In a landmark judgment that stirred both legal and public discourse, the Supreme Court of India on Wednesday upheld the acquittal of Surendra Koli and Moninder Singh Pandher in 12 gruesome cases linked to the infamous Nithari serial killings.
These cases, which involved horrifying acts of murder, rape, and even alleged cannibalism, had shocked the conscience of the nation between 2005 and 2007.
The apex court dismissed the appeals filed by the Central Bureau of Investigation (CBI) and some victims’ families, bringing a controversial and emotional closure to one of India’s darkest criminal sagas.
Background of the Case
Koli, a domestic servant, and Pandher, a Noida-based businessman, were accused of heinous crimes involving the murder of multiple children and young women in Nithari village, located adjacent to the affluent suburb of Noida.
The case came to light when human remains, including skulls and bones, were discovered in a drain behind Pandher’s house.
Both men were tried and convicted in several cases. Koli was initially convicted in 13 out of 16 cases, while Pandher was convicted in two.
The remaining three cases against Koli led to his acquittal at the trial level. In 2011, the Supreme Court upheld Koli’s conviction in one of the 13 cases, for which he is still serving a life sentence.
The Supreme Court’s Observations and Rationale
A bench headed by Chief Justice of India DY Chandrachud, along with Justices SC Sharma and K Vinod Chandran, delivered the verdict on Wednesday.
The court sided with the Allahabad High Court’s October 2023 judgment that had acquitted both accused due to several critical lapses in the investigation and the prosecution’s handling of the case.
The Chief Justice was firm in questioning the CBI’s reliance on emotionally charged language, such as describing the case as “one of the darkest crimes in history.
” The bench reminded the Additional Solicitor General (ASG) Rajkumar Bhaskar Thakare, representing the CBI, that “prejudicial expressions” cannot replace substantive legal reasoning. The court said firmly, “Don’t try to prejudice the court. Just tell us what the perversity is in the high court judgment.”
Why the Recovery Evidence Was Deemed Inadmissible
One of the major turning points was the admissibility of the physical evidence — the skulls, bones, clothing, and personal belongings of the victims — recovered from the premises.
The court emphasized that for such evidence to be admissible under Section 27 of the Indian Evidence Act, it must be linked to a disclosure statement made by the accused while in custody. No such proper disclosure statement existed in this case, the court noted.
Thakare argued that such recoveries were too substantial to be dismissed and invoked Section 8 of the Evidence Act, which considers evidence of motive or preparation. However, the bench rebutted that unless supported by due procedure under Section 27, “the recovery should be thrown into the dustbin.”
The high court had already noted in its 2023 ruling that there was a lack of independent witnesses, vague timelines, conflicting narratives, and an overall failure to record the disclosures accurately. It described the CBI’s investigation as “botched up,” saying that “basic norms of collecting evidence were brazenly violated.”
Victims’ Families Appeal for Justice
Senior advocate Geeta Luthra, representing the family of one of the victims, pleaded with the bench for a detailed hearing.
She argued that in 2011, the apex court had convicted Koli based on the same confessional evidence and materials presented. She insisted that the evidence was compelling and deserved a deeper examination, even suggesting that the High Court’s acquittal should be revisited.
However, the bench made it clear that unless any glaring perversity or illegalities were shown in the high court’s reasoning, there was no ground to reopen the matter. The CJI pointedly said, “If you ask us to ignore the Section 27 requirement, nearly 100 judgments I’ve delivered could be deemed per incuriam.”
Closure or Controversy?
This judgment effectively closes 12 of the 16 Nithari cases, bringing an end to nearly two decades of courtroom drama. While Pandher walks free, Koli remains behind bars, serving life imprisonment in the one case where his conviction has been previously upheld by the apex court.
Yet, for the families of the victims, justice feels elusive. The decision, though legally reasoned, opens wounds that had barely begun to heal. The chilling memory of young girls disappearing only to have their mutilated remains discovered in the drains of a seemingly normal neighborhood has scarred the collective psyche of the country.
Final Word
The Nithari case stands as a cautionary tale — not just of human depravity but also of the consequences of investigative lapses and judicial processes gone awry.
While the judiciary followed the rule of law and constitutional safeguards, the verdict also underscores the immense responsibility law enforcement agencies carry when handling such sensitive and horrifying crimes. With technicalities trumping emotion in this instance, many are left wondering: has justice truly been served?
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