Nithari Killings: Why Supreme Court Freed The Main Accused in One of India’s Most Horrid Cases

The Supreme Court of India has permitted Surendra Koli, the main suspect in the notorious Nithari serial killings, to file a curative petition, leading to his potential release after nearly 20 years in prison. Koli was initially convicted in 2011 but has since been acquitted in twelve other related cases due to insufficient evidence. The court criticised previous trials influenced by media pressure and acknowledged the inconsistencies in the evidence against Koli.

Nearly two decades after the horrific Nithari serial killings shook the nation, the Supreme Court of India has allowed the curative petition of Surendra Koli, the prime accused, paving the way for his release. The decision marks the final chapter in one of India’s most chilling criminal cases, one that began with the discovery of skeletal remains of several children behind a bungalow in Noida’s Nithari village in 2006.
Koli, who worked as a domestic help for businessman Moninder Singh Pandher, had been accused in multiple cases of rape and murder between 2005 and 2007. Over the years, he was convicted in one case and acquitted in twelve others. With the apex court now overturning his final conviction, Koli is set to walk free unless required in any other case.

Why the Supreme Court Freed Koli

A bench comprising Chief Justice B R Gavai and Justices Surya Kant and Vikram Nath delivered the judgment, allowing Koli’s curative plea against his 2011 conviction. The court observed that it would be a “travesty of justice” to uphold the lone conviction when Koli had already been acquitted in twelve other cases based on the same set of evidence.
The judges noted that Koli’s conviction in the remaining case rested solely on his confessional statement and the recovery of a kitchen knife from a lane behind his employer’s house, the very same evidence deemed insufficient in other trials. The Allahabad High Court, which had acquitted Koli in twelve cases and Pandher in two, had earlier ruled that recoveries made at the instance of the accused and their statements before the police were not admissible as evidence.

Chief Justice Gavai also lauded the Allahabad High Court for standing firm “against media pressure”, remarking that the original trial appeared to have been influenced by “media trial” and public outrage. “It is rather complimentary of the judges of the High Court for writing such a judgment. There must have been a lot of media pressure. The trial court, sorry to say, must have been swayed by it,” the Chief Justice observed during hearings.

In its final order, the bench said, “For the reasons recorded above, the curative petition is allowed. The petitioner shall be released forthwith, if not required in any other case or proceeding.”