh Wazir. While the trial court had initially discharged Wazir and several co-accused, the High Court reversed this decision following an appeal by the prosecution. The prosecution argued that Wazir's release was a direct consequence of the discharged order and should be nullified due to the stay on the discharge order.
The High Court, in granting the prosecution's request, concluded that Wazir's release was invalid due to the stay and that he could not continue to benefit from a discharged order that was under appellate scrutiny. Despite the High Court's decision, Wazir maintains that he should not be compelled to surrender, arguing that the High Court's stay on the discharge order is procedurally flawed and sets a dangerous precedent.
Source: 'How Can Discharge Order Be Stayed?': Supreme Court Expresses Surprise At HC Order