Nithari killings case: SC acquits Surendra Koli, allows his curative petition

New Delhi: The Supreme Court on Tuesday acquitted Surendra Koli in one of the Nithari murder cases by allowing his curative petition challenging conviction, paving the way for his release.

Koli was earlier acquitted in other Nithari killing cases.

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. Koli was the domestic help at Pandher's house at that time.

The order was passed by a bench comprising Chief Justice B R Gavai and Justices Surya Kant and Vikram Nath, which had heard Koli's petition in the open court.

"For the reasons recorded above, the curative petition is allowed," Justice Nath said while pronouncing the order.

The top court acquitted Koli in the case and quashed the sentence and fine imposed upon him earlier.

"The petitioner shall be released forthwith, if not required in any other case or proceeding," the bench said.

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 an 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 October 7, the top court reserved its verdict on Koli's curative petition, observing that his plea "deserves to be allowed”.

Observing that an "anomalous situation" had arisen following Koli's acquittal in all other related cases, the apex court had remarked that the petition "deserves to be allowed".

The bench had 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.

The CBI had taken over the case and its search resulted in the recovery of more human remains.