HC commutes Koli''s death sentence

Tribune News Service

Lucknow, January 28

Surendra Koli, main accused in the Nithari serial murders, received a major reprieve today when the Allahabad High Court converted his death sentence to life imprisonment. A division bench of Chief Justice comprising Chief Justice DY Chandrachud and Justice PKS Baghel held that execution of Koli's death sentence would be "unconstitutional in view of the inordinate delay" in deciding his mercy petition.

The order came on a PIL filed by People's Union for Democratic Rights (PUDR). The petition had pleaded that a period of "three years and three months" was taken to decide Koli’s mercy petition. As such the execution of his death sentence would be in violation of the Right to Life granted in Article 21 of the Constitution, the petition pleaded. This specific case in which Koli had been convicted was for the murder of an eight-year old girl Rachna and four other children. A dozen more cases involving murder, rape and cannibalism of children are still pending against him.

Today’s order virtually gives a second life to Koli as the Supreme Court had rejected his recall application in October 2014. The PUDR PIL was filed three days later. Koli also filed a petition challenging his death sentence on the same grounds as stated in the PUDR PIL.