The Supreme Court has set aside Surendra Koli’s final remaining conviction in the Nithari killings cases, directing that he be released forthwith if he is not required in any other matter. A Bench of Chief Justice BR Gavai, Justice Surya Kant, and Justice Vikram Nath allowed Koli’s curative petition challenging the Supreme Court’s 2011 judgment that had affirmed his conviction and sentence in one of the cases.

Justice Vikram Nath pronounced the order. The Court recalled and set aside:

• The Supreme Court judgment dated 15.02.2011 upholding Koli’s conviction.
• The order dated 28.10.2014 dismissing his review petition.
• The trial court judgment dated 13.02.2009 and the High Court judgment dated 11.10.2009.

The Court noted that Koli had already been acquitted in twelve other Nithari cases based on the same evidentiary material. Maintaining a single conviction resting on identical evidence, the Bench observed earlier, would result in an “anomalous situation”.

This order removes the only surviving conviction that had continued to keep Koli in custody, after the Supreme Court in July dismissed 14 appeals filed by the CBI and victims’ families challenging the Allahabad High Court’s 2023 acquittal of Koli and co-accused Moninder Singh Pandher in the other Nithari cases.

The Nithari killings surfaced in 2006 when skeletal remains of several children and women were discovered behind the residence of businessman Moninder Singh Pandher in Noida’s Nithari locality. Koli, employed as a domestic worker in Pandher’s home, was arrested and later charge-sheeted in 16 cases for murder, rape, abduction and destruction of evidence. The CBI’s case relied primarily on Koli’s confession under Section 164 CrPC (recorded after prolonged custody) and recoveries under Section 27 of the Evidence Act.

Between 2009 and 2017, Koli was convicted in twelve cases and sentenced to death. In 2011, the Supreme Court affirmed one of those convictions. In 2015, the Allahabad High Court commuted that death sentence to life imprisonment citing delay in disposal of his mercy plea.

In October 2023, the Allahabad High Court acquitted both accused in the remaining cases, criticising the investigation as “botched” and noting failure to explore possible organ trade links. The Supreme Court later upheld these acquittals.

During the earlier hearings, the Supreme Court remarked that the recovery site was not shown to be exclusively accessible to the accused and acknowledged the impact of media-generated pressure during the original trial.

Appearances

For Surendra Koli:
Dr. Yug Mohit Chaudhary, Mr. Siddhartha Sharma, Ms. Payoshi Roy, Mr. Prabu Ramasubramaniyan, Mr. Bharathimohan M, with Mr. Sai Vinod (AOR).

For CBI:
Raja Thakare, Additional Solicitor General.

Case Details
Diary No.: 49297-2025
Title: Surendra Koli v. State of Uttar Pradesh