Delhi HC stays sessions court’s order dischargingS S Wazir, 2 others from killing ex-MLC
STATE TIMES NEWS
NEW DELHI: The High Court of Delhi on Saturday stayed the order of Sessions Court wherein the accused and Sudershan Singh Wazir, Balbir Singh alias Billa, Rajinder Chaudhary alias Ganja were discharged from all the offences in the murder case of Ex-MLC Tarlochan Singh Wazir.
The Delhi High Court stated that at the stage of framing of charge or discharge, the Trial Court was only expected to find from the material on record whether or not there is a sufficient ground for proceeding against the accused and not to consider whether there is sufficient ground for conviction of the accused, or whether the trial is sure to end in conviction.
“It prima facie appears that the Trial Court has overlooked evidence in the form of CCTV footage and CDRs and has undertaken the exercise of finding out probative and evidentiary value of the evidence on record, which is not permissible,” stated the Delhi High Court order, adding “the offence for which the respondents/accused were charge sheeted is serious and the matter requires consideration.”
In view of the above and having regard to the submissions made by the senior counsel, which prima facie appear to have substance, the operation of the impugned order is stayed, till the next date of hearing that is December 13, 2023, the Delhi High Court ordered.
Earlier, on Friday, the court of Additional Sessions Judge West/ THC/ Delhi had discharged Sudershan Singh Wazir and two others from the murder of a prominent Sikh leader Tarlochan Singh Wazir.
However, the sessions court had ruled that the accused Harmeet Singh will be liable to be charged for the offence under Section 302 IPC (murder).
Accused Harpreet Singh Khalsa was liable to be charged for the offence under Section 201 IPC and 174 A IPC. He too stands discharged from offence under Section 302 read with 120 B IPC, the sessions court had said.
The case was now for framing of charge against accused Harmeet Singh and Harpreet Singh Khalsa, the sessions court order stated.
Sudarshan Singh Wazir was arrested in February this year in the high-profile murder case of the former legislator Tarlochan Singh Wazir.
The Crime Branch Cell of Delhi Police arrested Sudarshan Singh Wazir, 67, who is also chairman of Jammu and Kashmir Sikh United Front, and his two associates Harjinder Singh Raina, 71, and Jagpal Singh, 51, for their involvement in Tarlochan Singh Wazir murder case.
Tarlochan Singh Wazir, was a prominent Sikh leader, former MLC, and a senior National Conference leader from Jammu. He was found dead in Delhi’s Moti Nagar area under mysterious circumstances on September 9, 2021.
Wazir was a prominent leader from Jammu and he regularly raised issues faced by the Sikh community. As president of the J&K Transporters’ Association, he also fought for their rights. He was also active in different social and religious organizations. He remained president of the J&K State Gurdwara Parbandhak Board.
Wazir’s body was found in a decomposed state in the bathroom of the flat which was locked from the outside. Trilochan Singh was also shot in the head. A case was registered at Moti Nagar Police Station in Delhi.
Later, the investigation of the case was handed over to the Crime Branch by the Commissioner of Delhi Police. Based on footage from CCTV cameras and surveillance, the police had arrested three more accused Rajendra Chaudhary (33), resident of Village Gagor, Police Station Vijaipur District Samba Jammu, Balbir Singh alias Billa (67), resident of Preet Nagar Jammu and Harmeet Singh (61), a resident of Jammu, was arrested.
