SC acquits Surendra Koli, convicted in Nithari serial killings case
What's the story
The Supreme Court has acquitted Surendra Koli in the murder and rape case related to the Nithari killings of 2005-2006 in Noida, Bar and Bench reported. The court allowed Koli's curative (final) plea against his conviction. The Supreme Court had upheld Koli's conviction in February 2011 for the murder of a 15-year-old girl. However, after being cleared by the Allahabad High Court in the remaining 12 cases against him, he filed a curative appeal with the Supreme Court this year.
Legal argument
Conviction would create 'anomalous situation': SC
Koli's curative petition had argued that the same evidence used to convict him in one case was later found unreliable in other cases where he was acquitted. The bench of Chief Justice BR Gavai, Justice Surya Kant and Justice Vikram Nath noted that maintaining his conviction would create an "anomalous situation," given his acquittal in other cases. This is the last remaining conviction against Koli after the Supreme Court dismissed 14 appeals against earlier acquittals by the Allahabad High Court.
Case background
Nithari killings
The Nithari killings came to light in December 2006 when skeletal remains of children and women were found behind businessman Moninder Singh Pandher's house in Noida. Koli, a domestic help at Pandher's home, was arrested soon after. The Central Bureau of Investigation (CBI) took over the case and charged Koli with murder, abduction, rape and destruction of evidence.
Investigation details
Death sentences in multiple cases
The CBI's case against Koli relied heavily on his confession under Section 164 of the CrPC, recorded after about 60 days in custody. Nineteen sets of remains were reportedly recovered from Pandher's premises. Between 2009 and 2017, Koli was convicted and sentenced to death in 12 cases, while Pandher was convicted in two.
High court ruling
Acquittals in October 2023
In 2015, the Allahabad High Court commuted Koli's death sentence to life imprisonment due to "inordinate delay" in deciding his mercy plea. In October 2023, the Allahabad High Court acquitted both Koli and Pandher in the remaining cases, criticizing the CBI's investigation as "botched up" and noting that organ trade as a motive wasn't investigated. The CBI and families of the victims then appealed against the acquittals, but the Supreme Court dismissed all 14 appeals in July.