In a significant turn of events, Surendra Koli, the prime accused in the infamous Nithari killings, has been acquitted by the Supreme Court in the last pending case against him. This decision effectively paves the way for his release after spending 16 years on death row. The ruling marks the end of a controversial and horrifying chapter in Indian criminal history, leaving many questions unanswered and raising concerns about the investigation and judicial process.
The Nithari killings, which surfaced in 2006, involved the discovery of skeletal remains of children from a drain behind the house of Moninder Singh Pandher in Noida. Koli, who worked as Pandher's domestic help, was implicated in a series of gruesome murders and sexual assaults. The case triggered widespread public outrage and led to a probe by the Central Bureau of Investigation (CBI). The CBI alleged that Koli lured young girls to the house, where he sexually assaulted and murdered them, further accusing him of cannibalism.
Initially, Koli was convicted in 13 cases related to the Nithari killings. However, over time, the Allahabad High Court acquitted him in 12 of those cases, citing unreliable prosecution evidence. The Supreme Court later upheld these acquittals. The recent Supreme Court ruling concerns the last remaining case where Koli's conviction was still in effect. A three-judge bench, headed by Chief Justice of India B.R. Gavai and Justices Surya Kant and Vikram Nath, allowed Koli's curative petition, effectively overturning the 2011 judgment that had upheld his conviction in one of the cases. The court stated that upholding Koli's conviction in the last case would amount to a "manifest miscarriage of justice," especially considering his acquittal in the other connected cases that arose from the same set of facts and evidence.
The Supreme Court emphasized the importance of fair and just procedures, particularly in cases involving capital punishment. The bench observed that "suspicion, however grave, cannot replace proof beyond reasonable doubt" and that courts cannot prioritize expediency over legality. The court also noted that the evidence in all the cases was identical. Justice Nath, who pronounced the order for the bench, stated, "The curative petition is allowed. The petitioner is acquitted of the charges. The petitioner shall be released forthwith".
The acquittal has drawn attention to the frailties within the criminal justice system, including hasty investigations, media trials, questionable confessions, and overreliance on circumstantial evidence. The court itself acknowledged "investigative and procedural failures" in the case. The Supreme Court, while acquitting him in July, had observed that the recoveries made during the investigation were not corroborated by any statement under Section 27 of the Indian Evidence Act. The CBI's investigation faced criticism, with the Allahabad High Court faulting the agency for its failure to investigate the suspected organ-trade angle that had emerged during the probe.
The verdict has understandably left the victims' families grappling with pain and disbelief, as they feel denied both closure and answers. The question of who killed the children of Nithari remains unanswered in a manner that meets legal standards. Despite the acquittals, the Supreme Court recognized the heinous nature of the crimes and the immeasurable suffering of the families. While the legal process has concluded, the Nithari killings continue to serve as a grim reminder of the importance of a fair, thorough, and just criminal justice system.
