The Supreme Court on Tuesday acquitted Surendra Koli, the only remaining convict in the 2006 Nithari mass killings, and ordered his immediate release if not wanted in any other case, news agency PTI reported. The verdict marks Koli’s acquittal in the 13th and final case linked to the gruesome killings, after being cleared in 12 others.
The Nithari killings, which shocked the nation, came to light on December 29, 2006, when the skeletal remains of several children were found in a drain behind businessman Moninder Singh Pandher’s house in Noida’s Nithari village. Koli, who worked as Pandher’s domestic help, was accused of raping and murdering multiple children.
A bench of Chief Justice BR Gavai and Justices Surya Kant and Vikram Nath, while allowing Koli’s curative petition in the case involving the alleged rape and murder of a 15-year-old girl, said criminal conviction cannot rest on conjecture or suspicion, reported PTI.
“Suspicion, however grave, cannot replace proof beyond reasonable doubt. The presumption of innocence endures until guilt is proved through admissible and reliable evidence,” the court observed.
According to PTI, the judges noted that despite the heinous nature of the crimes, the investigation failed to conclusively establish the identity of the true perpetrator.
“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 legal standards,” the bench said, adding that expediency cannot be placed above legality.
The court pointed to serious lapses in the investigation, including failure to secure the crime scene, contradictory remand papers, prolonged police custody without timely medical examination, and the loss of crucial forensic evidence. It also noted that the probe did not adequately examine key witnesses or pursue leads such as the organ trade angle flagged by an official committee.
“The negligence and delay corroded the fact-finding process and foreclosed avenues that might have identified the true offender,” the bench said, adding that a fair, just, and reasonable procedure under Article 21 of the Constitution is especially critical in cases involving capital punishment.
Setting aside its earlier rulings — the February 15, 2011 judgment upholding Koli’s conviction and the October 28, 2014 order dismissing his review petition — the apex court quashed the sentence and fines imposed on him. “The petitioner shall be released forthwith if not required in any other case,” it directed.
In January 2015, the Allahabad High Court had commuted Koli’s death sentence to life imprisonment, citing inordinate delay in deciding his mercy plea. Later, in October 2023, the high court acquitted Koli and co-accused Moninder Singh Pandher in other Nithari cases, overturning their 2017 death sentences. The CBI and victims’ families had challenged those acquittals, but the Supreme Court dismissed all 14 appeals on July 30, 2024.
In its latest order, the court said allowing Koli’s conviction to stand when the same evidentiary base had already been rejected in companion cases would violate Articles 14 and 21 of the Constitution. “Like cases must be treated alike,” it said, concluding that the threshold for invoking its curative jurisdiction had been met.
The CBI investigation had earlier led to the recovery of more human remains from the Nithari site, but Tuesday’s judgment effectively closes the criminal chapter of one of India’s most shocking serial murder cases.
(With PTI inputs)