Nithari Killings: Supreme Court Reserves Order on Convict Surendra Koli’s Curative Plea Challenging 2011 Conviction
After acquittal in 12 of 13 cases, Surendra Koli has asked the Supreme Court to reconsider his lone remaining conviction in the Nithari killings
SC reserves order on Nithari killings convict Surendra Koli’s curative plea
The Supreme Court on Tuesday reserved its order on the curative petition filed by Nithari killings convict Surendra Koli, who has challenged his 2011 conviction; the only one still standing after his acquittal in 12 of the 13 cases of rape and murder linked to the 2005–2007 Nithari serial crimes.
The Bench of Chief Justice B.R. Gavai and Justices Surya Kant and Vikram Nath heard the matter before reserving its verdict.
Koli, who was sentenced to death in multiple cases, has been acquitted in 12 of them by the Allahabad High Court, which found the prosecution evidence unreliable.
His curative plea seeks to overturn the Supreme Court’s earlier decision upholding his conviction in one case, arguing that the same set of evidence was found insufficient in all others.
The Nithari killings, which came to light in Noida between 2005 and 2007, shocked the nation after skeletal remains of children and women were discovered near the house of businessman Moninder Singh Pandher, who was also accused in the case.
Previously, on July 30, 2025, the Court had upheld the acquittal of Surendra Koli in the 2006 Nithari serial killings case, dismissing 14 appeals filed by the Central Bureau of Investigation and the Uttar Pradesh government. The Court had found "no perversity" in the Allahabad High Court’s 2023 judgment which had overturned Koli’s conviction.
The 3-Judge Bench had held that the prosecution failed to legally establish crucial links in the chain of circumstantial evidence. It had noted that there was non-compliance with Section 27 of the Indian Evidence Act, which governs the admissibility of statements leading to the discovery of evidence. Referring specifically to the recovery of human skulls and victims' belongings from an open drain near the residence of Koli’s employer, businessman Moninder Singh Pandher, the Court had noted that the police had failed to properly record any voluntary statement from the accused that led to the discovery.
It had stressed that for any such recovery to be admissible, it must follow a statement from the accused and be from a location only known to the accused. “The recoveries made in this case are not from an exclusive place accessible only to the accused. They were made from an open and public place. In absence of any recorded disclosure statement by the accused leading to the recovery, such evidence is inadmissible,” the Court had held.
Notably, in July 2024, the Apex Court had issued notice on the petitions after Solicitor General Tushar Mehta, appearing CBI had told the bench that Koli was granted death penalty by the trial court for his "really gruesome" acts. The Court had then sought a response from Koli on separate pleas filed by the CBI against the high court's verdict dated October 16, 2023.
In May 2024, the Supreme Court had also issued notice in the appeal filed by Pappu Lal, the father of one of the victim girls, against the High Court's decision setting aside the conviction of Moninder Singh Pandher and Surendra Koli.
Case Title: Surendra Koli v. State of Uttar Pradesh
Hearing Date: October 7, 2025
Bench: CJI BR Gavai, Justices Surya Kant and Vikram Nath