Delhi High Court Orders Surrender of Sikh Leader in Former MLC Trilochan Wazir’s Murder Case

The Delhi High Court on Monday ordered the extradition of Sikh leader and former Chairman of Jammu and Kashmir State Gurdwara Parbandhak Board Sudershan Singh Wazir in the September 2021 murder case of former National Conference MLC Trilochan Singh Wazir.

Judge Anish Dayal The application made by the prosecution to surrender Sudershan Singh Wazir, who was released in October last year, was allowed.

Sudershan Singh Wazir along with his other accomplice Balbir Singh, Harpreet Singh Khalsa and Rajinder Chaudhary were released on all charges on October 26, 2023. The accused Harmeet Singh was charged with murder.

Following the objection of the prosecution, the execution of the disputed decision was stopped the next day. While Harpreet Singh Khalsa, Rajender Chaudhary and Balbir Singh were still in judicial custody when the arrest warrant was issued, Sudershan Singh Wazir had already been released on the night of October 20 last year.

The State subsequently filed an application arguing that, due to unilateral interim orders given on the date of the first hearing, the case was reverted to the state it was in before the impugned decision was given by the Supreme Court.

Sudershan Singh Wazir has reportedly been released while the accused Harpreet Singh Khalsa, Rajender Chaudhary and Balbir Singh are still in judicial custody. Accordingly, instructions were sought for him to surrender.

“It was underlined that the release of Defendant 4 was a direct result of the controversial release decision of the Supreme Court. “Staying the operation of the court order by this Court renders the eviction itself invalid,” he said.

He added that Sudershan Singh Wazir had to be taken into custody and could not benefit from the evacuation order, whose operation was stopped.

“Failure to secure custody of respondent No. 4 will mean that the restraining order passed by this Court will be ineffective, fruitless and toothless. The court cannot approve this. “Therefore, in view of the stay order dated October 21, 2023 passed by this Court, it would be illegal, null and void for the defendant No. 4 to continue to enjoy the benefits of the impugned order of dismissal,” it said.

Judge Dayal also said that the situation in the appeal was not similar to the acquittal decision.

Two opinions are possible, the opinion of the Supreme Court should not be disturbed.

“However, once an appeal has been lodged, the powers of the Court of Appeal come into play;

The Court of Appeals shall decide to secure the defendant’s presence by requiring the defendant to post a surety bond and surety, or by otherwise exercising its powers.

Under Section 390 Cr.PC,” the court said.

He said Sudershan Singh Wazir was not prevented from seeking bail before the Trial Court, which would be considered on its own merits in accordance with law.

Senior Advocate Sanjay Jain, APPs Aman Usman and Laksh Khanna, SPP Akhand Pratap Singh along with Advocates Nishank Tripathi and Samridhi appeared on behalf of the State.

Senior Advocate Siddharth Aggrwal along with Advocates Arjun Dewan and Harsh Yadav appeared before the complainant.

Senior Advocate Vikas Pahwa appeared for R-2 and R-3 along with Advocates Ajay Mahia, Nancy Shamim and Garvil Singh.

Senior Advocate Mohit Mathur with Advocates Rajiv Mohan, Mr. Sumit Mishra and Mr. Nishant Madan, Mr. Swapnil Krishna Tripathi, Ms. Nitika Pancholi, Proponents of R-4.

Title: STATE (NCT OF DELHI) ​​- HARPREET SINGH KHALSA & ORS.

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