Nithari accused Koli to walk free; SC acquits him in last pending case

The Supreme Court on Tuesday acquitted Surendra Koli in one of the Nithari murder cases by allowing his curative petition challenging his conviction, paving the way for his release. Koli has already been acquitted in other Nithari killing cases.

A three-judge Bench of CJI BR Gavai, Justice Surya Kant and Justice Vikram Nath, which had on October 7 while reserving its verdict on Koli's curative petition, said his petition “deserves to be allowed”, acquitted him in the last remaining case against him.

“The petitioner is acquitted of the charges. He shall be released forthwith,” Justice Nath said, pronouncing the verdict on his curative petition.

The Bench recalled and set aside its judgment dated February 15, 2011 that upheld his conviction and the October 28, 2014 order which dismissed his review petition. It also set aside the Session Court’s February 13, 2009 and October 11, 2009 judgments in the case.

A judicially-devised mechanism in Rupa Ashok Hurra vs Ashok Hurra in 2002, curative petitions are considered to be the last hope for a litigant to get justice. Generally, a curative petition is not taken up in open court and is entertained on the ground of violation of principles of natural justice. It is heard by circulation among the members of the Bench. However, in exceptional cases, the top court can grant an open court hearing.

The gruesome killings came to light following the discovery of the skeletal remains of eight children from a drain behind Moninder Singh Pandher’s house at Nithari in Noida near Delhi on December 29, 2006. Further digging and searches of drains in the area around Pandher’s house led to more skeletal remains being found. Most of these remains were those of poor children and young women who had gone missing from the area. Within 10 days, the CBI took over the case and its search resulted in the recovery of more bones. There were 19 cases lodged against Pandher and Koli in 2007.

Koli was convicted of rape and murder of a 15-year-old girl at Nithari village in Noida. His conviction was upheld by the Supreme Court in February 2011. His review petition was dismissed in 2014.

In January 2015, the Allahabad High Court commuted his death sentence to life imprisonment on account of inordinate delay in deciding his mercy petition. In October 2023, the Allahabad High Court acquitted Koli and co-accused Moninder Singh Pandher in several other Nithari killings cases, reversing the death sentences awarded by the trial court in 2017. It acquitted Koli in 12 cases and Pandher in two.

On July 30 this year, the Supreme Court upheld the Allahabad High Court’s verdict acquitting Koli and Pandher, saying, “There is no perversity in the Allahabad High Court judgment.” Koli’s conviction was largely based on a statement and the recovery of a kitchen knife, raising questions about the sufficiency of evidence, the top court had noted during the hearing.