The Supreme Court of India has upheld the Allahabad High Court's 2023 judgment acquitting Surendra Koli and Moninder Singh Pandher in connection with the 2006 Nithari killings. The decision, delivered on Wednesday, dismisses appeals filed by the Central Bureau of Investigation (CBI), the Uttar Pradesh government, and families of the victims, solidifying the High Court's ruling that cited insufficient evidence and serious lapses in the investigation.
The Nithari killings, which surfaced in December 2006, involved the discovery of skeletal remains of children and young women near Moninder Singh Pandher's residence in Nithari, Noida. Surendra Koli, Pandher's domestic help, was implicated in the gruesome murders, with allegations of sexual assault, murder, and even cannibalism. The case triggered national outrage and raised concerns about the investigation process.
Initially, the trial court convicted Koli in 13 cases and Pandher in two, sentencing them to death. However, the Allahabad High Court overturned these convictions in October 2023, citing a failure by the prosecution to establish guilt beyond a reasonable doubt and pointing out significant flaws in the investigation. The High Court noted that the prosecution's case relied heavily on Koli's alleged confessional statements and circumstantial evidence, but found that procedural requirements for recording these statements and recovering evidence were not properly followed. The High Court also observed that the CBI did not investigate the possibility of organ trade being the cause of killings in Nithari.
In the Supreme Court, a bench headed by Chief Justice of India B.R. Gavai questioned the prosecution on whether they could show any perversity in the High Court's appreciation of evidence. The Court emphasized that recoveries made during investigations must be supported by statements under Section 27 of the Evidence Act, which pertains to evidence recovered based on information provided by an accused in police custody. The bench also noted that the area where the victims' remains were discovered was not exclusively accessible to the accused. The Supreme Court further remarked that the trial court might have been influenced by media pressure when convicting the accused.
Despite the Supreme Court's decision to uphold his acquittal in 12 cases, Surendra Koli will remain in prison as he is serving a life sentence in another Nithari killing case, specifically the murder of 14-year-old Rimpa Haldar in 2005. His death sentence in that case was commuted to life imprisonment by the Allahabad High Court in January 2015, citing an inordinate delay in processing his mercy petition. Moninder Singh Pandher has now been completely acquitted in all six cases filed against him.
The Supreme Court's decision marks a significant turn in the দীর্ঘ-standing Nithari killings case, raising questions about the quality of investigation and evidence presented. While Koli remains incarcerated for one of the murders, the acquittals highlight the challenges in securing convictions based on circumstantial evidence and the importance of adhering to proper legal procedures during investigations.
