New Delhi, November 11, Tuesday, the Supreme Court finally set aside the only surviving conviction of Surendra Koli in the infamous Nithari killings. The courtroom felt unusually still when Justice Vikram Nath, speaking for the bench, said, "Koli is acquitted of all charges in this appeal"-a line that signalled the end of a nearly two-decade-long legal shadow hanging over him.
Background
The Nithari killings were one of the most disturbing crime stories of 2006, discovered when skeletal remains of children and women were found behind a house in Noida’s Nithari village. Koli, employed as a domestic helper in the residence of businessman Moninder Singh Pandher, was pulled into the storm soon after.
The CBI, which later took charge of the investigation, filed 16 cases against Koli, painting him as the central figure in a series of gruesome murders. Yet, over time, many of the prosecution's claims began to crumble in court. From confessions extracted after extended custody to recoveries not proven to be exclusively linked to the accused, the chain of evidence came under repeated fire.
The Allahabad High Court ultimately acquitted him in all but one case, calling the probe “botched up” and criticising investigative gaps, including the unexplored angle of alleged organ trade. Even Pandher, once seen as equally culpable, walked free after the Supreme Court dismissed all appeals in July.
Court's Observations
Chief Justice BR Gavai, Justice Surya Kant, and Justice Vikram Nath - echoed the same concerns that earlier courts had flagged. At one point, the judges noted that maintaining a conviction in one case while acquitting him in twelve others created an “anomalous situation” given that the evidence was practically identical.
The bench observed,
"If the same set of evidence has already been declared unreliable, continuing one conviction would be against the principles of justice," a remark that stirred murmurs in the packed courtroom.
As arguments closed, the judges also recalled the earlier criticism of reliance on recoveries from a space that was not exclusively accessible to the accused. There was a conscious undertone of caution about media narratives that had influenced the initial stages of the case.
Decision
Announcing the operative part of the order, Justice Nath firmly stated that the 2011 Supreme Court judgment confirming Koli’s conviction, along with the 2014 order dismissing his review, “stand recalled and set aside.”
The bench allowed Koli’s criminal appeal, overturning the 2009 sessions court findings as well. With that, the court directed that Surendra Koli be released immediately “if not wanted in any other case.”
Case Title: Surendra Koli v. State of UP