The Supreme Court has scheduled a hearing on March 25 to address appeals challenging the acquittal of Surendra Koli in the infamous Nithari killings case. A bench led by Justice Bhushan R Gavai, alongside Justice Augustine George Masih, directed the registry to provide digitized trial court records to the concerned parties for the scheduled hearing.
The appeals, filed by the Central Bureau of Investigation (CBI) and the Uttar Pradesh government, contest the October 2023 Allahabad High Court order that overturned the convictions of Koli in 13 cases and his employer Moninder Singh Pandher in two cases related to the gruesome murders of minor girls in Nithari village near Noida between 2005 and 2007.
Background of the Nithari Killings Case
The Nithari killings sent shockwaves across the nation, uncovering heinous crimes involving the murder of minor girls, allegations of cannibalism, and evidence of body parts disposed of in a drain. According to the prosecution, Koli, a servant in Pandher’s house in Sector 31, Noida, lured young girls under false pretenses, sexually assaulted them, and killed them. He allegedly mutilated the bodies, ate parts of them, and discarded the remains in a drain behind the house.
During the investigation, police recovered 16 skulls, clothing, and slippers near the drain. The trial court sentenced Koli to death in 13 cases and Pandher in two cases. However, the Allahabad High Court reversed these convictions, citing a botched investigation and violation of basic norms in evidence collection.
The High Court’s judgment also highlighted the possibility of an organized organ trading racket, stating that the investigation opted for the “easy course” of implicating a “poor servant” without thoroughly probing deeper aspects of the case.
Supreme Court Hearing
Solicitor General Tushar Mehta, representing the CBI, emphasized the need for the trial court records in digital format, ensuring no delays in the hearing. Advocate Payoshi Roy, representing Koli, argued that procedural delays in the investigation and the manner in which his confessional statement was recorded two months after the incidents must be reviewed.
The bench instructed the SC registry to expedite the supply of records and ensure all documents are shared with both sides before the hearing. Senior advocate Geeta Luthra, appearing for the father of one of the victims, has also filed an appeal against the acquittal.
Arguments for Acquittal and Prosecution’s Stand
Roy contended that Koli’s acquittal is maintainable and plans to present physical arguments in March to demonstrate flaws in the prosecution’s case. Meanwhile, the CBI maintains that Koli is a “serial killer” and described the case as involving “gruesome events” of luring, killing, and cannibalism.
The prosecution argues that Koli’s actions were triggered by watching his employer bring sex workers to the house, which allegedly led to his crimes.
Impact of the High Court Verdict
The High Court’s 2023 decision acquitted Koli and Pandher in multiple cases, overturning the trial court’s sentences. The CBI, dissatisfied with the verdict, argued that the investigation’s findings and the nature of the crimes warrant a reversal of the acquittals.
Next Steps
The Supreme Court’s directive to expedite the case records and the scheduled hearing on March 25 are expected to shed light on whether the High Court’s judgment will hold or be overturned, potentially redefining the course of one of India’s most horrifying criminal cases.
Sources By Agencies
