Institute of Legal and Management Studies

The Supreme Court on Tuesday set aside the conviction of Surendra Koli in the last remaining case related to Nithari killings.

A bench of Chief Justice BR Gavai, Justice Surya Kant and Justice Vikram Nath allowed the curative petition filed by Koli against the 2011 judgment of the Supreme Court, which had confirmed his conviction in one of the cases. Koli sought curative on the basis of his subsequent acquittal in twelve other cases.

Justice Nath, who pronounced the order, stated that Koli is acquitted of the charges.

The judgment dated 15.02.2011 of the Supreme Court, which upheld his conviction, and the order dated 28.10.2014, which dismissed his review, were recalled and set aside. Allowing Koli's criminal appeal, the Court set aside the judgment dated 13.02.2009 of the Sessions Court and the judgment dated 11.10.2009 were set aside. Koli was directed to be released forthwith if not wanted in any other case.

Surendra Koli's curative petition before the Supreme Court challenges his conviction in one of the Nithari killings cases, arguing that the same evidence used to convict him was later found unreliable in the other cases where he has since been acquitted.

While reserving verdict on the curative plea, the bench had remarked that an anomalous situation will arise if the conviction is maintained, as he was acquitted in the remaining cases although the evidence in all of them were the same.

This is the last remaining conviction against him after the Supreme Court in July this year dismissed 14 appeals against the Allahabad High Court judgment acquitting him and co-accused Moninder Singh Pandher in other Nithari killings cases.

Background

The Nithari killings came to light in December 2006, when skeletal remains of several children and women were found in a drain behind the house of businessman Moninder Singh Pandher in Noida's Nithari area. Surendra Koli, who worked as a domestic help in Pandher's household, was arrested soon after.

The Central Bureau of Investigation later took over the probe and registered 16 cases, charge-sheeting Koli in all of them for murder, abduction, rape, and destruction of evidence. Pandher was initially charge-sheeted in one case related to immoral trafficking, but a Ghaziabad court later summoned him in five more cases on petitions filed by victims' families.

CBI alleged that Koli murdered several girls, dismembered their bodies, and disposed of the remains in the backyard of Pandher's house. Nineteen sets of remains were reportedly recovered from the premises. The agency's case relied mainly on Koli's confession under Section 164 of the CrPC, recorded after about 60 days in custody, and recoveries made under Section 27 of the Indian Evidence Act.

Between 2009 and 2017, Koli was convicted and sentenced to death in 12 cases, while Pandher was convicted in two. In 2011, the Supreme Court upheld Koli's conviction and death sentence in one of the cases. In 2015, the Allahabad High Court commuted that sentence to life imprisonment citing “inordinate delay” in deciding his mercy plea.

In October 2023, the Allahabad High Court acquitted both Koli and Pandher in the remaining Nithari cases, holding that the prosecution failed to prove guilt beyond reasonable doubt and criticising the CBI's investigation as “botched up.” The High Court also noted that the possibility of organ trade being the motive for the killings was not investigated, even though a resident of a nearby house had earlier been arrested in connection with a kidney scam.

The CBI and families of the victims filed 14 appeals before the Supreme Court challenging the High Court's acquittal. The Supreme Court dismissed all 14 appeals, thereby upholding the High Court's acquittal of both accused.

During the hearing, Justice Gavai observed that the area behind Pandher's house, from where the remains were recovered, was not exclusively accessible by the accused. He remarked, “The law is that it has to be recovered from the place exclusively known to the accused alone and accessible by the accused alone.” He also commended the High Court judges for “withstanding media pressure” and described the trial court proceedings as having been influenced by a “media trial.”

While Pandher now stands acquitted in all cases, Koli continues to remain in prison because his 2011 conviction and life sentence in one case still stand. The present curative petition challenges that conviction, contending that it rests on the same evidence which has since been found unreliable in all the other Nithari cases.

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