In a latest development in the 2006 Nithari serial killings case, the Supreme Court has agreed to hear a plea challenging Allahabad High Court's order acquitting Surendra Koli. A bench of Justice BR Gavai, Justice Satish Chandra Sharma and Justice Sandeep Mehta issued a notice on the plea filed by one Pappu Lal, the father of one of the victims.
Senior advocate Geeta Luthra and advocates Rupesh Kumar Sinha and Sataroop Das appeared for Pappu Lal and submitted that the Allahabad HC erred in its finding. The bench issued the notice and sought response from Koli and directed the registry to call for records from the trial court and the high court.
In his plea, Lal challenged the October 16 order of the high court and has arrayed only Koli as the party. Notably, Koli was the domestic help of Moninder Singh Pandher.
On September 28, 2010, Pandher was acquitted by the sessions court while Koli was awarded the death penalty in Lal’s case. The case was investigated by the Central Bureau of Investigation (CBI).
What was High Court finding?
On October 16, the high court reversed the death sentences given to Koli in 12 cases and Pandher in 2. It acquitted the pair while holding that the prosecution failed to prove the guilt "beyond reasonable doubt, on the settled parameters of a case based on circumstantial evidence".
Making strong remarks, the high court had said that the probe was "nothing short of a betrayal of public trust by responsible agencies". The high court, in its finding, had observed that prosecution was based on the confessional statement of Koli given to the UP Police on December 29, 2006, but the procedure required to be followed for recording his disclosure, leading to the recovery of biological remains like skulls, bones and skeleton etc, were given a "complete go by".
The high court had also noted that the prosecution's stand kept changing from time-to-time as it initially attributed recoveries jointly on Pandher and Koli but, over time, the "guilt was fastened exclusively" upon Koli.
What was Nithari case?
The Nithari serial killing case was unveiled after skeletal remains were found behind a Pandher’s bungalow in Noida’s Nithari, on December 29, 2006. Most of these remains were that of poor children and young women who had gone missing from the area.
Pandher and Koli were charged with rape and murder and sentenced to death in the killings that horrified the nation. There were also hints of possible cannibalism. Within 10 days, the CBI took over the case and its search resulted in the recovery of more remains. Total 19 cases were lodged against Pandher and Koli in 2007.
Later, the CBI filed closure reports in three cases due to lack of evidence. In the remaining 16 cases, Koli was earlier acquitted in three, his death sentence in one was commuted to life and he was sentenced to death in rest 12 cases.
(With PTI Inputs)
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