Institute of Legal and Management Studies

In a stinging indictment of the police investigation into the Nithari killings, the Supreme Court on Tuesday said that negligence, procedural lapses, and delay had “corroded the fact-finding process” and foreclosed avenues that might have led to the real perpetrator. The Court expressed “deep regret” that despite a prolonged probe, the actual identity of the offender had not been established in a manner that met legal standards.

Delivering its judgment setting aside Surendra Koli's last remaining conviction, the bench comprising Chief Justice of India BR Gavai, Justice Surya Kant and Justice Vikram Nath observed that the criminal justice system cannot convict a person on the basis of conjecture or suspicion, however grave the crime may be.

“The offences in Nithari were heinous, and the suffering of the families is beyond measure,” the Court said. “It is a matter of deep regret that despite prolonged investigation, the identity of the actual perpetrator has not been established in a manner that meets the legal standards. Criminal law does not permit conviction on conjecture or on a hunch. Suspicion, however grave, cannot replace proof beyond reasonable doubt.”

Reiterating that courts cannot sacrifice legality for expediency, the bench added, “The presumption of innocence endures until guilt is proved through admissible and reliable evidence, and when the proof fails, the only lawful outcome is to set aside the conviction even in a case involving horrific crimes.”

'Negligence And Delay Corroded The Fact-Finding Process'

The judgment authored by Justice Nath expressed regret over the failure of the investigative machinery to preserve crucial evidence and follow proper procedure. “When investigations are timely, professional and constitutionally compliant, even the most difficult mysteries can be solved and many crimes can be prevented by early intervention.It is, therefore, genuinely unfortunate that in the present matter negligence and delay corroded the fact-finding process and foreclosed avenues that might have identified the true offender,” the bench observed.

The Court listed a series of investigative failures that undermined the credibility of the prosecution's case. It noted that the crime scene was not secured before excavation began, the alleged disclosure statement was not recorded contemporaneously, and the remand papers carried contradictory versions of events.

The Court also highlighted that the petitioner was kept in prolonged police custody without a timely, court-directed medical examination, in violation of procedural safeguards meant to protect an accused from coercion.

Forensic And Evidentiary Lapses

The judgment underscored that crucial scientific opportunities were lost because the post-mortem material and other forensic evidence were not promptly or properly preserved. Searches of the house at D-5 in Nithari, where the crimes allegedly occurred, yielded no incriminating traces that could be forensically linked to the alleged events.

“The investigation did not adequately examine obvious witnesses from the household and neighbourhood and did not pursue material leads, including the organ-trade angle flagged by a governmental committee,” the Court said.

According to the bench, each of these lapses “weakened the provenance and reliability of the evidence and narrowed the path to the truth.”

Holding that the case exemplified the dangers of investigative and procedural failures in criminal trials, the Court allowed the curative petition filed by Koli and set aside his conviction.

The bench said it continued to have “abiding faith in the capacity of police and investigative agencies” but cautioned that adherence to constitutional safeguards was vital to prevent miscarriages of justice.

The Court concluded, “When proof fails, the only lawful outcome is to set aside the conviction even in a case involving horrific crimes.”

The Nithari killings, which came to light in 2006, involved the discovery of human remains near a house in Noida's Sector 31, exposing one of the most gruesome crime stories in recent Indian history. The investigation led to the arrest of businessman Moninder Singh Pandher and his domestic help Surendra Koli, who were accused of abducting, sexually assaulting, and murdering several children and women.

Koli was convicted and sentenced to death in one of the cases in 2011, a verdict that was later affirmed by the Supreme Court. However, in 2023, the Allahabad High Court acquitted both Pandher and Koli in twelve other Nithari cases, holding that the prosecution evidence was unreliable. The Supreme Court, in July 2025, dismissed the State's appeals against those acquittals.

Following that, Koli filed a curative petition against the 2011 Supreme Court judgemnt which affirmed his conviction in the other case. Today, the Supreme Court allowed the curative petition noting that the evidence in all the cases was identical.

Appearances :

For Koli : Dr. Yug Mohit Chaudhary, Mr. Siddhartha Sharma, Ms. Payoshi Roy, Mr. Prabu Ramasubramaniyan, Adv. Mr. Bharathimohan M, Advocates with Mr. Sai Vinod, AOR

For CBI - Raja Thakare, ASG

Case no. – Diary No. 49297-2025

Case Title – Surendra Koli v. State of UP

Citation : 2025 LiveLaw (SC) 1091

Click here to read the judgment