The Supreme Court has scheduled a hearing for March regarding the petition filed against the acquittal of Surendra Koli, one of the key accused in the infamous Nithari murder case, which shocked the nation in 2006.
The bench, led by Justice BR Gavai, has directed the presentation of the trial court’s records to facilitate the case review.
Legal Arguments On Surendra Koli’s Acquittal
During the hearing, Payoshi Roy, the lawyer representing Surendra Koli, argued that the final hearing could proceed since the case largely hinges on the statement of a single witness.
However, this statement was recorded 60 days after the alleged incident, and Koli claimed that he was tortured to confess. Roy contended that this statement lacked credibility and was unreliable.
Allahabad High Court’s Verdict
The petition challenging Koli’s acquittal is being heard alongside an appeal filed by Pappu Lal, the father of one of the victims. Senior advocate Geeta Luthra, who is representing the petitioners, pointed out errors in the October 6 decision by the Allahabad High Court, which had overturned Koli’s conviction. The petition seeks to reinstate the trial court’s ruling, which had sentenced Koli to death.
High Court’s Allegations And Acquittal
In the previous hearings, Solicitor General Tushar Mehta, representing the Central Bureau of Investigation (CBI), recounted the chilling details of the case. He explained that Surendra Koli lured young girls, killed them, and even cooked their flesh.
Initially, Koli was sentenced to death by the lower court, but the Allahabad High Court acquitted him in 12 cases, citing insufficient evidence.
Moninder Singh Pandher, Koli’s employer, was also acquitted in two cases by the High Court. The High Court’s ruling was based on the failure of the prosecution to prove the accused’s guilt beyond a reasonable doubt. The case remains controversial, as the prosecution had presented significant circumstantial evidence linking Koli to the murders.
About Nithari Murders And Investigations
The Nithari murders came to light on December 29, 2006, when the remains of eight children were discovered in a drain near Moninder Singh Pandher’s residence in Nithari, Noida. The police investigation, and later the CBI probe, uncovered a gruesome pattern of crimes, with Koli accused of committing several murders.
A total of 19 cases were registered against Koli and Pandher in 2007, with three cases later closed due to a lack of evidence.
While the lower court had sentenced Koli to death in these cases, the High Court’s ruling sparked outrage and raised questions about the quality of evidence presented. Koli’s death sentence was commuted to life imprisonment in one case, while three other cases resulted in his acquittal.
As the Supreme Court prepares to hear the petition in March, the focus will be on the procedural aspects and the quality of evidence in the case. The decision will likely have significant implications not only for Surendra Koli but also for the wider understanding of legal standards in high-profile criminal cases.
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