In a significant turn of events in one of India's most gruesome crime sagas, the Supreme Court on Tuesday expressed profound regret that the actual perpetrator of the 2006 Nithari killings remains unidentified despite a prolonged investigation. The court's observation came as it acquitted Surendra Koli, the domestic help previously convicted in the case, effectively bringing an end to the 18-year legal battle.
A bench comprising Chief Justice B R Gavai and Justices Surya Kant and Vikram Nath highlighted the heinous nature of the crimes and the immeasurable suffering of the victims' families. However, the court emphasized that criminal law necessitates proof beyond a reasonable doubt, and convictions cannot be based on conjecture or suspicion.
The Nithari killings, which surfaced in December 2006, involved the discovery of skeletal remains of children from a drain near the house of businessman Moninder Singh Pandher in Noida. The investigation led to the arrest of Pandher and his domestic help, Surendra Koli, who were accused of the abduction, sexual assault, and murder of several children and women.
Surendra Koli was initially convicted and sentenced to death in one of the cases in 2011, a verdict upheld by the Supreme Court. However, in 2023, the Allahabad High Court acquitted both Pandher and Koli in twelve other Nithari cases, citing unreliable prosecution evidence. The Supreme Court later dismissed appeals against these acquittals in July 2025. Following these acquittals, Koli filed a curative petition against the 2011 Supreme Court judgment, which was allowed on Tuesday.
The Supreme Court, while allowing Koli's petition, criticized the police investigation into the Nithari killings, pointing out negligence, procedural lapses, and delays that "corroded the fact-finding process". The court noted failures such as the crime scene not being secured before excavation, delayed recording of the alleged disclosure statement, contradictory versions in remand papers, and prolonged police custody of the petitioner without timely medical examination. The bench observed that crucial scientific opportunities were lost when post-mortem materials and other forensic outputs were not preserved.
The court also noted that Koli's conviction was based on the same evidence that was rejected in the other twelve cases where he was acquitted. Allowing a conviction to stand on an evidentiary basis that the court has since rejected would offend Article 21 of the Constitution.
The Supreme Court bench stated it was genuinely unfortunate that negligence and delay in the investigation had foreclosed avenues that might have identified the true offender. The court also stated that suspicion, however grave, cannot replace proof beyond a reasonable doubt, and the courts cannot prefer expediency over legality.
With Koli's acquittal in the last pending case, he is now set to walk free from jail. This brings a controversial end to a case that has haunted the nation for nearly two decades, raising serious questions about the quality of investigation and the pursuit of justice in cases involving heinous crimes.
