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The Nithari murders occurred between 2005 and 2006, and the discovery of skeletons in 2006 led to the arrest of Surendra Koli. The court questioned the authenticity of the disclosure statement used in the case and noted that no independent witnesses were associated with its recording
The Allahabad High Court has reprimanded the Uttar Pradesh Police and the Central Bureau of Investigation (CBI) for a "casual and perfunctory" investigation into the Nithari killings of 2005-2006 in Noida.
The high court 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.
The division bench, comprising Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi, set aside the conviction of Moninder Singh Pandher and Surendra Koli in some of the Nithari killings cases. The court 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.
The bench opined that "loss of life of young children and ladies is a matter of serious concern particularly when their lives were brought to an end in a most inhuman manner but that, in itself, would not justify denial of fair trial to the accused nor would it justify their punishment even in the absence of evidence to implicate them."
The Nithari murders occurred between 2005 and 2006, and the discovery of skeletons in 2006 led to the arrest of Surendra Koli. The court questioned the authenticity of the disclosure statement used in the case and noted that no independent witnesses were associated with its recording.
The bench stated, "The prosecution case is based upon the confession of accused SK, made to U.P. Police on 29.12.2006. The procedure required to be followed for recording the accused’s disclosure leading to recovery of biological remains i.e. skulls, bones, and skeleton, etc. has been given a complete go by. The casual and perfunctory manner in which important aspects of arrest, recovery and confession have been dealt with are most disheartening, to say the least".
It 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.
The court 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.
Case Title: Surendra Koli Vs. State through Central Bureau of Investigation
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