Supreme Court to Hear Curative Petition of Nithari Killings Convict Surendra Koli⚖️
Background of the Case📌
Koli filed his curative plea on August 30, a month after the apex court on July 30, 2024, acquitted him in 12 cases. The court ruled that the prosecution had failed to prove his guilt, highlighting several procedural flaws in the investigation.
Hearing Before the Bench👩⚖️
Advocate Payoshi Roy, representing Koli, argued before a bench headed by CJI Bhushan R Gavai for urgent consideration. Roy stated: "In 12 cases he has been acquitted. However, he is still in jail due to the one case where he is convicted. His review petition had earlier been dismissed. A curative petition has now been filed."
The CJI, sitting with Justice Vinod K Chandran, noted that both judges who passed the 2011 conviction order had retired and assured that a new bench will be assigned.
What is a Curative Petition?📜
A curative petition is the last judicial remedy to challenge a Supreme Court judgment. These petitions are rarely admitted and usually heard in chambers, unless the litigant proves:
- They were not given a fair hearing ⚖️
- The judgment reflected judicial bias ⚖️
- The process was abused causing grave injustice ❌
In this case, the Supreme Court has agreed to hear Koli’s plea in open court.
The Nithari Killings: A Nation Shocked🔪
The Nithari killings (2005–2007) horrified India when skeletal remains of several children were discovered in a drain behind the Noida house where Koli worked as a domestic aide for businessman Moninder Singh Pandher.
The CBI investigation concluded that Koli lured girls to the house, where they were allegedly sexually assaulted, killed, and mutilated. Reports even accused him of cannibalism. A weapon allegedly used to chop the bodies was also recovered.
Trials and Convictions⚖️
Between 2005 and 2007, 16 cases of rape and murder were registered. The trial court convicted Koli in 13 cases, while Pandher was initially convicted in two but later acquitted in all.
In 2011, the Supreme Court upheld Koli’s conviction in one case and sentenced him to death. However, in 2015, the Allahabad High Court commuted his sentence to life imprisonment due to the delay in deciding his mercy plea.
Questions Raised on Investigation🔍
While acquitting Koli in 12 cases, the Supreme Court highlighted that the recoveries made during investigation were not supported by valid statements under Section 27 of the Evidence Act.
Meanwhile, the CBI had raised concerns about an alleged organ trade that it claimed was not properly investigated.
Current Status🚨
Out of 16 cases, Koli now remains convicted in only one case. His curative petition could determine whether he walks free after nearly two decades in prison.
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