Nithari killings: Supreme Court says Surendra Koli's curative plea against conviction in last pending case deserves to be allowed

The Supreme Court on Tuesday reserved its decision on a curative petition filed by Surendra Koli against his conviction in a murder and rape case related to the Nithari killings of 2005-2006 in Noida.

Koli's conviction was upheld by the top court in February 2011 for the killing of a 15-year-old girl. However, he moved the top court again with a curative petition this year after he was acquitted by Allahabad High Court in rest of the 12 cases against him.

The Bench of Chief Justice of India (CJI) BR Gavai, Justice Surya Kant and Justice Vikram Nath today briefly heard the curative plea in open court and observed that it deserved to be allowed.

The Court remarked that conviction was merely based on a statement and recovery of kitchen knife. It also said that anomalous situation has arisen due to the acquittal in rest of the cases.

"This matter deserves to be allowed in a minute," CJI Gavai said, as the Court reserved its verdict.

On a lighter note, CJI Gavai told Additional Solicitor General (ASG) Rajkumar Bhaskar Thakare,

"Mr Thakare, as a solicitor I expect you to be an officer of the court. I have a very good impression of you in Bombay. Let Delhi pollution not pollute you."

Nithari murders took place between 2005 and 2006. The case came to public attention in December 2006 when skeletons were discovered in a drain near a house in Nithari village, Noida. Subsequently, it was revealed that Moninder Singh Pandher was the owner of the house and Koli was his domestic help.

The Central Bureau of Investigation (CBI) took up the investigation in the matter and eventually filed multiple cases. Surendra Koli was made an accused in all of the cases on various charges including murder, abduction, rape and destruction of evidence, while Moninder Singh Pandher was charged in one case related to immoral trafficking.

Koli was eventually convicted of committing multiple rapes and murders of various girls and was sentenced to death in more than ten cases.

In 2009, the Allahabad High Court in the present case held Koli guilty but acquitted Pandher due to lack of evidence for the murder and rape of a victim, a 15-year-old girl. An appeal by Koli against this judgment was dismissed by the Supreme Court in 2011. A review plea by Koli was also later dismissed by the Supreme Court in 2014.

However, High Court, on January 28, 2015 commuted the sentence to life imprisonment on account of an inordinate delay in deciding on Koli's mercy petition.

In other cases, the Allahabad High Court in October 2023 acquitted Pandher and Koli, overturning the death sentences imposed by the trial court in 2017. The High Court acquitted Koli in 12 cases and Pandher in 2, in which both had previously been found guilty of murder and sentenced to death.

This prompted the CBI and the victims' families to file a total of 14 appeals before the Supreme Court challenging the High Court's decision. The top court dismissed the appeals on July 31. In case Koli is acquitted in the killing of the 15-year-old, he would be a free man.