The apex court allowed Koli’s curative petition, setting aside his previous conviction in the rape and murder of a 15-year-old girl. With this ruling, Koli, who had been sentenced to death in 10 cases, is now to be released immediately.
Background of the Nithari Killings Case
The Nithari murders came to light in December 2006 when skeletal remains of eight children were found in a drain behind businessman Moninder Singh Pandher’s house in Nithari village, Noida. Surendra Koli, Pandher’s domestic helper, was accused of multiple murders, kidnappings, rapes, and destruction of evidence. Over 50 hearings and multiple judgments transpired in this long-running case.
Legal Journey of Surendra Koli
In February 2011, the Supreme Court had upheld Koli’s conviction and death sentence in the rape and murder case of the teenage girl. Following acquittals in 12 other cases by the Allahabad High Court in 2023, Koli filed a curative petition this year against his remaining conviction. The Supreme Court bench comprising Chief Justice BR Gavai, Justice Surya Kant, and Justice Vikram Nath quashed the conviction and ordered Koli’s immediate release.
Key Court Observations
The Supreme Court noted that Koli’s conviction in the last case was primarily based on a singular statement and the recovery of a kitchen knife, creating an anomalous situation given his acquittals in the rest of the cases. This judgment ends nearly two decades of litigation and closes a significant chapter in India’s legal and social history.
Lawyer’s Standpoint
Koli’s lawyer, Yug Mohit Chaudhary, asserted that Koli was framed to protect more powerful individuals involved. He highlighted that Koli had been acquitted in 12 out of 13 cases, with the last judgment finally reversing the earlier convictions.
Significance of Curative Petition
A curative petition is the highest and final judicial remedy, granted only in rare and exceptional cases. Koli’s acquittal through this route may set a precedent in India regarding justice in lengthy trials and the mercy petition process.
This landmark Supreme Court ruling effectively frees Surendra Koli after 19 years of incarceration, marking the conclusion of one of India’s most disturbing and scrutinized criminal cases.
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