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Synopsis

The Supreme Court of India today issued notice in the petitions filed by State of Uttar Pradesh and the Central Bureau of Investigation challenging the Allahabad High Court's order acquitting Surendra Koli, an accused in the Nithari killings cases.

 

Solicitor General Tushar Mehta, appearing CBI told the bench that Koli was granted death penalty by the trial court for his "really gruesome" acts.

A division bench of Justices BR Gavai and KV Viswanathan has thus sought a response from Koli on separate pleas filed by the CBI against the high court's verdict dated October 16, 2023.

In May, Supreme Court had also issued notice in the appeal filed by Pappu Lala, 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.

While setting aside the convictions in October 2023, the Allahabad High Court had reprimanded the Uttar Pradesh Police and the Central Bureau of Investigation (CBI) for a "casual and perfunctory" investigation into the Nithari killings.

The high court had observed that the focus on domestic servant Surendra Koli as the sole perpetrator overshadowed the significant likelihood of organ trade being the true motive behind the crimes. The court termed the failure to probe the possible involvement of organ trade as a "betrayal of public trust" by the investigating agencies.

A division bench, comprising Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi, had also criticized the agencies for not exploring other angles, including organ trade, as recommended by the High-Powered Committee formed by the Ministry of Women and Child Development in 2015. The court found the investigation to be "absolutely slipshod" and lacking care and caution in such a sensitive matter.

High Court had raised concerns about the recovery made by the police, suggesting that they might have been aware of the locations beforehand. The court found the investigation to be botched up, basic norms violated, and accused the agencies of implicating a poor servant without probing more serious aspects.

It had then set aside the conviction and death sentences, expressing disappointment at the casual and perfunctory manner in which the investigation was conducted. It ordered the release of the accused, emphasizing that fair trial had eluded them, and the prosecution failed to prove guilt beyond a reasonable doubt.

In December 2006, several skeletons were found in a drain near a house in Nithari, Noida. The CBI had registered 16 cases into the matter. One Moninder Pandher was found to be the owner of the house and Koli was identified as his domestic help.

Case Title: CBI vs. Surendra Koli