New Delhi: The Supreme Court on Friday set aside an order staying the discharge of Jammu and Kashmir politician Sudershan Singh Wazir in the murder case of National Conference leader Trilochan Singh Wazir in 2021.
A bench of Justices Abhay S Oka and Ujjal Bhuyan said the stay on the discharge was “very drastic” and had the effect of curtailing or taking away the liberty granted to the accused.
“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. It will be open for the first respondent-NCT of Delhi, and the fifth respondent to apply before the high court for giving necessary priority to the disposal of the revision application,” the bench said.
The top court said a revisional court could only stay the discharge order in rare and exceptional cases where such an order “ex-facie perverse”.
Wazir was arrested by Delhi Police in February 2023 in connection with the murder of the former National Conference MLC.
The court said the stay on the discharge allowed the sessions court to proceed and frame charges against the accused and try him.
A trial court discharged Wazir on October 20, 2023 of all offences but the Delhi government challenged the order in high court, which on October 21 stayed the reprieve in an ex-parte order.
The Delhi High Court on November 4, 2024, directed Wazir to surrender before the trial court and granted him liberty to apply for bail subsequently.
The top court pointed out a stay on discharge order should be passed only after giving an opportunity to the accused of being heard.
“We direct the appellant to appear before the sessions court within four weeks from today and furnish bail effective till disposal of the revision application on such terms and conditions as may be fixed by the sessions court,” it said.
The apex court went on, “If the appellant fails to comply with the above directions, he shall be forthwith taken into custody and sent to judicial custody till the disposal of the revision application.”
The sessions court was ordered to impose the usual conditions.
“In addition, a condition of cooperating with the high court for early disposal of the revision application shall be also imposed. If the high court finds that the appellant is not cooperating with the early disposal of the revision application, it will be open for the high court to cancel the bail after hearing the appellant,” it added.
