Supreme Court acquits Surendra Koli in final Nithari case

The court had, on October 7, indicated that such a result would amount to a “travesty of justice,” before reserving its verdict on Koli’s curative petition-- his last judicial remedy

The Supreme Court on Tuesday acquitted Nithari killings convict Surendra Koli in the sole case in which his conviction and life sentence still stood, holding that the 2011 verdict could not be sustained when he has already been acquitted in 12 other connected cases arising from the same set of facts and evidence.

The judgment brings to a close nearly two decades of litigation in one of the most disturbing criminal cases. (PTI file photo)

A bench of Chief Justice of India Bhushan R Gavai and justices Surya Kant and Vikram Nath said that maintaining Koli’s conviction in just one case, after the top court itself had set aside his conviction in all other cases based on identical material, would be anomalous and unjust.

“The petitioner be released forthwith, if not wanted in any other case. The jail superintendent is to be informed of this judgment immediately” said Jutstice Nath, delivering the verdict for the bench.

The court had, on October 7, indicated that such a result would amount to a “travesty of justice,” before reserving its verdict on Koli’s curative petition-- his last judicial remedy. Koli was represented in the court through senior counsel Yug Mohit Chaudhary and advocate Payoshi Roy.

Allowing the petition on Tuesday, the bench noted that the surviving conviction rested solely on Koli’s purported confession and the recovery of a kitchen knife from a lane behind his residence-- the same evidence that formed the basis for his acquittal across the 12 other cases.

The judgment brings to a close nearly two decades of litigation in one of the most disturbing criminal cases to reach the country’s criminal justice system. It also marks a rare instance of the Supreme Court overturning its own earlier decision through the extraordinary curative jurisdiction. A curative petition, typically heard in chambers, is considered only in exceptional circumstances, such as denial of a fair hearing, judicial bias, or manifest abuse of the court’s process resulting in grave injustice.

During the October hearing, the bench had reminded Additional Solicitor General Raja Thakare, appearing for the CBI, of the State’s duty to assist the court fairly. “As a solicitor, we expect you to be an officer of the court,” the CJI had remarked when Thakare sought to distinguish the pending case on factual nuances.

The Supreme Court had, in July, affirmed Koli’s acquittal in 12 of the 13 cases linked to the Nithari killings, citing grave procedural lapses, unreliable evidence, and faulty recoveries unsupported by a valid disclosure statement under Section 27 of the Evidence Act. CBI’s appeals against the Allahabad High Court’s 2023 judgments were dismissed then.

Koli’s curative petition concerned the only case in which his conviction and death sentence had been affirmed by the Supreme Court in 2011. The Allahabad High Court commuted that sentence to life imprisonment in 2015 on the ground of undue delay in the disposal of his mercy petition. Tuesday’s judgment now erases even this last conviction.

The Nithari killings, which came to light in 2007, shocked the country after skeletal remains of several children were recovered from a drain behind the Noida home of businessman Moninder Singh Pandher, where Koli worked as a domestic aide. Koli and Pandher were arrested after the revelations triggered nationwide outrage.

CBI, which later took over the probe, alleged that Koli lured girls to the house, sexually assaulted, and murdered them, even accusing him of cannibalism. Between 2005 and 2007, 16 cases of rape and murder were registered; trial courts convicted Koli in 13, and Pandher in two.

Over time, higher courts overturned these convictions. The Allahabad High Court, in October 2023, acquitted Koli in 12 cases, raising doubts over the investigation and even hinting at the possibility of an unexplored organ trade angle. The CBI’s appeals were dismissed by the Supreme Court on July 30, when it ruled that the prosecution had failed to prove guilt beyond reasonable doubt.

While acquitting him, the top court observed that the recovery of weapons and other materials during the investigation was not supported by a valid statement under Section 27 of the Evidence Act, which governs the admissibility of such evidence.

Koli was sentenced to death in February 2011 when the Supreme Court upheld his conviction in one of the cases. However, the Allahabad High Court commuted his sentence to life imprisonment in 2015, citing prolonged delay in deciding his mercy plea.