Supreme Court reserves verdict on Surendra Koli’s curative plea in Nithari killings case

New Delhi: The Supreme Court on Tuesday reserved its verdict on a curative petition filed by Surendra Koli, challenging his conviction and death sentence in one of the Nithari murder cases, observing that his plea "deserves to be allowed”.

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

On Tuesday, a bench comprising Chief Justice BR Gavai and Justices Surya Kant and Vikram Nath heard Koli’s plea in open court.

Observing that an “anomalous situation” had arisen following Koli’s acquittal in all other related cases, the court remarked that the petition “deserves to be allowed.” “This matter deserves to be allowed in a minute,” CJI Gavai said while reserving the order.

If the curative plea of Koli is allowed then he will be a free man as he is already acquitted in other Nithari cases.

The bench noted that the conviction in the case was largely based on a statement and the recovery of a kitchen knife, raising questions about the sufficiency of evidence.

During the brief hearing, the CJI had a light-hearted conversation with Additional Solicitor General Rajkumar Bhaskar Thakare, appearing for the CBI.

“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," the CJI told the Additional Solicitor General.

Koli was convicted for the rape and murder of a 15-year-old girl in Noida’s Nithari village, and his conviction was upheld by the Supreme Court in February 2011.

His review plea was dismissed in 2014.

However, in January 2015, the Allahabad High Court commuted his death sentence to life imprisonment due to inordinate delay in the decision on his mercy petition.

In October 2023, the Allahabad High Court acquitted Koli and co-accused Pandher in several other Nithari cases, overturning the death sentences awarded by the trial court in 2017.

The court acquitted Koli in 12 cases and Pandher in two.

The CBI and the victims’ families later challenged these acquittals before the Supreme Court, but the top court dismissed all 14 appeals on July 30 this year.

On July 30, a bench headed by the CJI dismissed as many as 14 appeals of the probe agency and some family members challenging the acquittal of Koli and Pandher in the gruesome serial killings.

The killings came to light with the discovery of skeletal remains of eight children from a drain behind Pandher's house at Nithari in Noida.

Further digging and searches of drains in the area around Pandher's house led to more skeletal remains. Most of these remains were that of poor children and young women who had gone missing from the area. Within 10 days, the CBI took over the case and its search resulted in the recovery of more remains.

The bench had dismissed the 14 appeals. Twelve pleas were filed by the CBI and the other two by Pappu Lal and Anil Haldar.

"There is no perversity in the Allahabad High Court judgement... (the petitions are) dismissed," the CJI had said after a brief hearing.

In all, 19 cases had been lodged against Pandher and Koli in 2007.

The CBI filed closure reports in three cases due to lack of evidence. In the remaining 16 cases, Koli was earlier acquitted in three and his death sentence in one was commuted to life.