Nithari killings: No sanctity to word 'peremptorily', says anguished SC

New Delhi: There is no sanctity to the word "peremptorily", an anguished Supreme Court said on Thursday after the CBI and the Uttar Pradesh government sought time to argue their appeals challenging the acquittal of Surendra Koli in the 2006 Nithari serial killings case.

A bench of Justices B R Gavai and Augustine George Masih noted that in its last order passed on March 25, the apex court had said, "Peremptorily, list these matters on April 3 (high up on the board)."

As the matter came up for hearing, the counsel appearing for one of the victims' father, who has challenged Koli's acquittal, said they needed some time to argue the case.

"You should have made that request on the earlier date when the matter was fixed. It is causing inconvenience to counsel coming from outstation," Justice Gavai said.

Koli's counsel said the only evidence against him was a confessional statement made after 60 days of police custody in which he was tortured.

He said the Allahabad High Court's decision acquitting Koli on October 16, 2023 referred to a systematic organ trade.

The bench expressed its displeasure and said though nine senior lawyers had appeared in the matter on the last date for the petitioners, not even one was ready to argue today.

"It cuts a very sorry picture on the CBI," it said.

Justice Gavai said, "There is no sanctity to the word peremptorily."

The bench posted the matter for hearing on April 29.

The apex court had last year agreed to examine separate pleas, including those filed by the CBI and the Uttar Pradesh government, challenging the high court's decision acquitting Koli .

One of the pleas in the top court was filed by the father of one of the victims challenging the high court's verdict.

Moninder Singh Pandher and his domestic help Koli were accused of rape and murder of people, mostly children from their neighbourhood in Nithari in Uttar Pradesh.

Koli was awarded death penalty on September 28, 2010 by the trial court.

The high court acquitted Pandher and Koli in the death penalty case and said the prosecution had failed to prove their guilt "beyond reasonable doubt" and called it a "botched up" investigation.

Reversing the death sentence given to Koli in 12 cases and Pandher in two cases, the high court said the probe was "nothing short of a betrayal of public trust by responsible agencies".

The high court allowed multiple appeals filed by Koli and Pandher, who challenged the death sentence awarded by a CBI court in Ghaziabad.

A total of 19 cases were lodged against the duo in 2007, and the CBI filed closure reports in three cases due to lack of evidence.

Koli was acquitted in three of the 16 remaining cases and his death sentence in one case was commuted to life.

The killings came to light with the discovery of the skeletal remains of eight children from a drain behind Pandher's house at Nithari in Noida, bordering the national capital, on December 29, 2006.

Further digging and searches of drains in the area around the house led to more skeletal remains. Most of these remains were those of children and young women who went missing in the area.

The CBI took over the case within 10 days of the crime and its search resulted in the recovery of more human remains.