Supreme Court hints at acquittal for Nithari convict Surendra Koli in last pending case

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File photograph  of Surinder Kohli

File photograph of Surinder Kohli | Photo Credit: PTI

The Supreme Court connected Tuesday (October 7, 2025) indicated that Nithari killings convict Surendra Koli may soon beryllium acquitted successful the lone lawsuit successful which his condemnation inactive stands. The tribunal observed that it would magnitude to a “travesty of justice” to uphold the 2011 verdict erstwhile Mr. Koli had already been exonerated successful 12 different cases arising from the aforesaid acceptable of facts and evidence.

While reserving its verdict connected Mr. Koli’s curative petition, a Bench of Chief Justice of India (CJI) B.R. Gavai and Justices Surya Kant and Vikram Nath said, “This substance deserves to beryllium allowed successful a minute.”

“An anomalous concern would originate if, connected the aforesaid acceptable of facts, helium is convicted successful this lawsuit erstwhile this tribunal has acquitted him successful the others,” the Bench told Additional Solicitor-General Raja Thakare, who appeared for the Central Bureau of Investigation (CBI).

The tribunal noted that Mr. Koli’s condemnation successful the remaining lawsuit rested solely connected his confessional connection and the betterment of a room weapon from a lane down his house, the aforesaid pieces of grounds connected which helium was acquitted successful the different trials.

When Mr. Thakare attempted to separate the pending lawsuit connected factual grounds, the Bench reminded him of his work to assistance the tribunal impartially. “As a solicitor, we expect you to beryllium an serviceman of the court,” the CJI said.

A curative petition, which is typically heard successful chambers, is the rarest signifier of judicial review. It is entertained lone successful exceptional circumstances specified arsenic a denial of earthy justice, bias, oregon a cardinal miscarriage of process resulting successful sedate injustice. Mr. Koli’s plea, his past disposable ineligible recourse against the Supreme Court’s 2011 ruling that affirmed his condemnation and decease sentence, was listed for proceeding successful unfastened tribunal aft the Bench agreed to see it connected September 1.

On July 30, the apex tribunal had acquitted him successful 12 of 13 cases linked to the Nithari killings, citing superior procedural lapses and unreliable evidence. The Bench had recovered that the prosecution failed to found guilt beyond a tenable uncertainty and noted aggregate irregularities successful the investigation.

Mr. Koli was sentenced to decease aft the Supreme Court upheld his condemnation successful February 2011. The Allahabad High Court, however, commuted the condemnation to beingness imprisonment successful 2015, noting the prolonged hold successful deciding his mercy petition. His reappraisal petition had earlier been dismissed by the apex tribunal aft an unfastened tribunal proceeding connected October 28, 2014.

The Nithari killings, which came to airy successful 2007, stunned the federation with their sheer depravity. The find of skeletal remains of respective children successful a drain down a Noida location wherever Mr. Koli worked arsenic a home adjutant exposed a bid of murders that shocked the nationalist conscience. The location belonged to businessman Moninder Singh Pandher, who was besides named arsenic an accused successful aggregate complaint sheets.

Following wide nationalist outrage, the probe was transferred to the CBI, which alleged that Mr. Koli lured young girls to the house, sexually assaulted and killed them, and mutilated their bodies. He was besides accused of cannibalism. Between 2005 and 2007, 16 cases of rape and execution were registered. The prosecution claimed to person recovered the limb utilized to dismember the victims’ bodies. The proceedings tribunal convicted Mr. Koli successful 13 cases, portion Mr. Pandher, initially convicted successful two, was aboriginal acquitted successful all. After the Supreme Court’s 2011 ruling, Mr. Koli was near with 1 surviving conviction.

While acquitting him successful July, the Supreme Court had observed that the recoveries made during the probe were not corroborated by immoderate connection nether Section 27 of the Indian Evidence Act, which deals with recoveries based connected disclosures made by an accused successful custody. The CBI had approached the tribunal challenging an October 2023 bid of the Allahabad High Court that acquitted Mr. Koli, which had faulted the bureau for failing to probe a suspected organ commercialized space that had surfaced during the investigation.

Published - October 07, 2025 01:30 p.m. IST

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