Nithari killings: Surendra Koli walks out of jail after Supreme Court acquittal

Noida: Surendra Koli, accused in the infamous Nithari serial killings, has been released from the Luksar district jail in Greater Noida, a day after the Supreme Court acquitted him in the last pending case linked to the 2006 serial murders that had shocked the nation, officials said on Thursday.

Jail superintendent Brijesh Kumar confirmed that Koli walked out of the facility around 7.20 pm on Wednesday.

"Surendra Koli was released after the order of the Supreme Court," Kumar told PTI.

Clad in a blue shirt, black trousers, and a navy-blue jacket, Koli left the prison accompanied by his lawyers. His family members were not present at the jail gate, and he declined to speak to the media gathered outside. It was not immediately known where he was taken after his release.

The Nithari case came to light in 2006 when skeletal remains, skulls and bones were discovered from the backyard and drains near a bungalow (D-5) belonging to businessman Moninder Singh Pandher in Sector 31, Noida.

The gruesome findings, unearthing the disappearance and killings of several children and women, had triggered nationwide outrage and terrorised the local community.

Pandher, a co-accused in the case, was also in jail for years but was released on October 20, 2023 following his acquittal in the case.

On Tuesday, a Supreme Court bench comprising Chief Justice B R Gavai and Justices Surya Kant and Vikram Nath acquitted Koli in the last pending case related to the alleged rape and murder of a 15-year-old girl. The court said "criminal law does not permit conviction on conjecture or on a hunch" and directed his immediate release if he was not wanted in any other matter.

While acknowledging the "heinous" nature of the offences and the "immeasurable suffering" of the victims' families, the bench said the prosecution had failed to establish guilt beyond reasonable doubt.

"Suspicion, however grave, cannot replace proof," the court observed, noting that "negligence and delay corroded the fact-finding process." The court pointed out several lapses in the investigation, including the failure to secure the crime scene, delayed recording of disclosures, neglect of material witnesses, mishandling of forensic material, and the disregard of possible leads, including an alleged organ trade angle flagged by a government-appointed panel.

Koli, who was 30 years old when arrested in 2006, had been awarded multiple death sentences in various cases over the years. In January 2015, the Allahabad High Court commuted his death sentence to life imprisonment, citing delays in deciding his mercy plea.

In October 2023, the high court acquitted both Koli and Pandher in other Nithari cases, overturning the death penalties awarded by the trial court.

The Supreme Court later dismissed all appeals against those acquittals on July 30 this year.

Expressing dismay over the protracted investigation, the apex court said, "It is a matter of deep regret that despite prolonged investigation, the identity of the actual perpetrator has not been established in a manner that meets the legal standards."