The Supreme Court on Tuesday reserved its verdict on a curative petition filed by Surendra Koli, the last remaining convict in the infamous Nithari killings case. The petition challenges Koli’s conviction and death sentence in the single case that had not been overturned, following his acquittal in 12 other cases arising from the same series of crimes.
A bench comprising Chief Justice B.R. Gavai and Justices Surya Kant and Vikram Nath heard the petition in open court, observing that Koli’s plea “deserves to be allowed.” The bench noted that an anomalous situation would arise if he were convicted in this remaining case while having been acquitted in all others based on identical evidence. Chief Justice Gavai remarked, “This matter deserves to be allowed in a minute,” signaling a possible acquittal.
Koli’s conviction in the pending case largely rests on his confessional statement and the recovery of a kitchen knife from a lane behind his house, the same evidence on which he had been acquitted in other trials. The Supreme Court bench highlighted questions over the sufficiency of such evidence. During proceedings, the CJI engaged in a light-hearted exchange with Additional Solicitor General Rajkumar Bhaskar Thakare, who represented the CBI, reminding him of his duties as an officer of the court.
The Nithari killings, which shocked the nation, came to light on December 29, 2006, when skeletal remains of eight children were discovered in a drain behind the house of businessman Moninder Singh Pandher in Noida. Subsequent searches in the area uncovered more skeletal remains, mostly of missing children and young women from economically disadvantaged families. The probe was later taken over by the Central Bureau of Investigation, which alleged that Koli lured young girls to the house, sexually assaulted, and killed them, with Pandher also implicated in several cases.
Koli was originally convicted for the rape and murder of a 15-year-old girl, and the Supreme Court upheld his conviction and death sentence in February 2011. His review petition was dismissed in 2014, but in January 2015, the Allahabad High Court commuted his death sentence to life imprisonment due to undue delay in deciding his mercy petition. In October 2023, the Allahabad High Court acquitted Koli and Pandher in several other Nithari cases, overturning the death sentences awarded by the trial court. Koli was acquitted in 12 cases, while Pandher was acquitted in two.
The CBI and victims’ families had challenged these acquittals before the Supreme Court, but a bench led by CJI Gavai dismissed all 14 appeals on July 30, 2025. In total, 19 cases were initially filed against Koli and Pandher in 2007. The CBI filed closure reports in three cases due to lack of evidence, and in the remaining cases, Koli had earlier been acquitted in three, with one death sentence commuted to life imprisonment.
If the Supreme Court allows Koli’s curative petition, he would be fully exonerated in all cases linked to the Nithari killings, effectively ending his nearly two-decade-long legal battle. The forthcoming verdict is being closely watched for its implications on criminal justice and the reliance on confessional evidence in high-profile cases.
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