Recently, the Supreme Court dismissed a batch of appeals filed against the acquittal of Surendra Koli and Moninder Singh Pandher in the infamous Nithari serial killings case, affirming the verdict of the Allahabad High Court. The Court, while refusing to interfere with the High Court’s decision, remarked that trial courts should not be swayed by public and media sentiment, emphasizing the need for judicial independence based on law and evidence.
The case revolved around the horrific discovery of mutilated remains of several children and women near the residence of Pandher in Noida's Nithari area between 2005 and 2006. Koli, employed as a domestic worker at the residence, was accused of committing multiple murders, followed by acts of mutilation and disposal of the victims’ remains in the drain behind the house.
Challenging the acquittals granted by the Allahabad High Court in October 2023, the Central Bureau of Investigation (CBI) and families of the victims had approached the apex court. The appeals were heard by a Bench comprising Chief Justice of India BR Gavai, Justice Satish Chandra Sharma, and Justice K. Vinod Chandran. The Bench found no perversity in the High Court’s reasoning and complimented the lower court for resisting external pressures while deciding a case of such notoriety.
During the course of arguments, the apex court raised concerns regarding the accessibility of the crime scene. The Bench specifically noted that the backyard from where the remains were recovered was not an area exclusively accessible by the accused. Justice Gavai underlined the legal standard, stating that for recoveries to be legally significant, the location must be within the exclusive knowledge and control of the accused.
The CBI had previously filed 16 cases against Koli, charging him with serious offences including murder, rape, abduction, and destruction of evidence. Pandher was initially charge-sheeted only for immoral trafficking but was later implicated in additional cases based on complaints from the victims’ families. Although both were convicted by Trial Courts, the High Court had set aside those convictions citing lack of conclusive evidence, poor investigation, and alternate theories that were never adequately explored, particularly the angle of organ trafficking.
The Court noted that even though another individual from a neighbouring house had previously been arrested in connection with a kidney scam, this vital angle was never pursued during the CBI’s investigation. The defence pointed to glaring deficiencies, including the absence of key forensic evidence such as blood-stained clothing or murder weapons, and claimed that the body parts recovered were cut with surgical precision, suggesting a possibility of organ trade rather than acts of cannibalism as sensationally portrayed.
In earlier proceedings, the Apex Court had expressed disappointment over the manner in which the appeals were handled, especially by the State. On a prior hearing date, the Court observed that no party appeared adequately prepared, calling it a “very sorry picture” of the Union and CBI’s conduct in a case of such gravity.
Ultimately, the Top Court found no compelling reason to overturn the High Court’s detailed acquittal. While Surendra Koli remains incarcerated in another case where his conviction and death sentence were previously upheld, Moninder Singh Pandher now stands acquitted in all proceedings arising out of the Nithari incident. A detailed judgment from the Supreme Court is awaited.
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