The Supreme Court on Tuesday reserved its verdict on a curative petition filed by Surendra Koli, challenging his conviction and death sentence in one of the Nithari murder cases, with the Chief Justice of India B.R. Gavai observing that the plea “deserves to be allowed.”
A bench comprising Chief Justice B.R. Gavai and Justices Surya Kant and Vikram Nath heard Koli’s petition in open court. Noting that Koli had been acquitted in all other related cases, the CJI remarked, “This matter deserves to be allowed in a minute,” before reserving the order.
The Nithari killings shocked the nation in December 2006 when skeletal remains of eight children were discovered from a drain behind businessman Moninder Singh Pandher’s house in Nithari, Noida. Further searches revealed more remains, most of which belonged to poor children and young women who had gone missing from the area. Within ten days, the CBI took over the investigation.
A total of 19 cases were registered against Pandher and Koli in 2007. The CBI filed closure reports in three due to lack of evidence. In the remaining 16, Koli was acquitted in three and his death sentence in one case was commuted to life imprisonment.
During Tuesday’s brief hearing, the bench highlighted the “anomalous situation” that had arisen after Koli’s acquittals in other cases. It noted that his conviction in the present matter rested largely on a statement and the recovery of a kitchen knife, casting doubt on the sufficiency of evidence.
If the curative plea is allowed, Koli will walk free, as he has already been acquitted in all other Nithari cases.
The proceedings also saw a moment of light-hearted exchange between CJI Gavai and Additional Solicitor General Rajkumar Bhaskar Thakare, appearing for the CBI. “Mr Thakare, as a solicitor, I expect you to be an officer of the court. I have a very good impression of you in Bombay. Let Delhi pollution not pollute you,” the CJI quipped.
Koli’s Legal Journey
Koli was convicted for the rape and murder of a 15-year-old girl in Nithari, and the Supreme Court upheld his conviction in February 2011. His review plea was dismissed in 2014. In January 2015, the Allahabad High Court commuted his death sentence to life imprisonment due to inordinate delay in deciding his mercy petition.
In October 2023, the Allahabad High Court acquitted Koli in 12 cases and Pandher in two, overturning their death sentences in multiple cases. The CBI and victims’ families challenged these acquittals before the Supreme Court, but a bench headed by the CJI dismissed all 14 appeals on July 30, 2025, finding no perversity in the High Court’s judgment.
