The way has been cleared for Surendra Koli to come out of jail in the 2006 Nithari murder case. Koli, who was acquitted in 12 cases, was in jail only because of his conviction in the Rimpa Halder case. On Tuesday, November 11, the Supreme Court accepted his curative petition. The court has ordered his release.
On October 7, the three senior most judges of the Supreme Court – Chief Justice Bhushan Ramakrishna Gavai, Justice Surya Kant and Justice Vikram Nath – heard Koli’s curative petition. Then the Chief Justice had said that it is unusual for a case to remain closed after acquittal in other cases. This case is worth accepting in 1 minute. On Tuesday, Justice Vikram Nath read the decision on behalf of the bench.
What is the matter?
On 29 December 2006, skeletons of 8 children were found in the drain behind the house of Moninder Singh Pandher in Nithari, Noida. Later, during the search and digging of drains around the house, many more skeletons were found. A total of 19 cases were registered against Moninder Singh Pandher and his servant Surendra Koli. Pandher was convicted in 2 cases, but Koli was given death sentence by the lower court in a total of 13 cases.
Relief received in most cases
Allahabad High Court’s decision came on 16 October 2023. The High Court acquitted Koli in 12 cases. Pandher was also acquitted in both the cases pending against him. On July 30 this year, the Supreme Court upheld the High Court’s decision to acquit Koli and Pandher.
Punishment given in only 1 case
In the Rimpa Halder murder case related to the Nithari murder case, the trial had progressed faster than the other cases. The lower court, High Court and Supreme Court had given death sentence to Koli in this case. The Supreme Court had also rejected his review petition. However, in 2015, the death sentence was commuted to life imprisonment on the basis of delay in disposal of the mercy petition. Due to this he is still in jail.
What did the Supreme Court say in the hearing?
Surendra Koli had filed a curative petition in the Supreme Court citing his acquittal in all other cases. Hearing this, the court said that after the acquittal of the petitioner in all the other cases, an unusual situation has been created. If we look at this only case, then in this also Koli’s conviction was based only on a statement and the recovery of a kitchen knife. In such a situation, this case seems acceptable.