Nithari Killings: As SC Agrees To Hear Appeal Against Pandher, Koli's Acquittal, A Recap Of Why HC Commuted Death Sentence

Supreme Court issued notice to the Uttar Pradesh government in a plea challenging the Allahabad High Court's acquittal of Moninder Singh Pandher and Surendra Koli in the Noida Nithari killings of 2005 and 2006

In 2014, the apex court again dismissed a review petition filed by Koli.

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The Supreme Court on Friday issued notice to the Uttar Pradesh government in a plea challenging the Allahabad High Court's acquittal of Moninder Singh Pandher and Surendra Koli in the Noida Nithari killings of 2005 and 2006 that shook the nation. The two acquitted-accused were awarded death sentence for the murder of several girls at their Noida residence before they were acquitted by the Allahabad High Court in  some of the cases in 2015.

A Bench of Justices BR Gavai, Satish Chandra Sharma and Sandeep Mehta issued notice to Pandher and Koli.

Pappu Lal, father of one of the victim girls moved an instant appeal Supreme Court against their aqcuittal.

Why Were Accused In Nithari Case Acquitted?

The Allahabad High Court acquitted Pandher and his domestic help Surendra Koli in some of the cases connected the Nithari killings and overtuned the death penalty awarded to them by a trial court.

The high court acquitted Koli in 12 cases and Pandher in 2 cases in which they were convicted for murder and awarded death penalty by the trial court in these cases. This led to the present instant appeal before the apex court.

As per the plea in the top court, the High Court wrongly discarded medical evidence and judicial confession of the accused as recorded by a Magistrate. The appeal further contends that the even though the cases against Pandher and Koli were based on circumstantial evidence, their guilt was proven beyond doubt.

In December 2006, the news of Nithari murders shook the nation, when skeletons were discovered in a drain near a house in Nithari village in Noida. Moninder Singh Pandher was the owner of the house, and Koli worked there as a domestic help.

The case was taken over by the Central Bureau of Investigation (CBI) and eventually multiple cases were filed against the duo.

Surendra Koli was accused for murder, abduction, rape, and the destruction of evidence, while Moninder Singh Pandher was charged in a immoral trafficking case.

Koli was accused of committing multiple rapes and murders of several girls and was sentenced to death in more than 10 cases.

In 2017, a special CBI court held Pandher and Koli guilty for killing of a 20-year-old woman and sentenced them to death.

In 2009, the Allahabad High Court held Koli guilty but acquitted Pandher due to lack of evidence for the murder and rape of another victim, 14-year-old girl. Koli appealed against this verdict in the Supreme Court in 2011. The top court junked this plea.

In 2014, the apex court again dismissed a review petition filed by Koli.

On January 2015, the Allahabad High Court commuted the death sentence to life imprisonment on account of an inordinate delay in decision on Koli's mercy petition. 

Incidently, CJI DY Chandrachud who was then the Chief Justice of high court had delivered the decision of commuting death penalty to life sentence.